Search Results

1. BORA Ngāti Haua Claims Settlement Bill [pdf, 284 KB]

   ...with the taonga tuturu protocol issued under Part 2 of the Bill. 9. We have considered whether these clauses limit the right to bring civil proceedings against the Crown affirmed by section 27(3) of the Bill of Rights Act. However, section 27(3) protects only procedural rights[3] while clause 25(3) affects the substantive law. Accordingly, no inconsistency arises. Discrimination – Section 19 10. The Bill does not prima facie limit the right to freedom from discrimination affirmed...

2. BORA Accounting Infrastructure Reform Bill [pdf, 214 KB]

   ...of association". It recognises people’s freedom to enter into consensual arrangements with others, and to promote their common interests and the objectives of the associating group. The right also extends to the right not to associate, and protects the right of individuals to decide freely whether they wish to associate with others. 6.Clause 46, new s 7A, provides that NZICA may make rules stating that a person may be a member of NZICA only if the person is also a member of �...

3. BORA Easter Sunday Shop Trading Amendment [pdf, 190 KB]

   ...work on Good Friday they cannot be required to work unless they have agreed in their employment agreement to do so. 6. Although trading on Easter Sunday is restricted, it is not a "public holiday" for the purposes of the Holidays Act. The protection described above with respect to Good Friday is not applicable to Easter Sunday. However, a person who is normally required to work on a Sunday and works for a shop to which this Bill applies has the ability to initiate the re- negoti...

4. National Standards Committee 1 v Grey [2024] NZLCDT 36 (15 November 2024) [pdf, 193 KB]

   ...duties of a lawyer is to “…uphold the rule of law and… facilitate the administration of justice in New Zealand”. [2] Ms Grey is before the Tribunal because (as she accepts) she breached the term of a suppression order. The order was to protect the identity of her clients’ infant child. [3] Ms Grey is adamant that she would never intentionally breach a suppression order, but that her errors arose as “slips” during two interviews following a high pressured and very...

5. Ngati Pahauwera Report of Independent Assessor December 2015 [pdf, 1.4 MB]

   ...Part III: Statutory provisions relevant to Ngati Pahauwera’s application (a) Customary marine title, s 58 application ................................. 7 (b) Section 78 wahi tapu claim .........................................................8 (c) Protected customary rights under s 51 .....................................9 Part IV : The evidence and an agreed approach .........................................................10 Part V : Customary marine title claim under s 58 Holds the speci...

6. International Covenant on Civil and Political Rights - government reply to issues 6th report [pdf, 624 KB]

   ...The Treaty of Waitangi and the Waitangi Tribunal ............................................................. 31 Incarceration rates of Māori ................................................................................................. 32 Protection of the rights of children (Issues twenty-two to twenty-three) ................................ 35 Child abuse ........................................................................................................................... 35...

7. Evaluation of Family Safety Teams pilot: stage 1 [pdf, 3 MB]

   ...perceptions of safety, including the timely provision of appropriate services, such as information regarding legal representation, access to personal alarms, provision of knowledge and skills, checks on well-being and safety, availability of child care and culturally appropriate supports. • Victims also noted the importance of the availability of support from family and friends to one’s sense of safety and personal well-being. In contrast, perceptions of safety were undermined by pe...

8. Kelleway v Insar [pdf, 283 KB]

   ...liability of the First and Third respondents, 2 Insar and Tennent, in Contract 43 • Compliance with the Building Act 1991 47 The liability of the First and Third respondents, Insar and Tennent, in Tort 53 • The duty of care 53 • Breach of the duty of care 55 • Was the breach causative of loss? 55 The liability of the Second respondent, the Council, in Tort 57 • The Council’s submission 57 • The Kelleway’s submission...

9. Family Court Rewrite Submission - Te Putahitanga [pdf, 552 KB]

   ...suggests, we reflect the convergence of the rivers of Te Waipounamu, bringing sustenance to the people and reflecting the partnership’s founding principle of whanaungatanga. GENERAL COMMENTS The overrepresentation of tamariki Māori in State care continues to increase in Aotearoa with current child protection methods appearing to marginalise the most disadvantaged1. For many whānau, the fear and distrust of the welfare and justice system has significant impacts on parenting, on the...

10. [2019] NZSAAA 1 (4 February 2019) [pdf, 417 KB]

    ...Secretary on review to uphold StudyLink’s decision to decline the appellant’s application for an Independent Circumstances Grant (ICG) for the 2017 academic year. The issues on appeal [2] The main issue on appeal is whether the appellant’s ex-caregivers were “acting in place” of her biological parents at the time of her ICG application so as to bring them within the extended definition of “parent” in reg 2 of the Student Allowances Regulations 1998. If it is concluded th...