Search Results

1. BORA Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Bill [pdf, 278 KB]

   ...warrant without undue delay. Section 103(7) clarifies that such a condition does not require a person to give any information tending to incriminate that person. 8. In excluding the application of s 103(7), the Bill could appear remove the protection against self-incrimination provided by that section. However, s 103(7) only applies in respect of the obligation imposed under s 103(3)(b)(ii), the application of which is also excluded by cl 110. We have therefore concluded that cl...

2. BORA Statutes Amendment Bill [pdf, 382 KB]

   ...• Valuers Act 1948 Ministry of Agriculture and Fisheries • Animal Welfare Act 1999 • Biosecurity Act 1993 • Diary Industry Restructuring Act 2001 • Forests Act 1949 Ministry of Culture and Heritage • Flags, Emblems, and Names Protections Act 1981 Ministry of Economic Development • Commerce Act 1986 • Incorporated Societies Act 1908 • Personal Properties Securities Act 1999 • Radiocommunications Act 1989 • Receiverships Act 1993 • Trade Marks Act 200...

3. BORA Nga Rohe Moana o Nga Hapu o Ngati Porou Bill [pdf, 202 KB]

   ...Subpart 4 appears to create no greater limitation on public access than currently exists. Section 27(2)– The Right to Judicial Review 6. Section 27(2) of the Bill of Rights Act 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.” 7. Clause 108 excludes the jurisdict...

4. BORA Regulatory Systems (Workforce) Amendment Bill (No 2) [pdf, 224 KB]

   ...7. Part 2 amends the Holidays Act 2003 to clarify that penalties for failure to comply with provisions of that Act apply to persons who are involved in the failure to comply as well as employers. 8. Part 3 amends the Parental Leave and Employment Protection Act 1987. It extends the definition of ‘primary carer’ to include a spouse or partner who takes on permanent primary responsibility for the care, development and upbringing of a child under 12 months old, in situations where the b...

5. [2023] NZIACDT 15 - TC v MacLeod (1 May 2023) [pdf, 136 KB]

   ...complainant and his family. It incorporated a business plan (BP). Immigration New Zealand (Immigration NZ) declined the residence visa on 29 September 2016 as it was not satisfied the business was trading profitably. An appeal to the Immigration and Protection Tribunal was declined on 13 July 2017. [8] On 17 January 2019, a second entrepreneur residence application was filed on behalf of the complainant and his family. Immigration NZ sent a letter to Mr MacLeod on 30 September...

6. BORA Ngaa Rauru Kiitahi Claims Settlement Bill [pdf, 79 KB]

   ...be justified in terms of s 5. My conclusion that there is no prima facie breach of s 27(2) is based on the wording of that section. 6. Section 27(2) of the Bill of Rights provides that: "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." 7. There are two reasons why there is...

7. BORA Ngāti Whātua Ōrākei Claims Settlement Bill [pdf, 289 KB]

   ...under the Bill. 4. Further, even if the conferral of assets or rights on Ngāti Whātua Ōrākei and not other people did amount to differential treatment for the purposes of s 19, they do not result in the type of disadvantage that s 19 aims to protect against. That is, disadvantage arising from prejudice and negative stereotyping that perpetuates legal, social or political disadvantage faced by a marginalised group in our society. Privative clause 5. The Bill provides in cl 13 that...

8. BORA Trade (Safeguard Measures) Bill [pdf, 212 KB]

   ...is to enable New Zealand to apply safeguard measures at its border in accordance with the Agreement establishing the World Trade Organisation. Safeguards are temporary measures, usually in the form of a duty, in order to: • a) provide temporary protection to a domestic industry from serious injury caused by increased imports; and • b) facilitate adjustment by a domestic industry to increased competition from increased imports. 4. The Bill: • includes matters that must be consi...

9. DL Ltd v VO [2016] NZDT 952 (17 June 2016) [pdf, 88 KB]

   ...agreement and at law. I will determine this on balance based on the evidence before me. [10] At law DL Limited: a. Must “use all reasonable efforts to obtain the best price” (if the Credit (Repossession) Act applies) or “take reasonable care to obtain the best price reasonable obtainable for the goods as at the time of the sale” (if the Credit Contracts and Consumer Finance Act applies). Because the consumer credit agreement was entered into before 6 June 20...

10. BORA New Zealand Security Intelligence Services Amendment Bill [pdf, 215 KB]

    ...authority given to the Security Intelligence Service to use modern technology in the performance of its functions • enhance the responsiveness of the Service by streamlining the requirements for the issue of warrants • clarify the nature of the protection from liability given to persons executing warrants issued under the Act. The Bill also renames interception warrants as intelligence warrants, and a number of amendments are made as a consequence. UNREASONABLE SEARCH AND SEIZUR...