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1. BORA Electoral (Integrity) Amendment Bill [pdf, 419 KB]

   ...Accordingly, the question is whether the limitations are justified under s 5 BORA as "reasonable limits ... [that] can be demonstrably justified in a free and democratic society". 2.3 While it can be argued that the Bill does not sufficiently protect "legitimate dissent" by members in relation to the parties and so is BORA inconsistent, the better view, based on the Supreme Court's decision in Awatere Huata v Prebble [2005] 1 NZLR 289, is that the Bill is BORA con...

2. Greyling v Gimranov [2016] NZIACDT 55 (15 September 2016) [pdf, 216 KB]

   ...“inevitably, although not always, may lead to striking off”. In the present case, the form of “dishonesty” is being a party to a criminal breach of the Act, involving advising a client to deceive Immigration New Zealand. It is important to look carefully at whether rehabilitation is realistic. I have done so. [41] I am satisfied that if there is any prospect of rehabilitation it can only be after Mr Gimranov invests in gaining the knowledge to provide services at a standard much h...

3. Mark Brown (filed 6 June 2017) [pdf, 2.1 MB]

   ...reports saying the effects of the turbine on our landscape will be less than significant and will introduce a “new feature of interest” to it, 4 when the same people have argued, in the past, that nearby landscape features need to be protected from development. 15. In a resource consent application by Blueskin Projects, Mr More argued against houses being built on Potato Point because of the sensitivity of the site and the quality of the local landscape, (Proposed Potato P...

4. [2017] NZEnvC 150 Blueskin Energy Ltd v Dunedin City Council [pdf, 11 MB]

   ...and Sycamore, are of the view that there are provisions in the 2GP and in the proposed RPS which may frustrate the 35 Section 31 provides more particularised direction to territorial authorities that it is the effects of the use, development, or protection of land and associated natural and physical resources. 36 Southland Fish & Game New Zealand v Southland District Council & Ors at [23]. 3? Environmental Defence Society Incorporated v New Zealand King Salmon Company Limited [2...

5. [2018] NZEnvC 026 Marlborough District Council v Burkhart Industries Ltd [pdf, 5.3 MB]

   ...Act 1991, the Marlborough District Council 's application to change the interim enforcement orders made in decision [2017] NZEnvC 214 is refused. B: Under sections 319 and 321 of the Resource Management Act 1991, the Royal Forest and Bird Protection Society Incorporated's application to change the interim enforcement orders made in decision [2017] NZEnvC 214 is granted, to the extent that Orders [A] 3 and 4 of that decision are deleted and the following orders in respect...

6. COVID-19 Alert Level 3 in the District Court data summary [pdf, 335 KB]

   ...filed on average a week during Alert Level 3 compared to Alert Level 4. However, the difference is slight with only 10 charges fewer a week (-3%). Offences against justice (which includes offences for breaching community sentences, breach of protection order and people on bail not attending scheduled court appearances) had the largest increase in the average number of charges filed per week (+123 charges; +31%). Much of the increase was related to: • failure to answer bail (...

7. CJARS - claim form [pdf, 322 KB]

   ...A witness or you assisted in the administration of justice. For example: • You reported a crime or gave information to the police in a criminal case that is punishable by imprisonment; and • you suffered material loss or damage to property and you are not in a Witness Protection Programme; or • you are in a close relationship with a witness and you experienced costs or suffered losses as a result of assisting or caring for the witness. Impo...

8. BORA Railways Bill [pdf, 34 KB]

   ...unreasonable search and seizure. There are two limbs to the right. First, section 21 is applicable only in respect of those activities that constitute a search or a seizure . Second, where certain actions do constitute a search or seizure, [1] section 21 protects only against those searches or seizures that are unreasonable in the circumstances. 8. In assessing the substantive "reasonableness" of any power of search and seizure, the Ministry is of the view that section 5 of the...

9. BORA Diplomatic Privileges And Immunities Amendment Bill [pdf, 19 KB]

   ...detention; immunity from legal process; inviolability of papers and documents; communication privileges; and exemption from taxation on the salaries, emoluments and allowances paid to them by the Court). It ensures that each group retains the core protections necessary to ensure that they can perform their functions independently. 10. The corollary is that some privileges (especially, customs privileges) can be regarded as less fundamental and their absence for New Zealand nationals and...

10. BORA Crimes And Misconduct (Overseas Operations) Bill [pdf, 19 KB]

    ...Zealand law committed overseas". The objective is one of ensuring that such persons do not have impunity with respect to offences committed either in the course of the official operations of the overseas operating force (but subject to the usual protections in this situation) or outside of their official duties. Equally, it is preferable that New Zealand possesses jurisdiction for New Zealand personnel deployed overseas so as to avoid exposure to a judicial or penal system that may b...