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1. BORA Coroners Bill [pdf, 21 KB]

   ...and a death is determined to have been self-inflicted only limited details can be published without the Coroner's permission. In the circumstances that the Coroner is able to grant permission to publish such details and given the interests of protecting the privacy of persons connected with the deceased such prior restraint on publication is a justifiable limit upon freedom of expression. 4.3 Clause 64 enables a coroner to prohibit publication of any evidence given at any part of th...

2. BORA Affiliate Te Arawa Iwi and Hapu Claims Settlement Bill [pdf, 201 KB]

   ...clauses in the Bill ousting the jurisdiction of courts and the Waitangi Tribunal (cll 13, 15 & 128) raise an issue about compliance with s 27(2) of the Bill of Rights. That section 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. Section 27(2) has been held to appl...

3. LCRO 101/2016 PL v OH (29 November 2018) [pdf, 92 KB]

   ...that Mrs PL is not Ms OH’s client. It is also noted that Mrs PL had her own representation throughout this transaction. [11] The Committee answered that issue in the following way:3 The professional obligations of a lawyer are to promote and protect the interests of their clients. There is no general professional duty on a lawyer towards a third party who is not a client. There are rules which impose duties on lawyers in the way they engage with unrepresented parties, but that has...

4. BORA Port Nicholson Block (Taranaki Whanui ki Te Upoko o Te Ika) Claims Settlement Bill [pdf, 283 KB]

   ...the redress provided under the deed or Act (cl 10(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.” 4. The term “determination of any tri...

5. BORA Policing (Storage of Youth Identifying Particulars) Amendment Bill [pdf, 290 KB]

   ...the identifying particulars of a person who is in the lawful custody of the Police if that person is detained for committing an offence. • The Ministry considered the taking of identifying particulars to be prima facie inconsistent with protection from unreasonable search and seizure in s 21 of the Bill of Rights Act because of the lack of judicial warrant or judicial oversight combined with the wide definition of identifying particulars. The Ministry concluded that the power...

6. BORA Rongowhakaata Claims Settlement Bill [pdf, 279 KB]

   ...of Rights Act. Any such limitation on s 27(2) would, however, be justified under s 5 of the Bill of Rights Act as a legitimate incident of the negotiated settlement of the claims. 6. In so far as the section could be said to limit reliance on the protection of the rights of minorities under s 20 of the Bill of Rights Act, it would be justified under s 5 on the same basis. 7. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 Fisheries Settlement, also a...

7. BORA Police Complaints Authority (Commission of Inquiry into Police Conduct) Amendment Bill [pdf, 271 KB]

   ...BORA rights might be thought to be relevant to the consistency of the Bill with BORA, viz, s 21 BORA (unreasonable search and seizure) and s 23(4) BORA (right to silence of detained person). In my view neither right is triggered. 5. Section 21 BORA protects everyone against unreasonable search and seizure. Unreasonable search and seizure extends to the forcible provision of information. However, s 21 BORA is not a general guarantee of privacy: see the references in the White Paper pp 103...

8. BORA Settlement Systems and Futures Bill [pdf, 296 KB]

   ...exchanges that operate both securities and futures markets. 3 The Bill is split into three parts. • Part 1 of the Bill amends the Reserve Bank Act 1989 to allow settlement systems operating in New Zealand to apply for designation and receive legal protections to support the integrity of the system. Part 1 names the Reserve Bank of New Zealand and the Securities Commission as the joint regulators of designated systems and outlines their functions and duties. • Part 2 of the Bill c...

9. BORA Regulatory Systems (Workforce) Amendment Bill [pdf, 275 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...

10. 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...