Search Results

1. Evidence-of-J-Lane-.pdf [pdf, 169 KB]

   ...credit this to the fact that they have been exposed to so many situations that they (and I) have learned to be brave and accepting of different situations. Getting out and experiencing different sights is vital to building resilience in both horse and human. The social interaction is beneficial for all. 20. The tracks I use are frequented by other road users and in one case, pass through a hillside paddock grazed by up to 7 other horses. The tracks are a variety of surfaces, but mostly...

2. BORA Te Tau Ihu Claims Settlement Bill [pdf, 297 KB]

   ...within the ambit of s 27(3) of the Bill of Rights Act, which protects procedural rights [4]. 14. To the extent that the rights affirmed by ss 20 and/or 27(2) are limited by the Bill, those limits are justified in terms of s 5. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 fisheries settlement as an incident of a negotiated settlement. The Committee found the exclusion was consistent with the analogous rights under arts 14(1) and 27 of the Internati...

3. BORA Crimes Amendment Bill No.5 [pdf, 94 KB]

   ...of the definition is family relationships. Accordingly, the section represents a prima facie infringement of the prohibition on discrimination based on "family status" (as defined in s 21(1)(l)(iv) and s 2(1)("relative") of the Human Rights Act 1993). There is disadvantage involved, in that engaging in consensual sexual activity with person X leaves another person (person Y) open to criminal prosecution if they are a close relative of X, whereas another person (person...

4. BORA Employment Relations Amendment Bill [pdf, 308 KB]

   ...section 5 of the Bill of Rights Act. Conclusion 22. 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 Adviser Bill of Rights/Human Rights Team Footnote 1 See Ministry of Transport (MOT) v Noort [1993] 3 NZLR 260; Moonen v Film and Literature Board of Review [2000] 2 NZLR 9; and Moonen v Film and Literature Board of Review [2002] 2 NZLR 754 and Supreme Cour...

5. [2018] NZLCDT 20 National Standards Committee v Young [pdf, 111 KB]

   ...need to obtain assistance rather than continue with the matter himself. [12] We accept the submissions of Mr Young’s counsel, in relation to the speech offending, that, unlike Mr Deliu3, Mr Young did not bring in other institutions such as the Human Rights Commission, the Judicial Conduct Commissioner, rather he made his comments in the course of exercising his appeal rights. Ms Donovan submitted, and we accept, that Mr Young did not attempt to express his views in a manner that...

6. Waitangi Tribunal Wai 2540 2.5.4 Department of Corrections and Reoffending Prisoners Claim [pdf, 605 KB]

   ...enter it tomorrow, next month or next year. If the applicant is correct then for those people and their family's there is imminent and perhaps irreversible prejudice. 35. I return to paragraph 5. The figures and percentages indicated and the human and social consequences, if the applicant is correct, are overpowering. There appears to be nowhere else than the Tribunal where the applicant can go to address the issue. I have before me approximately 2000 pages of submissions, affidavit...

7. Family-Court-Amendment-Rules-2022-Final.pdf [pdf, 314 KB]

   ...they can be relied on in the future, including to enforce court orders. 2 I N C O N F I D E N C E ak28gm7m17 2023-01-04 13:52:20 I N C O N F I D E N C E 11.2 the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 11.3 the principles and guidelines set out in the Privacy Act 2020; 11.4 relevant international standards and obligations; and 11.5 the Legislation Guidelines (2021 edition), which are maintained by the Legislation De...

8. [2022] NZACC 100–Phillips v ACC (25 May 2022) [pdf, 343 KB]

   ...amount of our work is building the capability of practice mentors and passing on our knowledge, skills and capability in order for them and the model to succeed. [28] She told the Court that in response, her manager replied by email advising her a Human Resource Representative would have answers to her questions by the end of the week. Later in the week, she said her manager requested that she attend a face to face meeting with her and the HR Representative. [29] She says that...

9. Supplementary Regulatory Impact Statement: Extending the duration limit of Police safety orders [pdf, 667 KB]

   ...incompatibility with the Government’s ‘Expectations for the design of regulatory systems’. The proposal can be considered incompatible with aspects of the Government’s ‘Expectations for the design of regulatory system’. The proposal will have human rights implications for individuals subject to PSOs. The proposal will affect individuals’ freedom of expression, freedom of association and freedom of movement. The proposal will also likely result in some unpredictable o...

10. [2018] NZEmpC 69 A Labour Inspector v Sampan Restaurant Ltd [pdf, 343 KB]

    ...occasions when a corporation may legitimately be fined; but no valid argument exists for imposing on a large corporation the sort of swinging fine that would be thought appropriate to an errant millionaire, treating the corporation as though it were a human being. For the punishment does not fall upon those who are really responsible. ... Where a company of which the offender and his wife were the sole shareholders was jointly charged with the offender, it was said to be app...