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1. BORA Oaths Modernisation Bill [pdf, 290 KB]

   ...alternative administrative ceremony which the witness considers binding. In particular, the presence of the option of swearing an oath on the Bible was challenged on the basis that it infringed the right to freedom of religion, conscience and belief protected by s 2(a) of the Charter of Rights and Freedoms. 14. The Court held that the inclusiveness of the legislation (i.e. the availability of affirmation or other ceremonies to bind the witness): "…need to be seen as an attempt...

2. BORA Greater Christchurch Regeneration Bill [pdf, 288 KB]

   ...carried out or because those areas are hazardous. This purpose is sufficiently important to justify some kind of limitation on the right. There is a rational connection between restricting access to areas, buildings, public places, and roads and protecting the public from the hazards resulting from earthquake damage. 12. In assessing whether the limitations in each of clauses 48(3), 50 and 54-55 impair the right no more than is reasonably necessary, and are proportionately connected to...

3. BORA Ngāti Manawa and Ngāti Whare Claims Settlement Bill [pdf, 290 KB]

   ...have those heard according to law in the same way as civil proceedings between individuals. However, both cll 36 and 174 affect the substantive law. Accordingly, in my view they do not fall within the ambit of s 27(3) of the Bill of Rights, which protects procedural rights. Whether s 19 at issue 9. The Bill provides for the transfer of various assets to claimants and for claimants (and other Maori) to have rights which are not conferred on other people. For example claimants have...

4. BORA Victims’ Orders Against Violent Offenders Bill [pdf, 216 KB]

   ...circumstances justified. 6 7.When considering an application for an order, courts would be subject to the Bill of Rights Act.7 They would therefore be obliged to ensure proportionality between the limitation of the offender’s rights and the protection of the victim, including that the order’s conditions and duration are tailored to the specific circumstances of the case.8 8.Finally, courts would be able vary or discharge an order, including on application by the offender.9...

5. BORA Hineuru Claims Settlement Bill [pdf, 288 KB]

   ...Director-General of Conservation and the trustees of the Te Kopere o te iwi o Hineuru Trust to enter into Te Kawenata, being a partnership agreement, the issue of protocols; statutory acknowledgment and deeds of recognition; the application and implementation of protection principles for a Te Korowai o Te Hā area, the substitution of official geographic names, the appointment of an advisory committee in relation to the Mohaka River, appointments to the membership of the Rangitaiki River f...

6. BORA Prohibition of Gang Insignia in Government Premises Bill [pdf, 292 KB]

   ...which includes the freedom to seek, receive, and impart information and opinions of any kind and in any form. The right is as wide as human thought and imagination.[1] 6. Gang insignia can be considered a form of expression and may fall under the protection of s 14 of the Bill of Rights Act. Gang insignia is, however, at the lower end of protected expression as it is associated with intimidation and criminal activity.[2] Is this a justified limit under s 5 of the Bill of Rights Ac...

7. BORA Arbitration Amendment Bill [pdf, 358 KB]

   ...disclosed; and (b) The disclosure is no more than what is reasonably required to serve the other considerations referred to in paragraph (a). 8. The rule prohibiting disclosure amounts to a prima facie breach of the right to freedom of expression protected by s 14 of the Bill of Rights Act. 9. While parties must agree to engage in the arbitration process and therefore to be bound by the implied confidentiality term, that agreement is made at a time when it is not possible for the part...

8. BORA Financial Services Legislation Amendment Bill [pdf, 174 KB]

   ...of the Bill is to ensure that financial services are provided in a way which promotes the confident and informed participation of businesses, investors, and consumers. To achieve this, the Bill makes amendments to ensure that the conduct and client-care obligations of financial service providers and the regulation of financial markets remain fit for purpose. Consistency of the Bill with the Bill of Rights Act Section 14 – Freedom of Expression 5. Section 14 of the Bill of Rights Act...

9. BORA Ngati Tuwharetoa (Bay of Plenty) Claims Settlement Bill [pdf, 78 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...

10. Parenting Through Separation Operating Guidelines 1 July 2018 [pdf, 286 KB]

    ............................................................................................................ 18 Contents 1 About out of court services The Ministry funds various community-based services to help people reach agreement on parenting issues without going to court. The disputes are primarily about day to day care and contact, or guardianship matters arising under the Care of Children Act 2004 (CoCA 2004). Services include: Family Legal Advice Service (FL...