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1. Proposed Joint Statement of Experts in Lieu of Caucusing [pdf, 396 KB]

   ...restored through establishment of a no-take area. Opinion of Dr De Luca. Phil Ross Waahi Tapu allow for the restoration of ecological bottom-lines in the MNEMA and on-going protection of those bottom-lines. Waahi taonga areas cater for human experiences (fishing) subject to baseline levels for ecological restoration of the MNEMA being achieved. From an ecological perspective I do not agree that resumption of fishing in the Waahi Taonga areas will 13 jeopardise the...

2. Willowridge Developments Ltd - Alison Devlin - EIC - 25 February 2022 [pdf, 329 KB]

   ...Taonga must be sought prior to the modification, damage or destruction of any archaeological site, whether the site is unrecorded or has been previously recorded. An archaeological site is described in the Act as a place associated with pre-1900 human activity, which may provide evidence relating to the history of New Zealand. These provisions apply regardless of whether a resource consent or building consent has been granted by Council. Should archaeological material be discovered dur...

3. [2021] NZEmpC 201 Cronin-Lampe v Board of Trustees of Melville High School [pdf, 269 KB]

   ...to whether the matter relates to a question provided for by the Act. For example, proceedings relating to or arising from damage to property, a term of any contract, a personal grievance, the Health and Disability Commissioner Act 1994 or the Human Rights Act 1993 are not matters “covered by [the] Act.” [29] The Supreme Court went on to conclude that the purpose of the section was to channel “disputes about decisions made under the Act into a prescribed procedure.”7 Beca...

4. Proposals against incitement of hatred and discrimination - summary document - Farsi [pdf, 778 KB]

   ...سایتوب طریق از توانیدمی را خود ارسالی موارد .است باز 2021 اوت 6 تا ژوئن 25 از ارسالی موارد پنجره Space آدرس به https://consultations.justice.govt.nz، ایمیل طریق از humanrights@justice.govt.nz، کنید ارسال آدرس این به پست طریق از یا :Human Rights, Ministry of Justice, SX10088, Wellington. لطفا شخصی، اطالعات و محرمانگی پیرامون اطالعات...

5. [2021] NZEnvC 108 Manukorihi Tarau on behalf of Ngai Taiwhakaea v Whakatane District Council [pdf, 1.1 MB]

   ...recourse to the courts for the determination of rights is not to be excluded except by clear words.6 There is no challenge in this case to the general exclusionary effect that s 120(1A) of the Act had at the relevant time, but the limitless variety of human activity and of ways of describing it requires some care to be taken in applying the statutory words to the facts of the case. As counsel for the appellants submits, a cautious approach should be taken to the determination of a j...

6. [2023] NZEnvC 081 Nga Kaitiaki o Te Awa a Ngaruroro [pdf, 1.9 MB]

   ...road, ford or bridge, or network utility operation (as defined in section 166 of the Act); temporary construction dewatering activities; or the maintenance or operation of the Ngaruroro Flood Protection and Drainage Scheme; or the protection of human or animal health; or (iii) minor activities necessary for the management of land administered by the Department of Conservation. 12.4 No resource consent may be granted or rule included in a regional plan that would allow activities...

7. [2022] NZACC 112-Dixon v Accident Compensation Corporation (14 June 2022) [pdf, 263 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. [30] Section 117(1) of the Act provides: The Cor...

8. [2022] NZACC 78 – Hookway v ACC (5 May 2022) [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. [43] In Johnston,1 France J stated: [11] It is...

9. NZBORA Advice COVID19 Public Health Response Extension of Act and Reduction of Powers Amendment Bill updated for publication.pdf [pdf, 232 KB]

   ...enabled under clause 8 of the Bill may engage section 22 of the Bill of Rights Act, which affirms that everyone has the right not to be arbitrarily arrested or detained. The purpose of the right not to be arbitrarily detained is the protection of human dignity, autonomy, and liberty.8 42. Where an enactment is inconsistent with section 22, there can be no role for justification under section 5 of the Bill of Rights Act. Rather, the term “arbitrarily” is intended to provide a me...

10. Amendments-to-Court-Rules-2024-and-Coroners-Regulations_FINAL.pdf [pdf, 392 KB]

    ...notification in the New Zealand Gazette. Compliance 35 The regulatory changes comply with each of the following: 35.1 the principles of the Treaty of Waitangi; 35.2 the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 or the Human Rights Act 1993; 35.3 the principles and guidelines set out in the Privacy Act 2020; 35.4 relevant international standards and obligations; and 35.5 the Legislation Guidelines (2021 edition), which are maintained by the Leg...