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1. BORA Marine Reserves (Consultation With Stakeholders) Amendment Bill [pdf, 203 KB]

   ...proposed marine reserve. 5. We have concluded that the Bill appears to be consistent with the rights and freedoms in the Bill of Rights Act. Jeff Orr Chief Legal Counsel Office of Legal Counsel Margaret Dugdale Policy Manager Bill of Rights/Human Rights 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 should be made to Parliament under s 7 o...

2. [2013] NZEmpC 46 Aarts v Barnardos & Ors [pdf, 49 KB]

   ...Third Defendant AND THE PRIVACY COMMISSIONER Fourth Defendant AND THE OMBUDSMAN Fifth Defendant AND MINISTRY OF SOCIAL DEVELOPMENT Sixth Defendant AND THE SERIOUS FRAUD OFFICE Seventh Defendant AND THE DIRECTOR OF HUMAN RIGHTS PROCEEDINGS Eighth Defendant AND THE INDEPENDENT POLICE CONDUCT AUTHORITY Ninth Defendant AND LANCE LAWSON BARRISTERS & SOLICITORS Tenth Defendant Hearing: 11 and 13 March 2013 And by memorandum fil...

3. Ashworth v Kent (Strike-Out Application) [2018] NZHRRT 55 [pdf, 475 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2018] NZHRRT 55 Reference No. HRRT 026/2018 UNDER SECTION 51 OF THE HEALTH AND DISABILITY COMMISSIONER ACT 1994 BETWEEN NICOLA JAN ASHWORTH PLAINTIFF AND DAVID GREGORY KENT FIRST DEFENDANT AND FENDALTON EYE CLINIC LIMITED SECOND DEFENDANT (discontinued) AT WELLINGTON BEFORE: Mr RPG Haines ONZM QC, Chairperson Ms K Anderson, Member Ms GJ Goodwin, Member REPRESENTATION: Mr...

4. BORA Evidence Bill [pdf, 406 KB]

   ...provided fairness to the accused is maintained.[2] However, there is a risk that the rights to a fair hearing and to examine witnesses for the prosecution may be breached where a conviction is based solely upon hearsay evidence. The European Court of Human Rights has required that there be some evidence that supports the charge other than the hearsay evidence.[3] 14. In my view, the conditions for admissibility set out in clause 18 are consistent with the rights contained in s25: 14.1...

5. BORA Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Bill [pdf, 306 KB]

   ...Consistency of the Bill with the Bill of Rights Act Section 19 – Right to freedom from discrimination 9. Section 19(1) of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the grounds set out in the Human Rights Act 1993. Grounds of discrimination include age, family status, and marital status. 10. Drawing on New Zealand case law on discrimination, we consider that the key questions in assessing whether there is a limit on the right to fre...

6. Kaupapa inquiry programme Appendix B Jan 2021 [pdf, 115 KB]

   ...Regulation of fishing, water quality, pollution; marine reserves, customary fishing, whales, dolphins, impact of pollution and run-off on coastal marine resources, impact of commercial overfishing on customary resources 13 Citizenship rights and equality Human rights, racial discrimination Inquiries under way Appendix B. The kaupapa inquiry programme Updated: January 2021

7. BORA Animal Welfare (Restriction on Docking of Dogs Tails) Bill [pdf, 72 KB]

   ...Justice. Copies are also attached for referral to the Minister of Agriculture and Forestry and Dianne Yates MP, if you agree. Roger Palairet Acting Chief Legal Counsel Office of Legal Counsel Stuart Beresford Senior Legal Adviser Bill of Rights/ Human Rights Team cc Minister of Justice Minister of Agriculture and Forestry Dianne Yates MP In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Atto...

8. Proactive release of documents relating to the Government Response to Officers of Parliament Committee [pdf, 1.3 MB]

   ...review should consider the exact terminology of the empowering legislation. For example, the meaning of the term “disability” has evolved since it was included and defined as a prohibited ground for discrimination in section 21 of the Human Rights Act 1993. It may be that alternative wording is 2 4us110oq65 2020-12-07 12:28:04 RE LE AS ED B Y TH E MIN IS TE R OF JU ST IC E preferable to better describe the grounds on which an Officer of Parliament should...

9. DML v Montgomery and MT Enterprises Ltd [2014] NZHRRT 6 [pdf, 182 KB]

   ...PUBLICATION OF NAME, ADDRESS OR IDENTIFYING PARTICULARS OF THE PLAINTIFF, OF THE THREE SEX WORKERS AND OF THE RECEPTIONIST WHO GAVE EVIDENCE (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF CHAIRPERSON OR OF THE TRIBUNAL IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2014] NZHRRT 6 Reference No. HRRT 018/2011 UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN DML PLAINTIFF AND AARON MONTGOMERY FIRST DEFENDANT AND M & T ENTERPRISES LIM...

10. Wall - Part Rangatira 1A1A2 Hirhuharama Ponui Block (2007) 86 Taupo MB 1 (86 TPO 1) [pdf, 1.6 MB]

    ...purest possible motives: to protect the land from all external interierence. During the course of the hearing I put it to Mrs Bramley that if there are up to five pa sites located on the land, this would tend to indicate that the land was subject to human habitation and was not in it of itself a 15 hectare urupa or burial ground. She responded 86 Taupo MB 5 by stating that the dead were buried all over the land and that any development would unearth human remains. Mr Wilson for th...