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1. BORA Unsolicited Electronic Messages Bill [pdf, 332 KB]

   ...Conclusion 34. For the reasons given above, 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 Senior Legal Advisor Bill of Rights / Human Rights Team CC Minister of Justice Minister of Information Technology Footnotes 1 R v Keegstra [1990] 3 SCR 697, 729, 826 2 Federated Farmers of New Zealand v New Zealand Post [1992] 3 NZBORR 339. 3 RJR MacDonald v Attorney...

2. BORA Major Events Management Bill [pdf, 330 KB]

   ...consistent with the Bill of Rights Act. In reaching this conclusion, we have given particular emphasis to the purpose of this legislation. Melanie Webb Manager, Ministerial Advice Office of Legal Counsel Margaret Dugdale Policy Manager Bill of Rights/Human Rights Team Cc Minister of Justice Minister for Economic Development Footnotes 1 R v Keegstra [1990] 3 SCR 697,729,826. 2 Irwin Toy Ltd v A-G (Quebec) (1989) 58 DLR (4th) 577 (SCC). 3 RJR-MacDonald Ltd v Attorney Gen...

3. Li & Gao v CAC 408 & Riley & Loughran [2016] NZREADT 31 [pdf, 146 KB]

   ...of Committees, with which jurisdiction to order discovery is consistent; (e) natural justice requirements, one element of which is that parties should have all relevant material to properly present and defend their case; and (f) decisions of the Human Rights Review Tribunal and the Lawyers and Conveyancers Disciplinary Tribunal, confirming discovery can be ordered under analogous provisions. [30] The Authority submits that we have jurisdiction to order discovery, but not for all of t...

4. BORA Broadcasting (Election Programmes and Election Advertising) Amendment Bill [pdf, 164 KB]

   ...expression? 12 See General Comment on the right to participate in public affairs, voting rights and the right of equal access to public service CCPR/C/21/Rev.1/Add.7, paras. 19 & 25 (United Nations Human Rights Committee); Bowman v United Kingdom (1998) 26 EHRR 1, [43] and Animal Defenders International v United Kingdom (App No 48876/08 (GC)) [106]-[112] (European Court of Human Rights); and Libman v Quebec (Attorney-General) [1997] 3...

5. Justice Matters - issue 10 - March 2018 [pdf, 3.3 MB]

   ...now more than ever, we need transformative change not silent support. Over the last 30 years, we’ve seen a shift in our justice system; one that’s predicated on crime, punishment, and targets. A justice system that has lost sight of what’s humane and effective for offenders, victims, and the public isn’t a system I want to lead, and not a system New Zealanders deserve. I was heartened to attend the launch of the Borrin Foundation last week. The Foundation was set up at the be...

6. TR Environmental Law Conference Judge Newhook Paper [pdf, 156 KB]

   ...to suggest that “one size doesn’t necessarily fit all”. While the Practice Note describes mediation work in the Court in quite some detail, there can of course be nuances in what happens in the mediation room. For instance, it is trite that human beings (yes, mediators are human beings!) might bring differences of personal style despite all having received the same training. Furthermore, all cases are different; the issues in dispute are different; the parties are different; so...

7. BORA Eden Park Trust Amendment Bill [pdf, 253 KB]

   ...of the 2011 Rugby World Cup. INCONSISTENCY WITH SECTION 19(1) OF THE BILL OF RIGHTS ACT 5. Section 19(1) of the Bill of Rights Act provides: ‘Everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993.’ 6. Section 21 of the Human Rights Act 1993 specifies the prohibited grounds of discrimination. These grounds include, inter alia, ‘disability’ which includes: • physical disability or impairment • physi...

8. BORA Corrections Amendment Bill (No 2) [pdf, 325 KB]

   ...with the legitimate communications outside prison boundaries is remote. Freedom from Discrimination 18. Section 19 of the Bill of Rights Act affirms the right of everyone to freedom from discrimination on the grounds set out in section 21 of the Human Rights Act 1993, including religious belief. 19. The Bill amends section 79 of the Act to ensure that section 129(a) (which forbids the consumption of alcohol by prisoners other on medical grounds) does not operate to prohibit the con...

9. BORA Social Security (Benefit Categories and Work Focus) Amendment Bill [pdf, 396 KB]

   ...cancellation of the benefit. Restriction on freedom from discrimination (s 19(1) Bill of Rights Act) 13. Section 19 of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the prohibited grounds in s 21 of the Human Rights Act 1993. The grounds of discrimination under the Human Rights Act include employment status, which includes being on a benefit. 14. In assessing whether there is a limit on the right to freedom from discrimination we cons...

10. BORA Manukau City Council (Control of Graffiti) Bill [pdf, 322 KB]

    ...Discrimination 9. Clause 7 of the Bill makes it an offence to sell spray paint to a minor. The Bill defines a 'minor' as a person who is under the age of 18 years. 10. Section 19(1) of the Bill of Rights Act and section 21(1)(i) of the Human Rights Act 1993 provide that everyone has the right to freedom from discrimination on the grounds of age, commencing at the age of 16 years. The determination of whether a provision is discriminatory depends on whether: a. the legislatio...