scholarly journals The Video Camera Surveillance (Temporary Measures) Act 2011: An Unprecedented Licence to Search

2013 ◽  
Vol 44 (1) ◽  
pp. 221
Author(s):  
Harriet Bush
Keyword(s):  
New Zealand ◽  
Video Surveillance ◽  
Video Camera ◽  
The State ◽  
Search And Seizure ◽  
Court Decisions ◽  
Bill Of Rights ◽  
Ratio Decidendi ◽  
The Right ◽  
Camera Surveillance

This article examines the Video Camera Surveillance (Temporary Measures) Act 2011 which was passed as a result of the Supreme Court's decision in the case Hamed v R. This Act provided that a search was not unlawful simply because video surveillance was used. The article explores the previous court decisions on the lawfulness of police use of covert video surveillance in order to ascertain whether the premise upon which the Act was based, that video surveillance was lawful before Hamed v R, was correct. It then looks at the ratio decidendi of Hamed v R and the potential wider implications of this judgment. Finally, it assesses the state of the law under the Video Camera Surveillance (Temporary Measures) Act and whether this Act limited the right to be free from unreasonable search and seizure which is contained in s 21 of the New Zealand Bill of Rights Act 1990.

scholarly journals À la recherche d'une protection efficace contre les inspections abusives de l'État : la Charte québécoise, la Charte canadienne et le Bill of Rights américain

2005 ◽  
Vol 27 (4) ◽  
pp. 723-784
Author(s):  
Lucie Angers
Keyword(s):  
United States ◽  
Human Rights ◽  
The United States ◽  
The State ◽  
Private Life ◽  
Search And Seizure ◽  
Bill Of Rights ◽  
Protection Of Human Rights ◽  
The Right ◽  
Proper Operation

Many laws in Canada and Québec grant rights of entry to inspectors responsible for looking after the proper operation of structures implemented by the State. From heavily regulated industrials to permit holders and simple citizens, everyone can expect someday to be paid a visit by an inspector. The question arises, however, as to whether the Canadian Charter of Rights and Freedoms and the Québec Charter of Human Rights and Freedoms may be resorted to so as to exercise control over possible abuses resulting from such inspections. These Charters provide security for the person against the State in these areas whether through the right to be protected from unreasonable search and seizure, the right to a private life or to the inviolability of the home. However, the means by which such rights shall be adequately protected are somewhat uncertain. Should this be done by the granting of an administrative warrant issued ex parte as in the United States ? Or by granting the same kind of warrant in the presence of both parties ? The granting of administrative subpoenas also may be a solution to be considered. But for both legal and administrative reasons, it seems that the best control to exercise over these entries would come from drafting well-defined powers of inspection into the law granting them, which would provide an adequate protection of human rights and freedoms.

scholarly journals IS CYBER SEARCH AND SEIZURE UNDER THE CYBERCRIMES AND CYBERSECURITY BILL CONSISTENT WITH THE PROTECTION OF PERSONAL INFORMATION ACT?

Obiter ◽  
2016 ◽  
Vol 37 (3) ◽  
Author(s):  
Melody Musoni
Keyword(s):  
Personal Information ◽  
The State ◽  
Search And Seizure ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Constitutional Right ◽  
The Right

The focus of this note is to analyze whether the Cybercrimes and Cybersecurity Bill provides a harmonization between search and seizure and the constitutional right to privacy. This will be achieved by discussing the State powers of search and seizure in cyberspace vis-à-vis the right to privacy as envisaged in the Protection of Personal Information Act. Further, this note investigates whether the Cybercrimes and Cybersecurity Bill achieves the purpose of combatting cybercrimes without the infringement of the right to privacy. Subsequently, the article provides plausible recommendations on how the State should lawfully conduct searches and seizures of articles related to cybercrimes.

scholarly journals Censoring cyber-bullies: Is the Harmful Digital Communications Bill a justified limitation on the right to freedom of expression?

2021 ◽  
Author(s):  
◽  
Annie O'Connor
Keyword(s):  
New Zealand ◽  
Public Interest ◽  
Digital Communication ◽  
Freedom Of Expression ◽  
Digital Communications ◽  
Bill Of Rights ◽  
Criminal Offence ◽  
Online Abuse ◽  
The Right

<p>Harmful Digital Communications have become a pervasive and serious problem in New Zealand. The Harmful Digital Communications Bill aims to address this problem in a number of ways. This paper focuses on the civil enforcement regime and the criminal offence of causing harm by posting a digital communication established by the Bill. It considers these aspects of the Bill in light of the right to freedom of expression, and analyses whether they constitute a justified limitation on that right. By applying the New Zealand Bill of Rights Act 1990 section 5 analysis from Hansen v R, the paper discovers that the civil enforcement regime is a justified limitation, but the new criminal offence is not. The paper concludes that the inclusion of a public interest defence in the offence would allow it to effectively ameliorate the harm caused by online abuse without impinging on freedom of expression more than is reasonably necessary.</p>

General Limitations on the 'Right to Fire' in New Zealand

1982 ◽  
Vol 24 (4) ◽  
pp. 517-534
Author(s):  
A.J. Geare
Keyword(s):  
New Zealand ◽  
Common Law ◽  
Current Situation ◽  
Court Decisions ◽  
Statutory Protection ◽  
The Common ◽  
The Right

This paper examines the development in the limitations imposed on employers' right of dismissal in New Zealand from the time when only the common law restrictions applied, through the first ineffectual statutory limitations, to the current situation. The paper analyses the current statutory protection against unjustifiable dismissal with reference to recent Arbitration Court decisions, discussing its implications, achievements and shortcomings.

scholarly journals An Integrated Approach to Redistribution: Issues of Policy, Economics and Information

2021 ◽  
Author(s):  
◽  
Mark Prebble
Keyword(s):  
New Zealand ◽  
Policy Development ◽  
Personal Information ◽  
Integrated Approach ◽  
Well Being ◽  
The State ◽  
Philosophical Foundations ◽  
The Government ◽  
The Individual ◽  
The Right

<p>This thesis considers how best to administer redistribution policies. It focuses particularly on the information needed to assess relative circumstances, the implications of the government collecting such information, and processes by which the appropriate information may be assembled and assessed. In New Zealand, as with many other OECD nations, the Government's redistribution policies are administered through a range of different agencies, with duplication in some areas and gaps in others. An integrated approach to redistribution systems may offer a means to improve equity and efficiency. Part One discusses the assessment of relative well-being, and adopts the choice set as the intellectual device for this purpose. The time period for the assessment of income is examined in detail, with the conclusion that a long period should be used except where the individual is constrained to operate under a short time horizon. A new concept of "bankability" is developed as a means of identifying those operating under such constraints. Part Two uses the philosophical foundations of the value of privacy to develop a new statement of the right to privacy, such that everyone should be protected against the requirement to divulge information, unless that information is the "business" of another party. A view on the business of the state depends on one's ideology of the state. Since it is generally accepted in New Zealand in the late twentieth century that the state has a role in redistribution, the state has some right to collect information for that purpose. However, the rights of the state are moderated by the existence of a common law tradition of respect for individuals. A set of criteria for evaluating redistribution systems is devised in Part Three. These criteria, which include consideration of the information to be collected, individual control over personal information, and administrative simplicity, are then used to identify significant weaknesses in the systems currently used in New Zealand. The main problems identified are the collection of inadequate information, duplication, and complex institutional structures; the main virtue of the current systems is that information provided is only used for the purpose for which it was provided. An alternative approach is outlined which would address the problems while retaining the current protection of privacy interests. This thesis is a mix of inter-disciplinary academic enquiry and policy development. Part One is an amalgam of economic and philosophical approaches, Part Two involves philosophy and politics, and Part Three applies the theoretical considerations to issues of public administration.</p>

scholarly journals A decay of rights: The decision in New Health New Zealand Inc v South Taranaki District Council

2021 ◽  
Author(s):  
◽  
Rose Louise Goss
Keyword(s):  
United States ◽  
New Zealand ◽  
Medical Treatment ◽  
Bill Of Rights ◽  
Water Supplies ◽  
Legal Development ◽  
District Council ◽  
Definition Of ◽  
The Right ◽  
Right To Refuse

<p>The decision in New Health New Zealand Inc v South Taranaki District Council is the most recent legal development in the New Zealand debate about fluoridation of public water supplies. That decision centred on the interpretation of section 11 of the New Zealand Bill of Rights Act, the right to refuse medical treatment. The Court held that the fluoridation in question was legal, and reached a limited definition of medical treatment that did not encompass fluoridation. This paper analyses the reasoning leading to that interpretation, concluding that the decision is problematic and that the definition of s 11 needs to be remedied. The use of the wording of s 11 to limit the definition of medical treatment was inappropriate, as was the policy reasoning used to support that limitation. The structure of reasoning followed exacerbated these issues and adhered too closely to the reasoning in United States cases. Furthermore, the application of a de minimis threshold was conducted without adequate scrutiny, and such a threshold should not be applied to s 11.</p>

Fixers and Framers: Reconsidering the Sources and Meaning of the American Founding

2020 ◽  
pp. 1-13
Author(s):  
Max M. Edling
Keyword(s):  
Freedom Of Religion ◽  
Search And Seizure ◽  
Bill Of Rights ◽  
American Founding ◽  
Checks And Balances ◽  
The Third ◽  
The Us ◽  
Single Entry ◽  
Us Constitution ◽  
The Right

In Unruly Americans and the Origins of the Constitution, Woody Holton recounts how he introduces his students to the framing of the US Constitution by playing a game. Dividing the blackboard into three sections, he invites his students to shout out their favorite clauses of the Constitution. Holton enters the clauses in the columns and asks his students to label them. Clauses like freedom of religion and speech, freedom from illegal search and seizure, and the right to bear arms end up in the third column, which the students soon recognize as the Bill of Rights. In the first column are clauses taken over from the Articles of Confederation. The second column, which typically ends up with the single entry of “checks and balances,” is the Constitution without amendments. Students struggle to label the first and second columns correctly. When they finally do, they are struck by the fact that the most popular clauses of the Constitution are not in the original document.

The Need for a Constitution in the United Kingdom

1979 ◽  
Vol 14 (3) ◽  
pp. 269-285
Author(s):  
Wilberforce
Keyword(s):  
United Kingdom ◽  
New Zealand ◽  
Legal System ◽  
Common Law ◽  
Bill Of Rights ◽  
The United Kingdom ◽  
Flexible Instrument ◽  
The Common ◽  
Definition Of ◽  
The Right

I was not surprised when, from several alternative subjects, you chose, as the title of my Lecture, the need for a Constitution in Britain. Those of us without a written constitution are indeed, a select club—New Zealand, Israel, the United Kingdom.I will start with a quotation from Lord Salmon. In a recent lecture, he said: In this country [U.K.] we have an unwritten constitution. I have always regarded this as a blessing and never agreed with the theoretical objections to it. It is superbly flexible and above all it has stood the test of time. It works—and works admirably. But I am beginning to wonder whether it might not be wise to evolve, not an elaborate written constitution but perhaps the equivalent of a modern Bill of Rights. A statute which should lay down our basic freedoms, provide for their preservation and enact that it could not be repealed save by, say, a 75% majority of both Houses of Parliament.One can recognize in this passage the views of an eminent common lawyer, believing in the strength and potentialities of the common law as a flexible instrument, in, of course, the right hands: of one who believes deeply in human freedom, and who is concerned about the threat to it: who desires an explicit definition of the basic liberties and who believes that these can be protected by a sufficiently strong, entrenched, legal system. In this he undoubtedly reflects the views of many people, probably of the majority of ordinary men.

scholarly journals Public nudity and the right to freedom of expression: Balancing competing interests

2021 ◽  
Author(s):  
◽  
Laura Mary Lincoln
Keyword(s):  
New Zealand ◽  
Supreme Court ◽  
Freedom Of Expression ◽  
Attorney General ◽  
Case Law ◽  
Bill Of Rights ◽  
Competing Interests ◽  
Current Test ◽  
The Right

<p>With little case law concerning nudity and the right to freedom of expression, this paper aims to uncover the appropriate frameworks to be used to determine the following questions: (a) when is public nudity “expression” for the purposes of s 14 of the New Zealand Bill of Rights Act 1990, and (b) in what circumstances involving “expressive” public nudity would it be reasonable and demonstrably justifiable to limit the right to freedom of expression using s 4(1)(a), as per s 5 of the Bill of Rights Act? As regards the first of these questions, this paper critiques the current test in use in New Zealand for determining whether conduct is expression – the test developed by the Canadian Supreme Court in Irwin Toy Ltd v Attorney-general (Quebec) – and advocates for the adoption of a purposive approach to determining the scope of the right to freedom of expression. As for the second of these questions, this paper advocates for the adoption of “the modified Hansen sequence” proposed by Professor Claudia Geiringer. This paper then uses recent examples of public nudity involving naturists and protestors to test these frameworks and to illustrate how they would operate in practice.</p>

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