Ministry of Justice

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1. 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...

2. 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...

3. 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...

4. 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...

5. 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...

6. 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...

7. 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...

8. 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...

9. [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...

10. 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...