Search Results

1. BORA Waikato-Tainui Raupatu Claims (Waikato River) Settlement Bill [pdf, 289 KB]

   ...practise the religion, or to use the language, of that minority.” 6. Once again, however, any such limitation can be seen as justified as an incident of the negotiated settlement of the claims. 7. In particular, I note that the United Nations Human Rights Committee upheld a similar exclusion under the 1992 Fisheries Settlement as consistent with the right of access to the courts as affirmed by art 14(1) of the International Covenant on Civil and Political Rights and with art 27, whi...

2. BORA International Non-Aggression and Lawful Use of Force Bill [pdf, 388 KB]

   ...INCONSISTENCIES WITH THE BILL OF RIGHTS ACT Section 19(1): Freedom from Discrimination 7. Section 19(1) of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the prohibited grounds of discrimination in the Human Rights Act 1993. Those grounds include ethnic or national origins (including nationality or citizenship). 8. In assessing whether a Bill gives rise to possible discrimination we consider whether the Bill draws a distinction on one of...

3. [2019] NZEmpC 156 Radford v Chief of New Zealand Defence Force [pdf, 388 KB]

   ...between the Chief of the New Zealand Defence Force and a person in Ms Radford’s situation. [5] The Ministry of Foreign Affairs and Trade (MFAT) now seeks leave to appear and be heard in the proceeding. [6] John Saunders (Divisional Manager, Human Resources Group at MFAT) states that the organisation employs 1,500 staff worldwide. Approximately 850 are employed in MFAT’s overseas posts. Of these, approximately 300 are staff seconded from Wellington and the remaining 550 a...

4. HC v T Ltd [2022] NZDT 214 (14 November 2022) [pdf, 106 KB]

   ...goods must be fit for any particular purpose made known by the consumer expressly or by implication and for the purpose for which supplier represents that they are or will be fit. 8. HC’s position is that a T Ltd branded Smart watch worn on a human wrist and used for sporting activities, represented by the manufacturer as suitable for swimming, ought to have lasted longer than 3 years, and so it is not durable and it has failed in its fitness for purpose. 9. While I accept t...

5. Anti-Money-Laundering-and-Countering-Finance-of-Terrorism2.pdf [pdf, 1 MB]

   ...Transportation of Cash) Amendment Regulations 2022. Compliance 10. The Order in Council complies with each of the following: a. the principles of the Treaty of Waitangi; b. the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 or the Human Rights Act 1993; c. the principles and guidelines set out in the Privacy Act 2020 d. relevant international standards and obligations; e. the Legislation Guidelines (2021 edition), which are maintained by the Legislation Design...

6. BORA Waitaha Claims Settlement Bill [pdf, 286 KB]

   ...settlement of the claims. 7. In so far as the section could be said to limit reliance on the protection of the rights of minorities under s 20 of the Bill of Rights Act, it would be justified under s 5 on the same basis. 8. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 Fisheries Settlement, also 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 Covenant...

7. BORA Kaikoura (Te Tai ō Marokura) Marine Management Bill [pdf, 277 KB]

   ...that the possession of certain marine and aquatic life in excess of the daily limit was not taken in breach of the regulations or prove that breaches against restrictions imposed for sanctuaries took place in order to preserve, protect or maintain human life, than for the Crown to prove the opposite. c)The court retains the discretion to impose a lower penalty than the maximum prescribed in the Bill. 10.We also note that the maximum penalty of five years’ imprisonment is only available...

8. Maniapoto Claims Settlement Bill [PDF, 1.1 MB]

   ...limit a claimant's minority rights under s 20 of the Bill of Rights Act, this would be justified on the same basis. 111/nt.-o I...,t~1111 l...1it11itd v A110,.,1ry-Gc11cml 1200111 NZLR 40 (I IC). <,58.)626_3 3 9. 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 nf the International Covenant on Civil and Political Rights, which are comparable to...

9. BORA Local Government (Auckland) Bill [pdf, 132 KB]

   ...to the Minister of Justice. We also attach a copy for referral to the Minister of Internal Affairs, if you agree. Allison Bennett Principal Legal Adviser Office of Legal Counsel Boris van Beusekom Senior Legal Adviser Bill of Rights/Human Rights Team CC: Minister of Justice Minister of Internal Affairs In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine...

10. BORA Ngāti Manawa and Ngāti Whare Claims Settlement Bill [pdf, 290 KB]

    ...claims. 5. Similarly, in so 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, [7] it would likewise be justified under s 5 on the same basis. 6. 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...