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1. BORA Criminal Proceeds (Recovery) Bill [pdf, 437 KB]

   ...types of orders provided for in Part 2 raise a number of potential issues under the BORA. We note also that similar regimes for the forfeiture of proceeds of criminal activity in comparable jurisdictions have been subject to challenge on a range of human rights-related grounds. We have therefore considered the full range of potential issues in light of relevant New Zealand jurisprudence and that from comparable jurisdictions. Section 9 - cruel, degrading, or disproportionately severe trea...

2. [2017] NZEmpC 139 Dean v The Chief Executive of the Ministry for Primary Industries [pdf, 372 KB]

   ...Purposes: Day: Means number of hours an employee normally works each day. … [11] Appendix 2 to the CEA was a document dated 3 May 2013, described as terms of settlement; it took the form of a letter from Mr Luke Southorn, director, human resources, to Mr Ian Gordon, a PSA national organiser. It contained details as to a series of issues which had been agreed at negotiations the previous day. Included was this statement: Leave 19. Retiring Leave Employees...

3. Cabinet paper - Tyson Gregory Redman application for compensation for wrongful conviction and imprisonment: next steps [pdf, 4.4 MB]

   ...compensation payment [STR (98) M 39/6]. 62. The Ministry of Justice is not funded for any ex gratia or compensation payments and is unable to make any cost reductions to absorb this payment. The payment will be a charge against the general contingency. Human rights 63. The proposed compensation package is consistent with the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. Legislative implications 64. There are no legislative implications. Regulatory impact ana...

4. BORA Border Security Bill [pdf, 72 KB]

   ...consider whether s 10 of the Crown Proceedings Act 1947 (UK), which exempted the Crown from liability in tort for injury suffered by members of the armed forces in certain circumstances, was compatible with Article 6(1) of the European Convention on Human Rights. [9] Their Lordships held that the Crown's exemption from liability in tort was a matter of substantive law, so that the claimant had no "civil right" to which Article 6(1) might apply. Their Lordships treated th...

5. Privacy Bill - additional policy decisions [pdf, 304 KB]

   ...ideas for reform have been put forward by submitters, including the Privacy Commissioner. Many of these ideas reflect emerging innovations in international privacy and consumer rights law, and aim to respond to new challenges to privacy and related human rights in the data driven age. These ideas include new rules on the de-identification and reidentification of personal information, a ‘right to erasure’, data portability, and algorithmic transparency. New Zealand ‘adequacy’...

6. [2019] NZEmpC 81 Emmanuel v Waikato District Health Board [pdf, 300 KB]

   ...situation raised questions as to whether she could be relied on in the future and impressed upon her the seriousness of the matter. [21] Ms Allison relayed what she says occurred at the meeting in an email the same day to the Waikato DHB’s Human Resources Consultant and to Ms Riggs, who is the Manager of Payments and Revenue at the Waikato DHB. [22] Mrs Emmanuel’s recollection of her meeting with Ms Allison was similar to that of Ms Allison. However, she says, when she was...

7. Tom De Pelsemaeker - Evidence in reply to supplementary evidence of TA's (21 May 2021) [pdf, 232 KB]

   ...water quality effects that can be considered.16 16 The policy and rule framework for managing effects on water quality are set out in Chapters 7, 9, 10 and 12 of the RPW, while Chapter 5 allows decision-makers to consider effects on natural and human use values, some of which are reliant on good water quality. As is the case with the framework for managing water quantity, the provisions for managing water quality do not ensure that natural and physical resources are managed in a...

8. Tom De Pelsemaeker - Evidence in reply to supplementary evidence of TA's (21 May 2021) [pdf, 232 KB]

   ...water quality effects that can be considered.16 16 The policy and rule framework for managing effects on water quality are set out in Chapters 7, 9, 10 and 12 of the RPW, while Chapter 5 allows decision-makers to consider effects on natural and human use values, some of which are reliant on good water quality. As is the case with the framework for managing water quantity, the provisions for managing water quality do not ensure that natural and physical resources are managed in a...

9. 2021-07-05 Nga Runanga - Closing Submissions [pdf, 214 KB]

   ...well as widespread degradation of water quality, with resultant impacts on the way of life of Ngā Rūnanga and other parts of the Otago community. There was uncontroverted evidence that NPSFM national bottom lines for some ecosystem health and human contact attributes are not being met in many rivers10. 18. To the extent that the PC7 provisions essentially enable the assessment of applications and the issuing of resource consents subject to conditions for a short duration, durin...

10. Worker-Exploitation-in-NZ-Enforcement-and-Commentary-Paper.pdf [pdf, 313 KB]

    ...above n 7, at 18. 15 Ministry of Business, Innovation and Employment, above n 3, at 7. 16 At 8. 17 Sections 98 and 98AA. 18 Sections 98C and 98D. 19 Section 351. Page | 5 counts of using a person as a slave and 10 counts of human trafficking.20 In R v Ali, the defendant was imprisoned after having trafficked 15 victims.21 In R v Lata, the defendant was convicted of dealing with a person under 18 for sexual exploitation after she sold the sexual services of...