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1. BORA Future Directions (Working for Families) Bill [pdf, 217 KB]

   ...BILL OF RIGHTS ACT 16. The Bill gives rise to prima facie issues of inconsistency with section 19(1) of the Bill of Rights Act. Section 19(1) provides: Everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993. 17. In assessing whether discrimination under section 19 exists, we consider that the key questions are: i. Does the legislation draw a distinction based on one of the prohibited grounds of discrimination? and if so,...

2. 2021-10-04 Minute - PC7 - Community Water Supplies - TAs [pdf, 495 KB]

   ...Authority; and (h) review conditions; and (i) compliance monitoring; and (j) the point and method of measurement and the method for transmitting recorded data to Council. 4 In this rule drinking water means water intended to be used for human consumption, including water intended to be used for food preparation, utensil washing, and oral or other personal hygiene. 5 Schedule X Community Water Supplies Infrastructure Approximate Location Central Otago District...

3. BORA New Zealand Geographic Board (Ngā Pou Taunaha O Aotearoa) Bill [pdf, 377 KB]

   ...have concluded that clause 32 does not limit the freedom of expression. Section 19(1): Freedom from Discrimination 7. Section 19(1) of the Bill of Rights Act affirms the freedom from discrimination on prohibited grounds set out section 21 of the Human Rights Act 1993 including race and ethnic origins. In our view, taking into account the various domestic and overseas judicial pronouncements as to the meaning of discrimination, the key questions in assessing whether discrimination under...

4. TB & UB v HF [2023] NZDT 307 (8 June 2023) [pdf, 113 KB]

   ...to persevere with the puppy’s treatment, were probably facing the prospect of veterinary costs of several thousands of dollars. 11) The applicants’ decision to euthanise the puppy was, in my view, understandable, justified, and, above all, humane. In real and practical terms, I believe the applicants had little, if any option. 12) Having found that the puppy was not of ‘acceptable quality,’ the applicants are entitled to compensation. The scheme of remedies in sections 16-...

5. BI v U Ltd [2022] NZDT 142 (5 August 2022) [pdf, 101 KB]

   ...his car was gone. 6. BI admitted that his statements differed and that was misleading and apologised profusely for doing so. He said this was to avoid extreme embarrassment in front of his employees. He says he made a mistake, and that is only human. 7. In his Police statement dated 12 April 2016, BI says: a. On 13th – 14th March 2016 I lent the car to a woman (S) that he had known for 6 months while she was visiting from [City]. She did not return it when she was supposed to....

6. 2022-03-10-Minute-as-to-access-to-manifesto-and-footage.pdf [pdf, 167 KB]

   ...condition that no copy of it or any part of it is to be made. The complete Manifesto must be returned to Police at the conclusion of the viewing; iv. All reasonable steps will be taken to ensure that any viewing is arranged and conducted in a humane and supportive manner. [6] At the same time, I also sought an exemption to allow me, counsel assisting me, appointed standby counsel, those with status as Interested Parties in the coronial inquiry, their counsel and appropriate suppor...

7. Overview for interpreters about common jurisdictions in the Courts and Tribunals [pdf, 184 KB]

   ...of the Māori Land Court is to provide a court service for owners of Māori land, their whānau and their hapū which not only promotes the retention and use of Māori land but also facilitates the occupation, development, and use of that land. Human Rights Review Tribunal This tribunal hears claims relating to breaches to the Human Rights Act 1993, Privacy At 2020, and the Health and Disability Commissioner Act 1994. Complaints must be made to the respective commissions before matter...

8. Further considerations for supervision of offenders deported to New Zealand [pdf, 189 KB]

   ...aware of compelling evidence that fewer DNA collections from deported offenders will have a detrimental impact on public safety. 7. We also consider that it is preferable to draw a single ‘bright line’ test, particularly given the significant human rights implications. 8. The Attorney-General found the Criminal Investigations (Bodily Samples) Amendment Act 2009, which expanded Police powers to take DNA without consent, was inconsistent with the New Zealand Bill of Rights Act 1990....

9. ENV-2017-AKL-000119 Federated Farmers of New Zealand v Auckland Council [pdf, 2.5 MB]

   ...the RMA, no further evaluation has been carried out in respect of the changes that have been made to the proposed plan by way of the decision. (e) The High Court has expressed a "tentative view" that " ... discharges [of GMOs] via human waste were not the type of release specifically intended to be caught by [Auckland Unitary Plan Rule E37.4.1] A6 ... " (emphasis added).3 Four matters arise: (i) The EPA specifically provides authorisation for the release of GMOs &q...

10. [2020] NZEmpC 238 Neil v New Zealand Nurses Organisation [pdf, 211 KB]

    ...v Auckland Council [2013] NZEmpC 76, [2013] ERNZ 492 at [51]. 2 Evidence Act 2006, s 57(2B)(a). (c) Section 110A(1)(c) of the Act; (d) Section 57(2B)(b) of the Evidence Act; and (e) Section 57(3)(d) of the Evidence Act; (f) the Human Rights Act 1993; and (g) the New Zealand Bill of Rights Act 1990. [12] The Court has jurisdiction to strike out all or part of a pleading. The criteria to be applied are well known.3 [13] Essentially, as set out above, the defendant...