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1. E v B & C LCRO 30 / 2009 (19 May 2009) [pdf, 16 KB]

   ...my view, Complainant E has not adequately distinguished between the making of mistakes in the course of a trial, and whether or not the mistakes matter. It is quite often that there are slips of one sort or another in a trial which like all other human activity is prone to error. The task of the judge conducting the trial is to continue the trial when the error is minor and does not cause an injustice, and I am quite satisfied in this case that the District Court Judge when identifyi...

2. BORA Education Amendment Bill [pdf, 99 KB]

   ...opinion for referral to the Minister of Justice. A copy is also attached for referral to the Minister of Education, if you agree. Allison Bennett Principal Adviser Office of Legal Counsel Boris van Beusekom Senior Legal Adviser Bill of Rights/Human Rights Team cc Minister of Justice Minister of Education 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 whethe...

3. BORA Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Bill [pdf, 290 KB]

   ...subsequent challenge is a legitimate incident of the negotiated settlement of claims for collective redress. 16. Any limit on minority rights under section 20 of the Bill of Rights Act would be justified on the same basis. 17. 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 on Civil and Political Rights, which are compa...

4. BORA Financial Service Providers (Registration and Dispute Resolution) Bill [pdf, 308 KB]

   ...than a power of entry.[5] CONCLUSION 16. Overall, 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 Public Law 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 N...

5. BORA Inquiries Bill [pdf, 305 KB]

   ...Conclusion In conclusion, our view is that the Bill is consistent with the rights and freedoms affirmed in the Bill of Rights Act. Michael Petherick Manager, Ministerial Advice Office of Legal Counsel Stuart Beresford Policy Manager Bill of Rights/Human Rights Team Footnotes: 1. Clause 10. 2. Clause 13(2)(a). 3. Clause 16. 4. Clause 9. 5. Clause 20(a). 6. Andrew and Petra Butler The New Zealand Bill of Rights Act: A Commentary (2005) para 13.27. 7. Clause 29(2)....

6. BORA Gambling Amendment Bill (No 2) [pdf, 385 KB]

   ...CONCLUSION 16. For the reasons discussed above, we have concluded that the 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 Public Law Group Footnotes 1 In applying section 5, the Ministry of Justice has 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 Liter...

7. Horticulture New Zealand.pdf [pdf, 183 KB]

   ...farming Support in part/ Oppose in part HortNZ supports a separate rule for Tangata Whenua Ancestral Land. HortNZ opposes deletion of Policy 3(d) and Rule 3.11.4.8 as this would result in an inability to provide food supply necessary for human health. HortNZ opposes relief sought for Rule 3.11.4.8 in regards to the recalibration of land for the reasons outlined above. practice to reduce diffuse discharges of nitrogen, phosphorus, sediment and microbial pathogens; and iv. d...

8. 2021-03-08 Richard Allibone - Summary of Evidence [pdf, 122 KB]

   ...other experts have provided indicates varying degrees of support to my listing and prioritisation of threats to the non- migratory galaxiid species. Dr Olsen agrees with the list, and Dr Dunn agrees in part, but considers hydrological alteration by human activities to be the greatest threat to non-migratory galaxiids. 9 I agree with Dr Dunn that extreme hydrological alterations are a concern and can lead to extirpation of non-migratory galaxiid populations. Dry stream reaches or...

9. 2021-02-15 Minute PC 1 & 8 mediaiton expert conferencing [pdf, 383 KB]

   ...Protection Society of New Zealand Inc, Southern District Health Board ✓ Amended Policy 7.C.6 Reduce adverse effects of discharges from stormwater systems ✓ New Policy 7.C.12 Reduce adverse effects of discharges of human sewage ✓ Effluent storage and application to land through new minimum standards Animal waste storage and applic- ation Part B Schedule 18 Storage pond drop test requirements and criteria Kāi Tahu ki Otago...

10. Pukekohe Vegetable Growers Association v Waikato Regional Council [pdf, 193 KB]

    ...that they can grow on rested land, or on land that has been utilised for different crops in the rotation sequence. This maintains soil and crop health and assists in achieving improved environmental outcomes. 8. Fresh produce is essential for human health. All New Zealanders should have access to affordable fresh produce. Adequate land area must therefore be attainable for CVP activities to meet fresh produce demands, while maintaining crop rotations that are essential for crop a...