Ministry of Justice

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1. BORA Identity (Citizenship and Travel Documents) Bill [pdf, 139 KB]

   ...Minister, the Attorney- General and the High Court. A summary approved by the Court will be available to the person affected. 16. The provisions that restrict available information to a summary reflect a balancing exercise between the importance of protecting classified information and the need to preserve an individual’s right to natural justice. Combined with the appeal provisions outlined above, we consider that this section provides a person with an adequate opportunity and abil...

2. Final-Technical-Assessment-F-Hydrology-and-Flooding-updated-23-Dec-2022_Part2.pdf [pdf, 20 MB]

   ...rural apart from Levin and Manakau. The settlement at Ohau is on a ridge that is not sensitive to any hydrological changes within the proposed designations. Any existing building in an area potentially affected by the Ō2NL Project was given careful analysis. (b) Topography, which is dominated by moderate gradients in which upstream backwater effects are short and the downstream redistribution of any changes in flow occurs over a short distance. (c) Flooding, which is typicall...

3. McNicholl v CAC416 & O'Loughlin [2019] NZREADT 32 - Penalty (2 August 2019) [pdf, 276 KB]

   ...fairness have provided information as to the incompatibility to the appellants when he marketed the apartments to them. His failure to do so was a breach of his obligation under r 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012, and fell short of the standard that a reasonable member of the public is entitled to expect from a reasonably competent licensee.4 Sentencing principles [11] The principal purpose of the Act is to “promote and protect t...

4. Otago Standards Committee v Davidson [2012] NZLCDT 39 [pdf, 160 KB]

   ...hearing the Tribunal reserved its decision. This determination now records the Tribunal’s decision. Background [4] At a meeting on 1 July 2011, Ms Davidson had been instructed to prepare a revised will for Mrs J, who was in residential care. The instructions came from members of her family. [5] The changes proposed in Mrs J’s revised will did not involve substantive changes to the operative provisions of her former will. The revisions to her will provided for the re...

5. WA & WB v North Islands Standards Committee LCRO 127 / 2012 (5 June 2013) [pdf, 96 KB]

   ...clients of [VXZ]. 14. The Committee noted there was nothing to suggest dishonesty on the part of the practitioners however there had been serious breaches of the legal requirements for the operation of lawyers’ trust accounts, which exist for the protection of clients and for the maintenance of public confidence in the legal profession. [11] It then made the following orders: In relation to Mr [WA] the Committee makes the following orders: a. That Mr [WA] be censured pursuant...

6. Committee on the Elimination of All Forms of Racial Discrimination – summary record 18th-20th reports (continued) [pdf, 117 KB]

   ...alcohol and drug abuse, and ensuing mental disorders, were linked to the precarious living conditions of Maori. The by Maori for Maori organization helped community members to overcome their dependency by providing them with clinical and psychiatric care and by assisting them in finding employment. As a result of the claims settlement process, iwi were enjoying economic success. That was due to the existence of the Treaty of Waitangi, which established the rights of indigenous peoples...

7. BW v DJ LCRO 9 / 2013 (20 September 2013) [pdf, 117 KB]

   ...BW had given. Further, counsel says DJ should not have advised BW to relinquish her directorship of the company, or her shareholding, until BW had been released from her guarantee, and BW cannot rely on an indemnity in the Agreement from DM to protect her financial position. 6 [25] DJ says that her instructions from BW at the time were to formalise the Agreement BW had negotiated with DM, and to extract BW from her liabilities to the company as quickly as possible. BW’s corr...

8. Sharing information safely: Summary of feedback [pdf, 370 KB]

   ...is safe and appropriate to do so. The Act provides clear authorisation for the sector to collect, use, request and share personal information for permitted purposes. It also clarifies that the sector has a duty to consider sharing if it may help protect a victim, or if it receives a request for information for a permitted purpose. Draft guidance on sharing personal information To assist the sector in implementing the new provisions, the Ministry of Justice developed three draft doc...

9. BORA Immigration Amendment Bill (No 2) [pdf, 328 KB]

   ...a person’s ability to claim asylum in New Zealand. If a person alleged they would be subject to torture or death if returned to their home country or country of origin they would still be entitled to make a claim for recognition as a refugee or protected person. Therefore, cls 35, 39 and 56 do not limit the rights affirmed by ss 8 and 9 of the Bill of Rights Act. Section 19 – Right to be free from discrimination 8.Section 19(1) of the Bill of Rights Act affirms the right to fre...

10. BORA Misuse of Drugs Amendment Bill [pdf, 171 KB]

    ...MOT:[2] "In the end an abridging inquiry under s 5 is a matter of weighing (1) the significance in the particular case of the values of the Bill of Rights Act; (2) the importance in the public interest of the intrusion on the particular right protected by the Bill of Rights Act; (3) the limits sought to be placed on the application of the [Bill of Rights] Act provision in the particular case; and (4) the effectiveness of the intrusion in protecting the interests put forward t...