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1. Statutory prohibitions on publication for media [pdf, 211 KB]

   ...authorising the taking of a bodily sample from a suspect under the age of 17 years, no person shall publish, in any report or account relating to any proceedings on the application, the name of the respondent [suspect] or the parents or any person having the care of the respondent, or any other name or particulars likely to lead to the respondent’s identification. Criminal Records Section 13 of the Criminal Records (Clean Slate) Act 2004 provides that if: (a) An application is made f...

2. BORA Biosecurity Law Reform Bill [pdf, 335 KB]

   ...expression), 21 (right to be secure against unreasonable search and seizure), 22 (liberty of the person) and 25(c) (right to be presumed innocent). Our analysis is set out below. Right to Freedom of Expression • Section 14 of the Bill of Rights Act protects the right to “freedom of expression, including the freedom to seek, receive and impart information and opinions of any kind and any form.” • Clause 30 of this Bill substitutes new s 35 into the Biosecurity Act, which will...

3. Standards Committee 1 v Hart [2011] NZLCDT 5 [pdf, 84 KB]

   ...Collins argued that pursuant to section 238 of the Lawyers and Conveyancers Act 2006, the starting point is openness of proceedings. That section prescribes that hearings be held in public unless there is a proper privacy or other interest to be protected. Mr Collins argued that carried with it an expectation that Tribunal business is to be conducted in and available to the public. That provision is subject to section 240 which provides the jurisdiction to consider in proper circ...

4. BORA Lawyers and Conveyancers Bill [pdf, 25 KB]

   ..."In the end an abridging inquiry under s 5 is a matter of weighing: 1. The significance in the particular case of the values underlying 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 to justif...

5. CAC10063 v Picknell [2013] NZREADT 41 [pdf, 57 KB]

   ...suspending her licence, a fine not exceeding $15,000 and compensation. Submissions of REAA [5] The Real Estate Agents Authority (“REAA”) submitted that Ms Picknell failed to achieve the fundamental purpose of the Act which is to promote and protect the interests of consumers in Real Estate Agents transactions in leaving the forms with an unlicensed person to do as she wished with them. [6] The REAA submits that this is serious misconduct and that the appropriate penalty is le...

6. BORA Land Transport Amendment Bill [pdf, 127 KB]

   ...relating to driving while under the influence of drink or drugs (clause 42). 6. We note that one of the vehicle impoundment provisions in the Land Transport Bill 1997 was the subject of a section 7 report on the basis that it inconsistent with the protection against double jeopardy set out in section 26(2) of the Bill of Rights Act. 7. In 2002 the issue was reconsidered in relation to the Land Transport (Street and Illegal Drag Racing) Amendment Bill. In the light of subsequent case law...

7. Director of Proceedings v Smith (Application for Final Non-Publication Orders) [2019] NZHRRT 32 [pdf, 695 KB]

   ...INTRODUCTION [1] These proceedings under Part 4 of the Health and Disability Commissioner Act 1994 (HDC Act) have been brought by the Director of Proceedings (Director). [2] At the relevant time Mrs Smith [this is the name given to the defendant to protect her identity in compliance with the suppression orders made in this decision at [141]] was a registered midwife employed by the Taranaki District Health Board (Taranaki DHB) as a hospital midwife at Taranaki Base Hospital. These proc...

8. Appendix 2 Draft Annex to 23rd-24th Reports under the Convention on the Elimination of Racial Discrimination [pdf, 420 KB]

   ...meaning, plan, practice, convention, protocol - the customary system of values and practices that have developed over time and are deeply embedded in the social context Tuituia: A recently introduced assessment tool for Statutory Social Work Child Protection that is based on Māori philosophical beliefs about care Whakapapa: Genealogy, lineage or descent Wānanga: Tertiary school characterised by teaching and research that maintains, advances, and disseminates knowledge and develops...

9. BORA Policing Bill [pdf, 415 KB]

   ...will therefore be approached in light of section 6 of the Bill of Rights Act. This means that clause 34 is to be given a meaning that is consistent with the guarantee of freedom of expression under the Bill of Rights Act. Powers relating to the care and protection of intoxicated people 76. Generally, the Bill contains provisions authorising the detention of intoxicated persons where they are incapable of protecting themselves from physical harm, likely to cause physical harm to ano...

10. Marshall v IDEA Services Ltd (HDC Act) [2020] NZHRRT 9 [pdf, 434 KB]

    ...cerebral palsy,4 which affects his left side in particular. Eamon has limited use of his limbs, and his functional ability is around the age of an infant.5 He is fully dependent for continence, bathing, and dressing, as well as all other day-to-day care needs. He is non-verbal and has poor eyesight. Eamon receives a number of different medications and, of note, suffers from seizures and receives medication to minimise his risk of experiencing seizures. … [2] Because of Eamon’s h...