Search Results

1. 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...

2. 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...

3. 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...

4. 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...

5. 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...

6. 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...

7. 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...

8. 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...

9. 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...

10. 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...