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1. Proactive release - Real Estate Authority (Licensing) Amendment Regulations 2021 [pdf, 1.8 MB]

   ...between publication and the Regulations coming into force. Compliance 10 These regulatory changes comply with: 10.1 the principles of the Treaty of Waitangi; 10.2 the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 10.3 the principles and guidelines set out in the Privacy Act 2020; I N C O N F I D E N C E 2 4590ig8zer 2022-03-04 10:30:15 RE LE AS ED B Y TH E AS SO CI AT E MIN IS TE R OF JU ST IC E I N C...

2. BORA Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Bill [pdf, 289 KB]

   ...for holders of debt. Consistency with s 19(1) (Freedom from Discrimination) 4.Section 19(1) of the Bill of Rights Act affirms that everyone has the right to be free from discrimination on the prohibited grounds of discrimination set out in the Human Rights Act 1993, including national origin and family status. 5.New rules for withdrawals from foreign superannuation schemes affect, in particular, New Zealand residents who are new migrants, returning New Zealanders who have spent a nu...

3. BORA Ngati Mutunga Claims Settlement Bill [pdf, 356 KB]

   ...agreement. The same justification would apply to those persons (if any) within the iwi who dispute the mandate or the settlement process. 7. This analysis is consistent with advice concerning the effect of other settlements[2] and the ruling of the Human Rights Committee of the United Nations on the Fisheries Settlement and Article 14 of the ICCPR.[3] Section 27(3) Issue 8. Clause 23(3) of the Bill raises the issue of compliance with s 27(3) of the Bill of Rights, namely the right...

4. BORA Royal Succession Bill [pdf, 285 KB]

   ...example, Bernadotte v Sweden ECtHR App no 69688/01, 3 June 2004. 6 The prohibited grounds of discrimination under s 19 of the Bill of Rights Act include sex, religious belief, and family status (which includes being married to a particular person): Human Rights Act 1993, s 21(a), (c) and (l). The Bill of Rights Act also protects the right to freedom of religion in s 13. Discrimination arises if there is difference in treatment on the basis of one of the prohibited grounds of discrimin...

5. BORA - Oranga Tamariki Legislation Bill 2019 [pdf, 82 KB]

   ...but not infringed by this Bill 4. Any legislation prescribing age-limits invites consideration of s 19 of the Bill of Rights Act, which guarantees the right to be free from discrimination on any of the prohibited grounds of discrimination in the Human Rights Act 1993, one of which is age. 5. The test for discrimination in the present context is whether the Bill causes differential treatment on the basis of age between persons in comparable situations, causing a material disadvantage...

6. NZPB position description December 2021 [doc, 40 KB]

   ...justice system · experience in an executive decision-making role and/or in working within a statutory framework · the ability to cope with stressful situations and potentially disturbing information · a mature outlook and the ability to assess human nature accurately · sensitivity to, and understanding of, the impact of crime on victims · knowledge of the New Zealand Bill of Rights and international treaty obligations. Analytical skills Members must be able to: · assimilate large a...

7. Compensation Guidelines for Wrongful Conviction and Detention [pdf, 97 KB]

   ...intended application of the Compensation Guidelines, and b amend the Guidelines to clarify their application. You can find explanatory material about the Guidelines here: https://www.justice.govt.nz/justice-sector- policy/constitutional-issues-and-human-rights/miscarriages-of-justice/compensation-for-wrongful-conviction-and- detention Compensation Guidelines for Wrongful Conviction and Detention 28 February 2023 https://www.justice.govt.nz/justice-sector-policy/constitutional...

8. BORA Resource Management and Electricity Legislation Amendment Bill [pdf, 32 KB]

   ...is also attached for referral to the Minister for the Environment and Hon Dr Michael Cullen, Leader of the House, if you agree. Roger Palariet Boris van Beusekom Acting Chief Legal Counsel Senior Adviser Office of Legal Counsel Bill of Rights/Human Rights Team cc Minister of Justice Minister for the Environment Leader of the House In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-Gen...

9. Social Security (Subsequent Child Policy Removal) Amendment Bill [pdf, 156 KB]

   ...Consistency of the Bill with the Bill of Rights Act Section 19(1) – freedom from discrimination 8. Section 19(1) of the Bill of Rights Act affirms that everyone has the right to be free from discrimination on the grounds set out in s 21 of the Human Rights Act 1993, which includes sex and race. Legislation may give rise to discrimination under s 19(1) if it draws a distinction based on one of the prohibited grounds of discrimination and the distinction involves disadvantage to one or...

10. BORA Freedom Camping Bill [pdf, 321 KB]

    ...25(c) (right to be presumed innocent until proved guilty) of the Bill of Rights Act. Our analysis is set out below. Purpose 3. The purpose of the Bill is to address some of the negative effects of freedom camping, such as the leaving behind of human waste and litter, which cause problems for local residents and costs for local authorities and the Department of Conservation. 4. The Bill achieves its purpose by creating an infringement regime in relation to freedom camping on local auth...