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1. BORA Statutes Amendment Bill (No. 2) [pdf, 299 KB]

   ...Defence • Misuse of Drugs Act 1975 CONCLUSION 14. 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 Acting Manager Bill of Rights/Human 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 Parliament under...

2. BORA Rongowhakaata Claims Settlement Bill [pdf, 279 KB]

   ...settlement of the claims. 6. In so far as the section could be said to limit reliance on the protection of the rights of minorities under s 20 of the Bill of Rights Act, it would be justified under s 5 on the same basis. 7. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 Fisheries Settlement, also an incident of a negotiated settlement, as consistent with the right of access to the courts as affirmed by art 14(1) of the International Covenant on Civi...

3. BORA Waitaha Claims Settlement Bill [pdf, 286 KB]

   ...settlement of the claims. 7. In so far as the section could be said to limit reliance on the protection of the rights of minorities under s 20 of the Bill of Rights Act, it would be justified under s 5 on the same basis. 8. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 Fisheries Settlement, also an incident of a negotiated settlement, as consistent with the right of access to the courts as affirmed by art 14(1) of the International Covenant...

4. BORA Sentencing (Protection of Children Criminal Offending) Amendment Bill [pdf, 288 KB]

   ...illness or injury (‘the new aggravating factor’). Consistency with the right to freedom from discrimination 4.Section 19(1) of the Bill of Rights Act affirms the right of everyone to be free from discrimination on the grounds set out in the Human Rights Act 1993. The grounds of discrimination are set out in s 21 of that Act, and include age (commencing at 16 years of age). 5.A provision may limit the right to freedom from discrimination where: a.it draws a distinction on one o...

5. BORA Ngāti Rangi Claims Settlement Bill [pdf, 115 KB]

   ...4521478_BORA VET LETTER (002) 9. 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. 10. 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 to ss...

6. Ngati Rangitihi Claims Settlement Bill [PDF, 902 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 on Civil and Political Rights, which are comparable...

7. Family Court rewrite submission: NZ Nurses Organisation [pdf, 224 KB]

   ...and support, frequently miss out on basic health care available to all other citizens – ie they are doubly disadvantaged, with the inevitable lifelong consequences. NZNO, like others, has pointed out in numerous submission, the systemic barriers (Human Rights Commission, 2012), duplication, and predictable failure of siloed justice, health, education and social systems. We are hopeful that the government’s Wellbeing Framework will provide the basis for a more coherent regulatory stru...

8. Criminal Cases Review Commission: Appointments media release [pdf, 112 KB]

   ...knowledge and understanding of tikanga Māori and te ao Māori. He is also a counsel to assist the Royal Commission into Abuse in State Care. Before working as a barrister, Mr Snelgar worked at Meredith Connell specialising in criminal prosecution, was a human rights observer at Standing Rock and was also a judge’s clerk and research fellow in the USA. He has also completed a Masters of Law at Harvard Law School as a Fulbright Scholar. Tangi Utikere JP is the Deputy Mayor of Palmerst...

9. Traumatic Brain Injury and people in the justice system (A3 infographic) [pdf, 375 KB]

   ...expressed are those of the researchers, not Statistics NZ. What next? Using this information about TBI, we can work towards a more trauma responsive Justice System. This analysis will help underpin policy advice provided as part of the Humane and Effective Justice programme. The findings will provide the basis for further investigation into how the Justice System can be more responsive to and support the wellbeing of those who have experienced a TBI. 20180110...

10. Taxation (Cost of Living Payments) Bill [pdf, 126 KB]

    ...turn our minds to the criteria when considering the consistency of the Bill with the Bill of Rights Act. 11. Section 19(1) of the Bill of Rights Act affirms the right to freedom from discrimination on the prohibited grounds listed in s 21 of the Human Rights Act 1993 (HRA). 12. Discrimination under s 19 of the Bill of Rights Act arises where:4 a. there is differential treatment or effects as between persons or groups in analogous or comparable situations on the basis of a prohibited...