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1. 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...

2. BORA Ngāruahine Claims Settlement Bill [pdf, 274 KB]

   ...negotiated settlement of claims. 6. 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. 7. 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 of Civil and Political Rights, which are comparable to...

3. BORA Hineuru Claims Settlement Bill [pdf, 288 KB]

   ...negotiated settlement of claims. 6. 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. 7. 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 of Civil and Political Rights, which are comparable to s...

4. BORA Land Transfer (Tax Information) Bill [pdf, 287 KB]

   ...people. Consistency of the Bill with the Bill of Rights Act Section 14 – Freedom of expression 8. Section 14 of the Bill of Rights Act affirms that everyone has the right to freedom of expression. The freedom of expression is “as wide as human thought and imagination” [1] and includes any activity which conveys or attempts to convey a meaning. [2] 9. The freedom of expression also includes the right to say nothing or the right not to say certain things. [3] Clause 4 insert...

5. BORA Ngā Hapū o Ngāti Ranginui Claims Settlement Bill [pdf, 282 KB]

   ...challenges is a legitimate incident of the negotiated settlement of claims. To the extent exclusion of subsequent challenges could be said to limit a claimant’s minority rights under s 20, this would be justified on the same basis. 6. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 Fisheries Settlement. The Committee found the exclusion was consistent with arts 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable...

6. BORA Affiliate Te Arawa Iwi and Hapu Claims Settlement Bill [pdf, 201 KB]

   ...into such an agreement. (See explanatory note pages 3-4.) This assessment is also consistent with the decision of the Court of Appeal in New Zealand Maori Council v Attorney-General [2008] 1 NZLR 318. 8.2 I also note the view of the United Nations Human Rights Committee that the exclusion of judicial review under the Fisheries Settlement, in the context of a negotiated settlement, was consistent with the right of access to the courts under art 14(1) of the International Covenant on Civil...

7. BORA Support for Children in Hardship Bill [pdf, 288 KB]

   ...beneficiary parents with s 19 of the Bill of Rights Act. Section 19 – Right to freedom from discrimination 9. Section 19(1) of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the grounds set out in the Human Rights Act 1993. 10. We note the Bill requires certain categories of beneficiary parents to work for longer hours to be eligible for certain benefits. It also requires beneficiary parents to look for and accept suitable offers of empl...

8. BORA Te Atiawa Claims Settlement Bill [pdf, 278 KB]

   ...negotiated settlement of claims. 6. To the extent that 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. 7. 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 co...

9. 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...

10. BORA Canterbury Regional Council (ECan) Temporary Commissioners and Other Matters Bill [pdf, 228 KB]

    ...affirmed in section 27(1) of that Act. Our analysis is set out below. 3. We have based our advice on an early draft of the Bill which we understand is subject to further drafting. We will inform you immediately if any changes raise additional human rights implications. PURPOSE OF THE BILL 4. The purpose of the Bill is to replace the elected members of Canterbury Regional Council (ECan) with appointed Commissioners. Those Commissioners will act as the governing body of ECan until...