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1. [2024] NZEnvC 162 Te Kauri Marae Trust v Waikato District Council [pdf, 2.2 MB]

   ...Area 2 FA3 Fill Area 3 FA4 Fill Area 4 MfE Ministry for the Environment Legislative Terms RMA Resource Management Act 1991 NES-CS Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health Regulations 2011 HAIL Hazardous Activities and Industries List Management Plans SFMP Site and Fill Management Plan ESCP Erosion and Sediment Control Plan DMP Dust Management Plan CSMP Contaminated Site Management Plan (FA3)...

2. Ministry-of-Justice-Annual-Report-2021-22.pdf [pdf, 5 MB]

   ...Conversion Practices Prohibition Legislation Act 2021, Counter-Terrorism Legislation Act 2021, and COVID-19 Response (Courts Safety) Legislation Act 2022. We continue to support the Government’s broader legislative programme through our advice on the human rights and constitutional implications of legislative proposals. Across all our work we aim for a fairer, safer Aotearoa, and to build trust and confidence in the rule of law, but cannot do this alone. Working in support of the jud...

3. Rafiq v Commissioner of Inland Revenue (Costs) [2013] NZHRRT 30 [pdf, 39 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2013] NZHRRT 30 Reference No. HRRT 027/2011 UNDER THE PRIVACY ACT 1993 IN THE MATTER OF AN APPLICATION BY THE DEFENDANT FOR COSTS BETWEEN RAZDAN RAFIQ PLAINTIFF AND COMMISSIONER OF INLAND REVENUE DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines QC, Chairperson Dr SJ Hickey, Member Dr AD Trlin, Member REPRESENTATION: Mr Rafiq in person (no appearance) Mr E Child and Mr T Hallett-Hook fo...

4. BORA Civil Aviation Amendment Bill [pdf, 20 KB]

   ...accordance with your instructions, we attach a copy of this opinion for referral to the Minister of Justice. A copy is also attached for referral to the Associate Minister of Transport, if you agree. Boris van Beusekom Legal Adviser Bill of Rights/Human Rights Team Val Sim Chief Legal Counsel Office of Legal Counsel cc Minister of Justice Associate Minister of Transport Disclaimer In addition to the general disclaimer for all documents on this website, please note the follow...

5. BORA Secondhand Dealers and Pawnbrokers Bill [pdf, 18 KB]

   ...56(1) and 57(1)(f) prevent pawnbrokers from accepting pledges from persons under that age. 3. These age restrictions are prima facie inconsistent with the freedom from discrimination on the grounds of age affirmed by s 19 BORA and s 21(1)(i) of the Human Rights Act 1993, which is defined as any age commencing with the age of 16 years. It is therefore necessary to consider whether such inconsistencies can be justified in terms of s 5 BORA. 4. Age limits necessarily involve a degree of g...

6. BORA Crimes And Misconduct (Overseas Operations) Bill [pdf, 19 KB]

   ...to be inconsistent with the rights and freedoms contained in the Bill of Rights Act. 10. In accordance with your instructions, we attach a copy of this opinion for referral to the Minister of Justice. Margaret Dugdale Manager Bill of Rights/Human Rights Team Val Sim Chief Legal Counsel Office of Legal Counsel cc Minister of Justice Disclaimer In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to ass...

7. 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...

8. 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...

9. Ngati Pahauwera Supplementary Affidavit on behalf of Trustees [pdf, 394 KB]

   ...Discussion included archaeology and wahi tapu concepts. 6. Annexed and marked ‘D’ is ‘Fisheries Resource Inventory: The Mohaka River’.4 This document was prepared by Fish and Game New Zealand and covers hydrology, biology, water quality, human use and threats to the fishery. 1 Susan Forbes and Warren Gumbley, Ngati Pahauwera Rohe Archaeological Survey (1996) 2 Toro Waaka and Susan Forbes, Wairoa Heritage Workshop (1997) 3 Elizabeth Pisheif, Ngati Pahauwera: Places o f Signific...

10. BORA Domestic Violence Reform Bill [pdf, 196 KB]

    ...As such, these provisions may appear to raise an issue under the right of non-discrimination on the grounds of age in ss 19(1) of the Bill of Rights Act. Age is defined as "any age commencing with the age of 16 years" by s 21(1)(i) of the Human Rights Act 1993. 3. However, the different treatment reflects the availability of similar, but specifically designed, protective measures for 16 and 17-year olds, such as the power of removal of young persons at risk of harming themselve...