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1. BORA Land Transport (Enforcement Powers) Amendment Bill [pdf, 297 KB]

   ...5. See Sugrue, above, [24]. 6. See, similarly, Belcher v Chief Executive of the Department of Corrections [2007] 1 NZLR 507, [35]ff. 7. See, for example, Belcher, above, [41], and, more broadly, R Clayton & H Tomlinson (eds) The Law of Human Rights (2ed: Oxford, 2009)[11.30]ff and [11.358]ff. 8. Section 67(8) of the Summary Proceedings Act 1956. 9. The application of s 5 entails an assessment of whether the restriction is rationally connected to an important objective and...

2. BORA Local Government (Auckland Law Reform) Bill [pdf, 308 KB]

   ...rating arrangements for the Auckland Council until at least July 2012. Section 19: Right to be free from discrimination Section 19(1) of the Bill of Rights Act provides the right to freedom from discrimination on the grounds set out in s 21 of the Human Rights Act 1993. These grounds include age, which means any age commencing with the age of 16 years, disability, race, and ethnic or national origin. In our view, taking into account the various domestic and overseas judicial prono...

3. BORA Public Transport Management Bill [pdf, 256 KB]

   ...of Rights Act. CONCLUSION 25 We have concluded that the Bill appears to be consistent with the rights and freedoms contained in the Bill of Rights Act. Melanie Webb Stuart Beresford Manager, Ministerial Advice Acting Manager, Bill of Rights/Human Rights Office of Legal Counsel Public Law Group 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...

4. BORA Te Tau Ihu Claims Settlement Bill [pdf, 297 KB]

   ...within the ambit of s 27(3) of the Bill of Rights Act, which protects procedural rights [4]. 14. To the extent that the rights affirmed by ss 20 and/or 27(2) are limited by the Bill, those limits are justified in terms of s 5. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 fisheries settlement as an incident of a negotiated settlement. The Committee found the exclusion was consistent with the analogous rights under arts 14(1) and 27 of the Internati...

5. BORA Employment Relations Amendment Bill [pdf, 308 KB]

   ...section 5 of the Bill of Rights Act. Conclusion 22. 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 Senior Legal Adviser Bill of Rights/Human Rights Team Footnote 1 See Ministry of Transport (MOT) v Noort [1993] 3 NZLR 260; Moonen v Film and Literature Board of Review [2000] 2 NZLR 9; and Moonen v Film and Literature Board of Review [2002] 2 NZLR 754 and Supreme Cour...

6. Horticulture New Zealand.pdf [pdf, 187 KB]

   ...specified matters of control and standards/conditions, combined with the FEP process. CVP is unique in its limitation to types of land which are in short supply. Constraining existing CVP will have significant implications to supply of vegetables for human health. Rule 3.11.4.7 Amend Rule 3.11.4.7 so that any of the following farming activities (whether drystock or dairy) that can demonstrate one or other of the following is a restricted discretionary activity: A. the farming activi...

7. Horticulture New Zealand.pdf [pdf, 187 KB]

   ...specified matters of control and standards/conditions, combined with the FEP process. CVP is unique in its limitation to types of land which are in short supply. Constraining existing CVP will have significant implications to supply of vegetables for human health. Rule 3.11.4.7 Amend Rule 3.11.4.7 so that any of the following farming activities (whether drystock or dairy) that can demonstrate one or other of the following is a restricted discretionary activity: A. the farming activi...

8. Richardson v Burns (Strike-Out of Second Defendant) [2017] NZHRRT 30 [pdf, 145 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2017] NZHRRT 30 Reference No. HRRT 038/2016 UNDER THE PRIVACY ACT 1993 BETWEEN ANTONY RICHARDSON PLAINTIFF AND KIMBERLEY BURNS FIRST DEFENDANT AND WAITEMATA DISTRICT HEALTH BOARD SECOND DEFENDANT AT WELLINGTON – ON THE PAPERS BEFORE: Mr RPG Haines QC, Chairperson Dr SJ Hickey MNZM, Member Mr RK Musuku, Member REPRESENTATION: Mr A Richardson in person Ms B Johns for first...

9. [2019] NZEmpC 35 Elisara v Alliance New Zealand Ltd [pdf, 239 KB]

   ...proposed to protect the claimed confidentiality of any such document. (emphasis added) [4] As I have said, the defendant filed an affidavit in response to those orders. The affidavit was sworn by Mr Fearnley, General Manager, Business Partnering, Human Resources at Allianz Australia Ltd. The defendant is a branch of that company. In the affidavit Mr Fearnley states, amongst other things, that: • he is aware of the obligations on parties to litigation to make disclosur...

10. [2016] NZEmpC 131 A Labour Inspector v Taste of Egypt Ltd [pdf, 89 KB]

    ...proceedings. All that the current proceeding does is to freeze assets pending further enforcement proceedings. This judgment does not require the second or third respondents to meet the debts of the first respondent but recognises that, as the human operatives of their company, Mr Awad and Ms McFarlane are responsible for what it does or does not do. Further, I consider that there is a realistic possibility that the company’s assets may have been transferred to either or both o...