Search Results

1. [2021] NZEnvC 096 Northland District Health Board v Northland Regional Council [pdf, 9.7 MB]

   ...comments and other decisions about Te Mana o te Wai and the need to protect not only our waters but our biodiverse ecotones from further loss. [35] Beyond this, the Health Board is particularly concerned at the potential for agrichemicals to affect humans. They note that the Northland population is among the most deprived in New Zealand and that many of these most deprived populations are near or adjacent to rural areas. Accordingly, the Health Board is concerned that there are al...

2. BORA Lawyers and Conveyancers Amendment Bill [pdf, 322 KB]

   ...the office of QC. The scope of s 17 11. The scope of the protected right in s 17 is not well-settled. There is a difference in approach between the Canadian jurisprudence and the European and United Nation cases under the European Convention on Human Rights and the International Covenant on Civil and Political Rights. The difference is approach is not clearly acknowledged or considered, and is further complicated by a possible third approach indicated by a recent decision of the Hou...

3. CCRC Newsletter March 2020 [pdf, 210 KB]

   ...working in an area that I have long had an interest in. As good as our justice system is, it is not perfect, as I have observed over my many years as a barrister. I believe it is critical that victims of a miscarriage of justice are dealt with fairly and humanely, recognising too the interests of the victims of crime. New Zealand is fortunate in being able to draw on the work of similar commissions in England, Scotland and Norway. We also have an Establishment Advisory Group, which I wi...

4. BORA New Zealand Superannuation and Veteran's Pension (Entitlements of Spouses and Partners of People in Long-Term Residential Care and Remedial Matters) Bill [pdf, 282 KB]

   ...under the Bill and will continue to receive the single or single living alone rate of superannuation or veteran's pension. Jeff Orr Chief Legal Counsel Office of Legal Counsel Stuart Beresford Principal Legal Advisor Bill of Rights/Human Rights Team 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 of...

5. BORA Films, Videos and Publications Classification Amendment Bill [pdf, 104 KB]

   ...the publication contains offensive language and exposure to the publication would be harmful to persons under that age (clause 8); 2.9 amends existing classification criteria so that the use of urine or excrement in association with degrading or dehumanising conduct or sexual conduct will not result in a publication being deemed "objectionable", but will instead be a factor that must be given particular weight in reaching a classification decision (clause 4); 2.10 includes pro...

6. Dotcom v Crown Law Office (AVL) [2017] NZHRRT 13 [pdf, 229 KB]

   1 (1) ORDER PROHIBITING PUBLICATION OF ALL INFORMATION RELATING TO PLAINTIFF’S MEDICAL CIRCUMSTANCES (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE TRIBUNAL OR OF THE CHAIRPERSON IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2017] NZHRRT 13 Reference No. HRRT 047/2016 UNDER THE PRIVACY ACT 1993 BETWEEN KIM DOTCOM Plaintiff AND CROWN LAW OFFICE First Defendant CONT. AT WELLINGTON BEFORE: Mr RPG...

7. LCRO 150/2016 DN v [Area] Standards Committee (14 November 2018) [pdf, 182 KB]

   ...not be deprived of this important document. That is a value judgment which lawyers of good standing should recognise. [15] A passport ensures a person’s freedom of movement throughout the world. Article 13 of the Universal Declaration of Human Rights provides: everyone has the right to leave any country including his own and to return to his country. [16] Mr DN has affected the rights of his client and his client’s children. That is unacceptable conduct. [17] Following...

8. BT v YB LCRO 128 / 2010 (26 May 2011) - Costs Decision [pdf, 66 KB]

   ...application for costs. Submissions were sought from the parties and have now been received. This is the decision on that application for costs. The Applicant’s submissions [3] The Applicant expresses the view that he was exercising his basic human right to question and challenge a decision which is believed to be incorrect. 2 [4] He is disappointed as to the review decision, and adamantly maintains the position that all other parties were “wrong” to advise that pro...

9. Getting your child back from overseas [pdf, 609 KB]

   ...views to be considered • the child is settled in the new country and has been living there for more than 12 months • the key requirements of the Convention have not been met • returning the child would breach their fundamental freedoms and human rights. If the child is not to be returned, it may be possible to ask for contact with a child under the Convention. What to do if you are asked to return a child If a person has named you as the person who has taken or kept a child, yo...

10. BORA Central North Island Forests Land Collective Settlement Bill [pdf, 274 KB]

    ...provision for non-parties to that agreement. 6.2 In that context, exclusion of jurisdiction in respect of the claims, settlement deed and the Bill is an integral part of the settlement process. 7. I note, in this respect, the view of the United Nations Human Rights Committee that a similar exclusion under the Fisheries Settlement, in the context of a negotiated settlement, was consistent with the right of access to the courts under art 14(1) of the International Covenant on Civil and Po...