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1. COVID-19 Response (Further Management Measures) Legislation Bill - Crown Law Vet [pdf, 219 KB]

   ...should be taken to be a reference to living persons. Therefore, the dead have no rights under the Bill of Rights Act. Whilst there is dicta from Elias CJ in Takamore (SC) that may appear to be to the contrary (“Proper disposal of bodies engages the human rights to dignity, privacy and family” at [1]) those remarks were couched in general terms and do not necessarily refer to those rights which are affirmed by the Bill of Rights Act. 6 For completeness, we have considered whether, in the...

2. BORA Immigration Amendment Bill (No 2) [pdf, 328 KB]

   ...is under an obligation not to deport a person where the person faces a real risk of being subjected to torture or the arbitrary taking of life 1. 7.Clauses 35, 39 and 56 affect the circumstances in which a person may appeal against a decision on humanitarian grounds. These amendments do not affect a person’s ability to claim asylum in New Zealand. If a person alleged they would be subject to torture or death if returned to their home country or country of origin they would still be en...

3. Potae v ACC [2014] NZACA 5 [pdf, 65 KB]

   ...effects and injuries which followed. If one looks at the matter without subtlety I think the only conclusion that can be made is that this was injury by accident, an unexpected untoward mishap. The fact that it came from a stoppage in an essential human activity does not alter the real effect, the real meaning of the events and occurrence.” Interim directions [26] I do not intend to pre-empt ACC’s consideration of the claim or limit the evidence it should consider, but...

4. Establishing a Criminal Cases Review Commission - Redacted [pdf, 298 KB]

   ...departmental officer required by statute to exercise specific statutory responsibilities, independently of Ministers and departmental Chief Executives. 35. The Justice sector has examples of all three types. The Independent Police Conduct Authority and the Human Rights Commission are two of several Crown entities funded through Vote Justice. The office of the Judicial Conduct Commissioner is an example of an independent statutory office. And the Legal Services Commissioner is a statutory...

5. Yiasoumi v Attorney-General [2017] NZHRRT 12 [pdf, 242 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2017] NZHRRT 12 Reference No. HRRT 061/2015 UNDER THE PRIVACY ACT 1993 BETWEEN YIASOUMI YIASOUMI PLAINTIFF AND ATTORNEY-GENERAL DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines QC, Chairperson Ms WV Gilchrist, Member Hon KL Shirley, Member REPRESENTATION: Mr Y Yiasoumi in person Ms H Carrad for defendant DATE OF HEARING: 8 March 2017 DATE OF DECISION: 11 April...

6. Proposals against incitement of hatred and discrimination - summary document - Pashto [pdf, 335 KB]

   ...تاسو کولی شئ خپلھ سپارنھ د ښاروالي سپیس ویب پاڼې لھ 2021اګست 6جون څخھ تر 25سپارنې د ، د بریښنالیک لھ الرې پھ https://consultations.justice.govt.nzالرې واستوئ humanrights@justice.govt.nz یا د پوستې لخوا پھ ،Human Rights, Ministry of Justice, SX10088, Wellington. د سپارنې پروسې پھ اړه د نورو معلوماتو لپاره، د رازداري او شخصي معلو...

7. Tom De Pelsemaeker - Statement of Supplementary Evidence in relation to pORPS (14 July 2021) [pdf, 188 KB]

   ...managing climate change is set out in Chapter IM – Integrated Management. This framework is aimed at enhancing environmental and community resilience by identifying and recognising climate change impacts, providing for activities that reduce human impacts on the environment and reduce the risk and impacts of climate change, and facilitating planning responses that allow communities to adapt to and mitigate the effects of climate change (IM – P8 to P12). ISSUE 5: To what ext...

8. [2022] NZACC 68 – Broughton v ACC (28 April 2022) [pdf, 233 KB]

   ...section 20(2)(e) to (h)). Section 25(1)(a)(i) provides that “accident” means a specific event or a series of events, other than a gradual process, that involves the application of a force (including gravity), or resistance, external to the human body. Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. [35] Section 67 of the Act provides: A claimant w...

9. Payne v Accident Compensation Corporation (Personal Injury) [2024] NZACC 105 [pdf, 216 KB]

   ...section 20(2)(e) to (h)). Section 25(1)(a)(i) provides that “accident” means a specific event or a series of events, other than a gradual process, that involves the application of a force (including gravity), or resistance, external to the human body. Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. [46] Section 26(1)(c) of the Act provides that “...

10. Green v De'Ath [2018] NZIACDT 43 (1 November 2018) [pdf, 220 KB]

    ...intervention and sanctions by a disciplinary body. The public interest does not warrant every technical breach of the Code resulting in disciplinary proceedings. The Tribunal acknowledges the reality of day-to-day professional practice and isolated human error.8 This principle also has statutory recognition, to the extent that the Registrar can decide not to pursue a complaint which discloses only a trivial or inconsequential matter.9 [54] However, I do not accept that Mr De’At...