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1. Horticulture New Zealand.pdf [pdf, 187 KB]

   ...specified matters of control and standards/conditions, combined with the FEP process. CVP is unique in its limitation to types of land which are in short supply. Constraining existing CVP will have significant implications to supply of vegetables for human health. Rule 3.11.4.7 Amend Rule 3.11.4.7 so that any of the following farming activities (whether drystock or dairy) that can demonstrate one or other of the following is a restricted discretionary activity: A. the farming activi...

2. King Country Energy Limited.pdf [pdf, 232 KB]

   ...The decisions version of Table 3.11-1 sets out the short-term water quality attribute states and 80-year attribute states for the Waikato and Waipa River catchments. 5.2 DoC, in its appeal, states that Objectives 1 and 2 have a greater focus on the human aspects of health and wellbeing of the Waikato and Waipā rivers than the intrinsic aspects. DoC notes that there is a lack of provision for, or recognition of, the need to restore and protect ecosystem health, which is a compulsory nati...

3. ENV-2017-AKL-000096 Straits Protection Society Incorporated v Auckland Council [pdf, 166 KB]

   ...to the environment - particularly to the protection, maintenance and enhancement of the environment as embodied in the principles of ecological sustainable development; and generally to the implementation of the Resource Management Act 1991; the Human Rights Act 1993; the Local Government Act 2002; the Acts arising from the reorganization of Local Government in New Zealand; the Proposed Auckland Unitary Plan; the Auckland Unitary Plan; and related Council controlled organizations, th...

4. BORA Limited Partnerships Bill [pdf, 316 KB]

   ...27. Overall, we have formed the view that the Limited Partnerships Bill appears to be consistent with the Bill of Rights Act. Melanie Webb Manager, Ministerial Advice Office of Legal Counsel Margaret Dugdale Policy Manager Bill of Rights/Human Rights Team Footnotes 1 In applying section 5, we have had regard to the guidelines set out by the Court of Appeal in Ministry of Transport (MOT) v Noort [1993] 3 NZLR 260; Moonen v Film and Literature Board of Review [2000] 2 NZLR 9...

5. [2019] NZEnvC 167 Western Bay of Plenty District Council v Bay of Plenty Regional Council [pdf, 13 MB]

   ...is qualitative rather than quantitative and there is no score to become 'outstanding'. This is a complex process requiring the exercise of judgement in a multi-dimensional framework. Outstanding natural features and landscapes can include human modifications (including activities) or otherwise be influenced by cultural associations, whether historical or modern. Natural science Assessment factors Representativeness: Natural features and landscapes that are clearly and recogn...

6. BORA Trade Marks (International Treaties And Enforcement) Amendment Bill [pdf, 309 KB]

   ...guilty. CONCLUSION We have concluded that the Bill appears to be consistent with the rights and freedoms contained in the Bill of Rights Act. Michael Petherick Manager, Ministerial Advice Office of Legal Counsel Stuart Beresford Manager Human Rights/Bill of Rights Team 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 whether a report should be made to P...

7. Proactive release - Order in Council: Electoral (Expenditure Limit) Order 2019 [pdf, 691 KB]

   ...on 1 July 2019. No waiver of the 28-day rule is sought. Compliance 10. The Order complies with the following:  the principles of the Treaty of Waitangi  the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993  the principles and guidelines set out in the Privacy Act 1993, and  the Legislation Guidelines. Regulations Review Committee 11. There are no grounds on which the Regulations Review Committee should draw the Order to...

8. [2023] NZEnvC 032 Crafar v Taupo District Council [pdf, 282 KB]

   ...means of recovering his costs if he wins by ordering or security. 7 An important point about access to justice in the context of security for costs was made by Kós J in Highgate on Broadway Ltd v Devine:5 Access to justice is an essential human right. The cost of exercising that right is the payment of costs in the event of failure. The right of a successful defendant to costs in that event is arguably subordinate to the plaintiff's right to be heard. Strong social polic...

9. BORA Local Government (Auckland Law Reform) Bill [pdf, 308 KB]

   ...rating arrangements for the Auckland Council until at least July 2012. Section 19: Right to be free from discrimination Section 19(1) of the Bill of Rights Act provides the right to freedom from discrimination on the grounds set out in s 21 of the Human Rights Act 1993. These grounds include age, which means any age commencing with the age of 16 years, disability, race, and ethnic or national origin. In our view, taking into account the various domestic and overseas judicial prono...

10. BORA Land Transport (Enforcement Powers) Amendment Bill [pdf, 297 KB]

    ...5. See Sugrue, above, [24]. 6. See, similarly, Belcher v Chief Executive of the Department of Corrections [2007] 1 NZLR 507, [35]ff. 7. See, for example, Belcher, above, [41], and, more broadly, R Clayton & H Tomlinson (eds) The Law of Human Rights (2ed: Oxford, 2009)[11.30]ff and [11.358]ff. 8. Section 67(8) of the Summary Proceedings Act 1956. 9. The application of s 5 entails an assessment of whether the restriction is rationally connected to an important objective and...