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1. BORA Trade Marks (International Treaties And Enforcement) Amendment Bill [pdf, 309 KB]

   ...seizure. There are two limbs to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a "search or seizure". Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. Powers of entry and examination – search and seizure without a warrant Clause 17 of the Bill inserts Subpart 2A into the Trade Ma...

2. BORA Local Government (Auckland Law Reform) Bill [pdf, 308 KB]

   ...the Bill draws a distinction on the basis of race. We consider any potential issue of inconsistency with s 19 of the Bill of Rights Act arising from the establishment of the Board to be demonstrably justified under s 5 of that Act. The active protection of the indigenous people of New Zealand and those that have been historically disadvantaged is a significant and important objective. The Board furthers this objective by giving special recognition to the mana whenua and Māori of T...

3. LCRO 133/2018 RN v TL (15 April 2019) [pdf, 101 KB]

   ...that fell below a proper professional standard, further action was not necessary or appropriate. [10] Mr RN disagrees with the Committee and applied for a review. Review Application [11] Mr RN’s key concern on review was that Ms TL did not protect his life savings and instead bullied him into settling on terms he rejects as unfair. Mr RN made various comments about Ms TL’s conduct in the course of acting for him including at the judicial settlement conference when, he says,...

4. Mullane v Attorney-General (Request for Documents) [2020] NZHRRT 14 [pdf, 621 KB]

   ...following comments by way of assistance: [10.1] The order made by the Tribunal at [117] of its decision prohibiting search of the Tribunal file and directing that Mr Mullane and the Police be notified of any request to search the file was sufficient to protect the evidence on the Tribunal’s file. [10.2] In any event the Public Records Act 2005 appeared to prohibit the removal or destruction of a judicial record. 4 [10.3] It was unclear whether Mr Mullane intended his application...

5. 20240624-Education-and-Training-Amendment-Bill.pdf [pdf, 202 KB]

   ...subject to a property order, or personal order that reflects adversely on their competence to manage their own affairs in relation to their property, or capacity to make or communicate decisions relating to any particular aspect(s) of their personal care and welfare, under the Protection of Personal and Property Rights Act 1998. 24. We have previously considered such limits on s 19(1) justified because they are rationally connected to the important objective of ensuring that only thos...

6. BORA-Advice-Education-and-Training-Amendment-Bill.pdf [pdf, 259 KB]

   ...subject to a property order, or personal order that reflects adversely on their competence to manage their own affairs in relation to their property, or capacity to make or communicate decisions relating to any particular aspect(s) of their personal care and welfare, under the Protection of Personal and Property Rights Act 1998. 24. We have previously considered such limits on s 19(1) justified because they are rationally connected to the important objective of ensuring that only those pe...

7. [2024] NZEnvC 130 Yzendoorn v Hamilton City Council [pdf, 245 KB]

   ...[25] A high standard must be met to justify the award of costs against a public body. Unless the public body has failed to perform its duties or it has acted unreasonably, the standard will not be met. [26] Justice Cooke held in Environmental Protection Authority v BW Offshore Singapore Pte Ltd that the underlying reason for the high standard is as follows: 14 When a decision-making body exercises statutory powers, it may be appropriate for it to appear and address evidence and submi...

8. UI v T Ltd [2025] NZDT 11 (27 January 2025) [pdf, 138 KB]

   ...bar. 11. The Court explained that the "proportionality test" may be "cross-checked" against the "punitive purpose test" – i.e. whether the predominant purpose of the secondary obligation is to punish rather than to protect legitimate performance interests. However, the Court described the tests as "two sides of the same coin". 12. UI submits that the fine of $65.00 is disproportionate to the actual parking fees that would have applied, which...

9. OIA-124266.pdf [pdf, 2.2 MB]

   ...Copies of these documents are attached in Appendix 1 of this letter and my decision on their release is outlined in the table below. Please note, some information has been withheld under the following sections of the Act: • Section 9(2)(a) - to protect the privacy of natural persons; • Section 9(2)(f)(iv) – to maintain the constitutional conventions that protect the confidentiality of advice tendered by Ministers and officials; and • Section 9(2)(g)(i) – to maintain the effe...

10. OIA-107110_FINAL.pdf [pdf, 1.6 MB]

    ...the procurement process. I can advise that Te Au Reka will be holding primarily court information. The judiciary are responsible for, and control, court information. The judiciary are thus responsible for determining matters relating to the custody, protection and use of court information, supported by the Ministry of Justice. The judiciary require Te Au Reka to have appropriate safeguards to protect the court record from illegal access (e.g., cyber-attacks), and there must be appropriate...