Search Results

1. BORA Te Hiku Claims Settlement Bill [pdf, 280 KB]

   ...Bill of Rights Act. 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. 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 of Civil and Political Rights, which are comparable...

2. [2007] NZEmpC CC 20/07 O'Flynn v Southland DHB [pdf, 73 KB]

   ...unjustified dismissal. Particulars are only sought in relation to the breach of contract. Materially, the plaintiff pleads that: • He had raised concerns about workplace health. • There were internal deficiencies in the administration of human resources. He was entitled to but did not receive clinical support or accurate and timely information about key risks and problems including about another psychiatrist, Dr Fisher. • The defendant failed to respond to serious underst...

3. [2011] NZEmpC 79 Simich and Others v Air NZ second interlocutory [pdf, 60 KB]

   ...territorial limits to the extent that the difference purports to apply a more liberal, or lesser, standard than 2.1.10.1. [13] This relates to the extent to which the defendant may have been entitled in law to „accommodate‟ (using this word in the human rights discrimination sense) the plaintiffs by continuing to use them as operational B747-type captains. The „difference‟ filed by New Zealand in respect of that international convention will, as a matter of law, and on the...

4. BORA Local Government Freedom of Access Amendment Bill section 7 report [pdf, 155 KB]

   ...of a local authority. Inconsistency with s 22 (liberty of the person) 5. Section 22 of the Bill of Rights Act affirms that everyone has the right not to be arbitrarily arrested or detained. The right not to be arbitrarily detained protects human dignity, autonomy and liberty. 1 6. Detention is arbitrary if it is “capricious, unreasoned, without reasonable cause: if it is made without reference to an adequate determining principle or without following proper procedures.” 2...

5. Proposals against incitement of hatred and discrimination - summary document - Simplified Chinese [pdf, 390 KB]

   ...政府希望您（提交）的反馈意见有助于决定是否进行拟议的修改、是否修改其某些部分、或 者是否采用其他行动方案。 提交时间为 2021 年 6 月 25 日至 8 月 6 日。 您可以通过 Citizen Space 网站 https://consultations.justice.govt.nz、发送电子邮件至 humanrights@justice.govt.nz、或邮 寄至 Human Rights，Ministry of Justice，SX10088，Wellington 的方式，提交您的反馈意 见。 如需有关提交程序的更�...

6. Nelson Standards Committee v Downing and Reith [2022] NZLCDT 21 (27 June 2022) [pdf, 192 KB]

   ...to damage to dignitary interests are complex and very important. Remedies scholars (and increasingly courts) rightly see this as a particularly important and developing area of the law, which invokes a recognition of the fundamental importance of human dignity as perhaps the legal value in the 21st century.10 [26] The Tribunal adopts the following principles as providing helpful guidance for compensatory awards under the Act. • There must be a causal connection between the action o...

7. [2023] NZEnvC 145 Manawa Energy v Marlborough District Council [pdf, 504 KB]

   ...2013 to the Plan as a document incorporated by reference. Appendix 1 Chapter 25 – Definitions 4. Add a new definition of horticultural land use, as follows: Horticultural land use means the use of land to grow food or beverage crops for human consumption (other than arable crops), or flowers for commercial supply. 5. Add a new definition of arable land use, as follows: Arable land use means the use of land to grow any of the following crops for harvest: a) Grain cereal, le...

8. BORA Ngati Hinerangi Claims Settlement Bill [pdf, 87 KB]

   ...negotiated settlement of claims. 7. To the extent the exclusion of subsequent challenge could be said to limit a claimant’s minority rights under s 20 of the Bill of Rights Act, this would be justified on the same basis. 8. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 Fisheries Settlement. The Committee found the exclusion was consistent with articles 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to...

9. ENVC Hearing 27Jul15 AC suppl evidence Kala Sivaguru [pdf, 111 KB]

   ...the threat classification system. NZCPS Policy 11 also requires the avoidance of adverse effects on at risk species. 10. While I agree that the nesting sites identified by Ms Fitchett fall outside the proposed decking area, disturbance from human and boat activity would increase in the Bay due to the Marina proposal. This would cause some level of disturbance to blue penguins' use around the Bay. I also consider it is relevant to record that, of the two locations referred t...

10. Proposals against incitement of hatred and discrimination - summary document - Traditional Chinese [pdf, 581 KB]

    ...政府希望獲得您的反饋（提出意見）來幫助決定是否要進行提案中的修訂、進行部分修訂， 或採取不同的行動方案。 意見提出的開放時間為 2021 年 6 月 25 日至 8 月 6 日 您可以在 Citizen Space 網站 https://consultations.justice.govt.nz ，或透過發送電子郵件至 humanrights@justice.govt.nz，或透過郵寄至 Human Rights, Ministry of Justice, SX10088, Wellington 提出您的意見。 關於匿名及個人資訊等�...