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1. BORA Human Rights Amendment Bill [pdf, 186 KB]

   ...33 of the United Nations Convention on the Rights of Persons with Disabilities, being to “maintain, strengthen, designate or establish within the State Party, a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the present Convention.” The Bill also makes changes to the composition, governance arrangements and functions and powers of the Commission to enable it to respond better to emerging human rights issues,...

2. BORA Residential Tenancies (Damage Insurance) Amendment Bill [pdf, 187 KB]

   ...introduced to the House of Representatives on 16 March 2006 and is currently awaiting its first reading. The Ministry understands that the next Members’ Day is scheduled for 29 March 2006. 2. The Bill amends the Residential Tenancies Act 1986 to protect tenants against personal liability for major damage caused to premises that they played no part in causing. The Bill provides that landlords must insure the interests of tenants against liability for damage to the premises. This require...

3. BORA Shop Trading Hours Amendment Bill [pdf, 203 KB]

   ...Allows territorial authorities to enact bylaws within their districts to allow trading on Easter Sunday with certain conditions; • Sets out the consultative procedure for enacting bylaws and provides for a mandatory review process; • Provides protections for shop workers where a territorial authority enacts bylaws that allow shop trading in their area. - Shop workers have the right to refuse work on Easter Sunday without giving a reason. - Shop workers have the right to...

4. BORA Subantarctic Islands Marine Reserves Bill [pdf, 186 KB]

   ...of the Marine Reserves Act 1971 will apply to the three marine reserves created by the Bill. 4. The Bill also provides for a review of the Moutere Ihukupu / Campbell Island Marine Reserve five years after the commencement of the Bill to consider protecting the remainder of the Campbell Island territorial sea by including it in the marine reserve. 5. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed by the Bill of Rights Act. This advice has...

5. BORA Exclusive Economic Zone and Continental Shelf (Environmental Effects) (Transitional Provisions) Amendment Bill [pdf, 191 KB]

   ...activities involving structures in the EEZ Act. Unlike other transitional provisions in the EEZ Act, section 162 does not currently allow operators to continue their activities while a marine consent application is being considered by the Environmental Protection Authority or while any appeals are determined. The amendment will allow existing petroleum mining operators to continue their operations until their applications for marine consents are determined. 3. We have concluded that the...

6. BORA Crimes (Provocation Repeal) Amendment Bill [pdf, 184 KB]

   ...of provocation for murder. 3. The Bill does not raise any apparent inconsistency with the Bill of Rights Act. The repeal of the provocation defence to murder is a substantive change to the criminal law, but does not by itself contravene any of the protections in the Bill of Rights Act. 4. In particular, the Bill does not purport to apply to offences committed prior to its commencement. The Bill will therefore be interpreted in accordance with common law principles and with s 25(g) and s...

7. BORA New Zealand Bill of Rights (Private Property Rights) Amendment Bill [pdf, 188 KB]

   ...New Zealand Bill of Rights Act 1990 (the "Bill of Rights Act"). It is our understanding that the next Member’s day is scheduled for Wednesday, 4 May 2005. 2. The Bill proposes to amend the New Zealand Bill of Rights Act 1990 to provide protection for private property rights. The amendment has two limbs. First, it provides for the right to own property. Secondly, a person must not be deprived of the use or enjoyment of his or her property without just compensation. 3. We cons...

8. BORA Education (Establishment of Universities of Technology) Amendment Bill [pdf, 201 KB]

   ...Ministry understands that the next Members' Day is scheduled for 13 December 206. 2. The purpose of the Bill is to provide for the establishment of a new category of institution (university of technology) under the Education Act and provide for the protection of that term. The Bill: • Amends the definition of 'institution' in section 159 of the Education Act 1989 to include 'university of technology'; • Sets out the characteristics of universities of techn...

9. BORA Unit Titles Bill [pdf, 207 KB]

   ...owners; and o to create bodies corporate, which comprise all unit owners in a development, to operate and manage unit title developments; and o to establish a flexible and responsive regime for the governance of unit title developments; and o to protect the integrity of the development as a whole. 3. We have concluded that the Bill does not appear to be inconsistent with the rights and freedoms affirmed in the Bill of Rights Act. Michael Petherick Manager, Ministerial Advice...

10. PC v OR [2021] NZDT 1341 (8 April 2021) [pdf, 232 KB]

    ...$650.00. 3. Although OR was named personally as a respondent, I am satisfied that the contract was with T Limited and the claim against OR cannot succeed. 4. The issues I must consider are: a. Were the services carried out with reasonable care and skill as required by s 28 CGA? b. If not, what remedy is appropriate? Were the services carried out with reasonable care and skill as required by s 28 CGA? 5. Where services are supplied to a consumer, s 28 of the Consumer Guaran...