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1. BORA Statutes Amendment Bill [pdf, 382 KB]

   ...instructions, we attach copies of this opinion for referral to the Minister of Justice and the Associate Minister of Justice (Hon Rick Barker), who is also the Minister in charge of the Bill. Stuart Beresford Senior Legal Adviser Bill of Rights/Human Rights Team Allison Bennett Principal Legal Adviser Office of Legal Counsel cc Minister of Justice Associate Minister of Justice (Hon Rick Barker) For your information Footnote 1 See Moonen v Film Literature Board of Review [2000]...

2. BORA Ngāti Apa (North Island) Claims Settlement Bill [pdf, 277 KB]

   ...far as the exclusion of subsequent challenge could be said to limit the claimant's rights under s 20 of the Bill of Rights Act [3], it would likewise be justified under s 5 on the same basis. 6. In particular, I note that the United Nations Human Rights Committee upheld a similar exclusion under the 1992 Fisheries Settlement, which was similarly 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...

3. BORA Fisheries Act 1996 Amendment Act Bill (No 2) [pdf, 281 KB]

   ...the analysis set out above, we have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. Michael Petherick Ministerial Advice Manager Office of Legal Counsel Stuart Beresford Manager, Human Rights/Bill of Rights Team Public Law Group Footnotes 1 See Franic v Wilson [1993] 1 NZLR 318 (HC) and Upton v Green (No 2) [1996] 3 HRNZ 179 2 Chisholm v Auckland City Council (CA/02, 29 November 2002), paragraph 32 In addition...

4. BORA Gangs and Organised Crime Bill [pdf, 355 KB]

   ...14 of the Bill of Rights Act. Section 14 reads: "Everyone has the right to freedom of expression, including the freedom to seek, receive and in part information and opinions of any kind in any form." 10. The right is "as wide as human thought and imagination"[1]. It extends to non-verbal conduct and so would extend to signs and other expressive structures.[2] As the proposed amendment has the potential to apply to structures that convey meaning, even if that meaning...

5. BORA Copyright (Artist’s Resale Right) Amendment Bill [pdf, 302 KB]

   ...CONCLUSION 18. Based on the analysis set out above, we have concluded that the Bill appears to be consistent with the Bill of Rights Act. Jeff Orr Chief Legal Advisor Office of Legal Counsel Stuart Beresford Acting Manager Bill of Rights/Human Rights Team 1 Butlers The New Zealand Bill of Rights Act: A Commentary (Wellington: 2005) at 13.27. 2 [1989] 1 S.C.R. 1038. 3 See Moonen v Film Literature Board of Review [2000] 2 NZLR 9 and R v Oakes [1986] 1 S.C.R. 103. In addition...

6. BORA Ngāti Manuhiri Claims Settlement Bill [pdf, 286 KB]

   ...Rights Act [4]. Excluding subsequent challenge is a legitimate incident of the negotiated settlement of claims. 8. Any limit on minority rights under s 20 of the Bill of Rights Act would be justified on the same basis [5]. 9. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 fisheries settlement. The Committee found that the exclusion was consistent with arts 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to...

7. BORA Farm Debt Mediation Bill [pdf, 310 KB]

   ...provides both farmers and creditors an opportunity to constructively explore options for business turn-around, along with a timely resolution of what otherwise can be complex 2 Living Word Distributors v Human Rights Action Group Inc (Wellington) [2000] 3 NZLR 570 (CA). 3 Hansen v R [2007] NZSC 7 at [123]. and drawn-out processes. It also provides farmers with an opportunity for a timely and dignified exit where few options for busine...

8. [2019] NZEmpC 156 Radford v Chief of New Zealand Defence Force [pdf, 388 KB]

   ...between the Chief of the New Zealand Defence Force and a person in Ms Radford’s situation. [5] The Ministry of Foreign Affairs and Trade (MFAT) now seeks leave to appear and be heard in the proceeding. [6] John Saunders (Divisional Manager, Human Resources Group at MFAT) states that the organisation employs 1,500 staff worldwide. Approximately 850 are employed in MFAT’s overseas posts. Of these, approximately 300 are staff seconded from Wellington and the remaining 550 a...

9. Pukekohe Vegetable Growers Association.pdf [pdf, 202 KB]

   ...farming communities. Oppose in part CVP is operationally different from pastoral farming and requires the ability to rotate crops on different parcels of land in order to produce vegetables sustainably. Fresh vegetables are essential for human health and the ability to meet growing population demand is essential for the health and wellbeing of our communities, noting that the land area occupied by CVP is less than 2%. Policy 6 Federated Farmers seek amendme...

10. [2019] NZEmpC 105 Chief Executive of Manukau Institute of Technology v Zivaljevic [pdf, 217 KB]

    ...in the common bundle. No objection was taken by MIT to that application and it is granted. [4] Second, Mr Zivaljevic has applied to exclude evidence. He objects to the evidence proposed to be given by Ms Kirsten Sargent, who is MIT’s Head of Human Resources, People and Culture, in its entirety. He also objects to four documents that are currently included in the common bundle. These documents comprise email threads between Mr Zivaljevic and MIT after the termination of his emp...