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1. BORA Sentencing (Protection of Children Criminal Offending) Amendment Bill [pdf, 288 KB]

   ...illness or injury (‘the new aggravating factor’). Consistency with the right to freedom from discrimination 4.Section 19(1) of the Bill of Rights Act affirms the right of everyone to be free from discrimination on the grounds set out in the Human Rights Act 1993. The grounds of discrimination are set out in s 21 of that Act, and include age (commencing at 16 years of age). 5.A provision may limit the right to freedom from discrimination where: a.it draws a distinction on one o...

2. [2021] NZEmpC 59 Humphrey v Canterbury District Health Board [pdf, 242 KB]

   ...dismissed) is that the option identified in the Toogood report (namely the DHB bringing in professional support and assistance to try to rebuild the damaged relationships) has yet to be explored. The view expressed by a member of the DHB’s Human Resources team, that the relationship breakdown is too far gone, is based on a reading of the affidavit evidence filed by a number of colleagues who did not have the opportunity to reflect on the Toogood report’s findings; and which appe...

3. BORA Maungaharuru-Tangitū Hapū Claims Settlement Bill [pdf, 286 KB]

   ...Rights Act. Excluding subsequent challenge is a legitimate incident of the negotiated settlement of claims. 8. Any limit on minority rights under section 20 of the Bill of Rights Act would be justified on the same basis. 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 articles 14 and 27 of the International Covenant on Civil and Political Rights, which are comparabl...

4. BORA Overseas Investment (Owning Our Own Rural Land) Amendment Bill [pdf, 274 KB]

   ...Consistency of the Bill with the Bill of Rights Act Section 19 – Freedom from discrimination 6.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. 7.The Bill increases the restrictions on “overseas persons” investing in 5 hectares or...

5. BORA Ngāti Whātua Ōrākei Claims Settlement Bill [pdf, 289 KB]

   ...of Rights Act. Excluding subsequent challenge is a legitimate incident of the negotiated settlement of claims. 7. Any limit on minority rights under s 20 of the Bill of Rights Act would be justified on the same basis [5]. 8. 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...

6. BORA Tribunals Powers and Procedures Legislation Bill [pdf, 187 KB]

   ...the minor and technical kind, but some are more substantial. The amendments affect the following tribunals/authorities: 3.1 Copyright Tribunal; 3.2 Customs Appeal Authority; 3.3 Disputes Tribunal; 3.4 Student Allowance Appeal Authority; 3.5 Human Rights Review Tribunal; 3.6 Immigration and Protection Tribunal; 3.7 Immigration Advisers Complaints and Disciplinary Tribunal; 3.8 Legal Complaints Review Officer; 3.9 New Zealand Lawyers and Conveyancers Disciplinary Tribunal; 3...

7. BORA Telecommunications Amendment Bill [pdf, 370 KB]

   ...parties. CONCLUSION 18. We have concluded that the Bill is consistent with the rights and freedoms contained in the Bill of Rights Act. Jeff Orr Chief Legal Counsel Office of Legal Counsel Margaret Dugdale Policy Manager, Bill of Rights/Human Rights Public Law Group Footnotes 1 Irwin Toy Ltd v Attorney-General (Quebec) [1989] 1 SCR 927, 968 2 Slaight Communications v Davidson 59 DLR (4th) 416; Wooley v Maynard 430 US 705 (1977). 3 In applying section 5, the Ministry...

8. [2019] NZEmpC 105 Chief Executive of Manukau Institute of Technology v Zivaljevic [pdf, 217 KB]

   ...in the common bundle. No objection was taken by MIT to that application and it is granted. [4] Second, Mr Zivaljevic has applied to exclude evidence. He objects to the evidence proposed to be given by Ms Kirsten Sargent, who is MIT’s Head of Human Resources, People and Culture, in its entirety. He also objects to four documents that are currently included in the common bundle. These documents comprise email threads between Mr Zivaljevic and MIT after the termination of his emp...

9. E50 Myfanwy Eaves - Historic Heritage - EIC - Council [pdf, 809 KB]

   ...does not do this. 8.12 The AUP definition of 'archaeological site' is aligned with the definition used in the Heritage NZPTA 201415. This alignment "fixes" the time of an archaeological site to pre-1900 places with evidence of human activity. This means discussion of archaeological sites can only refer to pre-1900 locations and excludes, in totality, the entire Application area (reclamation) and any reference to such places in other parts, such as the accidental...

10. Review of the Firearms Registry - Terms of Reference [pdf, 198 KB]

    ...items)4 • the Registry is simple and easy for end-users to understand and apply as well as any impact it is having on firearms licence holders • the Registry and its associated processes are consistent with the rights and freedoms under NZ human rights framework • the security and privacy of personal information in the Registry is appropriate • the Registry is or will contribute towards delivering public safety benefits in a cost effective and efficient way • firearms...