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1. [2022] NZEnvC 6 Otago Regional Council - Primary Sector Provisions (Rural) [pdf, 3.3 MB]

   ...7.D.5 When considering any discharge under section 12.C, including the duration of any consent, have regard to: (a) The effects, including cumulative effects, of the discharge on water quality, ecosystem health and natural and human use values, including Kāi Tahu cultural and spiritual beliefs, values and uses; and (b) The physical characteristics and any particular sensitivity of the land and the sensitivity of the any receiving water; and (c) The quality and...

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

   ...guilty. CONCLUSION 17 We have concluded that the Bill appears to be consistent with the rights and freedoms contained in the Bill of Rights Act. Michael Petherick Manager, Ministerial Advice Office of Legal Counsel Stuart Beresford Manager Human Rights/Bill of Rights Team Footnotes 1 New Zealand Stock Exhchange v. Commissioner of Inland Revenue [1992] 3 NZLR 1 (PC). In addition to the general disclaimer for all documents on this website, please note the following: Thi...

3. BORA Fisheries (Foreign Charter Vessels and Other Matters) Amendment Bill [pdf, 286 KB]

   ...that any limitation is justified. Section 19(1) (freedom from discrimination) 14. Section 19(1) of the Bill of Rights Act provides that everyone has the right to freedom from discrimination on the prohibited grounds of discrimination in the Human Rights Act 1993. The prohibited grounds of discrimination include ethnic or national origin, which includes nationality or citizenship. 15. From 1 May 2016, the Bill prevents non-citizens who are not entitled to reside in New Zealand...

4. BORA Domestic Violence Enhancing Safety Bill [pdf, 281 KB]

   ...relationship. This provision may appear to raise an issue under the right of non- discrimination on the grounds of age in ss 19(1) of the Bill of Rights Act. Age is defined as "any age commencing with the age of 16 years" by s 21(1)(i) of the Human Rights Act 1993. 14. However, the different treatment reflects the availability of similar, but specifically designed, protective measures for 16-year olds, such as the power of removal of young persons at risk of harming themselves or...

5. BORA Financial Service Providers (Registration and Dispute Resolution) Bill [pdf, 308 KB]

   ...than a power of entry.[5] CONCLUSION 16. Overall, we have concluded that the Bill appears to be consistent with the Bill of Rights Act. Jeff Orr Chief Legal Counsel Office of Legal Counsel Stuart Beresford Acting Manager, Bill of Rights/Human Rights Public Law Footnotes 1 In applying section 5, we have had regard to the guidelines set out by the Court of Appeal in Ministry of Transport (MOT) v Noort [1993] 3 NZLR 260; Moonen v Film and Literature Board of Review [2000] 2 N...

6. BORA Vehicle Confiscation and Seizure Bill [pdf, 284 KB]

   ...applied R v Smith [1987] 1 SCR 1045, 1070 and R v Latimer [2001] 1 SCR 3, [77] 2. See, for example, Belcher v Chief Executive of the Department of Corrections [2007] 1 NZLR 507, [35]ff, and, more broadly, R Clayton & H Tomlinson (eds) The Law of Human Rights (2ed: Oxford, 2009)[11.30]ff and [11.358]ff. 3. See A Butler & P Butler The New Zealand Bill of Rights Act: A Commentary (LexisNexis, 2005), [21.6.4] and also Air Canada v The United Kingdom 20 EHRR 150. In additio...

7. BORA Ngāti Manuhiri Claims Settlement Bill [pdf, 286 KB]

   ...Rights Act [4]. Excluding subsequent challenge is a legitimate incident of the negotiated settlement of claims. 8. Any limit on minority rights under s 20 of the Bill of Rights Act would be justified on the same basis [5]. 9. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 fisheries settlement. The Committee found that the exclusion was consistent with arts 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to...

8. Cunliffe & Cunliffe v Helensville Primary School Board of Trustees [2024] NZHRRT 4 [pdf, 219 KB]

   ...Primary School (the School) for six years. In their final two years at the School Mr and Ms Cunliffe made several 1 This decision is to be cited as Cunliffe & Cunliffe v Helensville Primary School Board of Trustees [2024] NZHRRT 4. IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2024] NZHRRT 4 I TE TARAIPIUNARA MANA TANGATA 2 information privacy requests to the Helensville Primary School Board of Trustees (the Board) following a complaint they had made to the Board. [2] The Boar...

9. BORA Ngāti Apa (North Island) Claims Settlement Bill [pdf, 277 KB]

   ...far as the exclusion of subsequent challenge could be said to limit the claimant's rights under s 20 of the Bill of Rights Act [3], it would likewise be justified under s 5 on the same basis. 6. In particular, I note that the United Nations Human Rights Committee upheld a similar exclusion under the 1992 Fisheries Settlement, which was similarly an incident of a negotiated settlement, as consistent with the right of access to the courts as affirmed by art 14(1) of the International...

10. BORA Civil Aviation Amendment Bill [pdf, 20 KB]

    ...accordance with your instructions, we attach a copy of this opinion for referral to the Minister of Justice. A copy is also attached for referral to the Associate Minister of Transport, if you agree. Boris van Beusekom Legal Adviser Bill of Rights/Human Rights Team Val Sim Chief Legal Counsel Office of Legal Counsel cc Minister of Justice Associate Minister of Transport Disclaimer In addition to the general disclaimer for all documents on this website, please note the follow...