Butcher v NZ Transport Agency [2022] NZHRRT 21 [pdf, 586 KB]
...justified in a free and democratic society. [53] Part 1A does not define discrimination. Rather, what amounts to discrimination contrary to s 19 of the Bill of Rights Act has been judicially determined. That test is that set out by the Court of Appeal in Ministry of Health v Atkinson [2012] NZCA 184, [2012] 3 NZLR 456 (Atkinson) at [55], [109] and [135]-[136]: [53.1] First, there must be differential treatment or effects as between persons or groups in analogous or comparable situati...