Search Results

1. BORA Animal Products (Dairy Products and Other Matters) Bill [pdf, 80 KB]

   ...search and seizure. There are two limbs to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a “search or seizure”. Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are “unreasonable” in the circumstances. Power to examine 4. Section 88(1)(b)(i) of the Animal Products Act currently enables an animal product officer to remove documents or...

2. OWG v VJM [2012] NZIACDT 35 (29 June 2012) [pdf, 55 KB]

   ...comment on his professional practice. Mr VJM had consulted the judge in relation to professional issues, and Judge X knew many clients of Mr VJM. The 3 retired judge regarded Mr VJM as cautious in his practice, and that he would take care to consult and seek assistance in areas that were outside his experience and competence. The core of the complaint is that Mr VJM failed to do that in the present case. [14] In these circumstances I am satisfied the complaint should no...

3. BORA Support for Children in Hardship Bill [pdf, 288 KB]

   ...inconsistent. 12. We understand from MSD there is flexibility in how the work obligations in the Bill will be applied to beneficiaries. Work availability obligations are to be balanced with consideration of employment suitability, exemptions, and protections. Conclusion 13. We have concluded the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. Tania Warburton Acting Chief Legal Counsel Office of Legal Counsel Disclaimer In a...

4. 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...

5. 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 �...

6. 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...

7. BORA Central North Island Forests Land Collective Settlement Bill [pdf, 274 KB]

   ...claims, the deed of settlement or the Bill itself. 4. That exclusion may constitute a limit on the right to seek judicial review affirmed by s 27(2) of the Bill of Rights Act, which provides: "Every person whose rights, obligations or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination." 5. The term "determination...

8. BORA Ethical Investment (Crown Financial Institutions) Bill [pdf, 292 KB]

   ...the Guardians of New Zealand Superannuation and the Accident Compensation Corporation respectively. We have considered whether the reporting requirements in cls 7, 11 and 15 limit the right not to be compelled to provide certain information as protected by s 14 of the Bill of Rights Act. For an activity to fall within freedom of expression, the activity must attempt to express an idea or meaning. [2] The information that needs to be disclosed under these clauses relates to the extent...

9. 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...

10. BORA Crimes (Intimate Covert Filming) Amendment Bill [pdf, 288 KB]

    ...recording is made in good faith and is in relation to certain functions prescribed in the Bill (cl 3). Section 14 BORA Issue 7. These three new offences created by the Bill raise the issue of compliance with s 14 of the Bill of Rights. Section 14 protects the right to "freedom of expression, including the freedom to seek, receive and impart information and opinions of any kind and any form". 8. It is debateable whether criminalising intimate visual recording engages the Bill...