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1. BORA Budget Measures (Financial Support for Newborn Children) Bill [pdf, 295 KB]

   ...differentiates on the basis of income amounts to discrimination under section 19(1) of the Bill of Rights Act.7.The rights concerned under section 19(1) of the Bill of Rights Act is based on the prohibited grounds of discrimination set out in section 21 of the Human Rights Act 1993. Income level of a person is not one of the prohibited grounds and as such, we conclude that it does not amount to discrimination under section 19(1) of the Bill of Rights Act. Conclusion 8.We have conclud...

2. BORA Social Assistance (Debt Prevention and Minimisation) Amendment Bill [pdf, 366 KB]

   ...10. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. Melanie Webb Manager, Ministerial Advice Office of Legal Counsel Margaret Dugdale Policy Manager, Bill of Rights/Human Rights Public Law Group 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 Parliamen...

3. BORA Ngāti Koroki Kahukura Settlement Bill [pdf, 198 KB]

   ...of Rights Act. Excluding subsequent challenge is a legitimate incident of the negotiated settlement of claims. 6. Any limit on minority rights under s 20 of the Bill of Rights Act would be justified on the same basis. 7. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 Fisheries Settlement. The Committee found that the exclusion was consistent with articles 14 and 27 of the International Covenant of Civil and Political Rights, which are comparab...

4. BORA Overseas Investment (Restriction on Foreign Ownership of Land) Amendment Bill [pdf, 274 KB]

   ...land within New Zealand. CONSISTENCY WITH THE BILL OF RIGHTS ACT Freedom from discrimination 5. Section 19(1) of the Bill of Rights Act provides that everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993. The prohibited grounds of discrimination include ethnic or national origin, which includes nationality or citizenship. 6. The Bill prevents “overseas persons” from investing in sensitive land. The Bill defines �...

5. [2010] NZEmpC 54 Chen v NZ Sugar Co Ltd [pdf, 42 KB]

   ...instead of 4.00 pm to avoid traffic. Ms Gilroy agreed to him leaving early on Fridays as a compromise but apparently Mr Chen was not happy that his request was not fully granted. [12] Matters came to a head in December 2007 when the then Human Resources Manager for NZ Sugar, Ms Catriona Strong, overheard Mr Chen speaking rudely to Ms Gilroy. This related to an issue of Mr Chen being asked to deliver a Christmas gift received from a customer to the human resources depart...

6. BORA Food Safety Law Reform Bill [pdf, 142 KB]

   ...Wine Act 2003 to address recommendations of the Independent Government Inquiry into the Whey Protein Concentrate Contamination Incident (‘the Inquiry’). 5. The Bill’s main objective is to make improvements to the food safety system so that human health is protected and New Zealand’s domestic and international reputation is maintained and strengthened. Although the Inquiry focused on the diary industry, the Bill seeks to harmonise implementation of the Inquiry’s recommendations...

7. BORA Income Tax Bill [pdf, 399 KB]

   ...necessary for the proper administration of the tax system. SECTION 19(1) OF THE BILL OF RIGHTS ACT 10. Section 19(1) of the Bill of Rights Act states: Everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993. 11. The key questions in assessing whether discrimination under section 19 exists are: i. does the legislation draw a distinction based on one of the prohibited grounds of discrimination; and ii. does the distinction...

8. [2016] NZSSAA 009 (2 March 2016) [pdf, 19 KB]

   ...assistance was forthcoming. He believes that Work and Income have an obligation to provide him with assistance in his job-seeking. 2 [4] In particular, the appellant believes that there was a misrepresentation of his skill-set by the Human Resources/Recruitment arm of the Ministry. Work and Income should have stepped in to resolve this misrepresentation, thereby increasing the appellant’s prospects of obtaining employment with the Ministry. Decision [5] In response to a...

9. Director of Proceedings v Taikura Trust [2012] NZHRRT 3 [pdf, 37 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2012] NZHRRT 3 Reference No. HRRT 024/2011 UNDER SECTION 50 OF THE HEALTH AND DISABILITY COMMISSIONER ACT 1994 BETWEEN DIRECTOR OF PROCEEDINGS PLAINTIFF AND TAIKURA TRUST DEFENDANT AT AUCKLAND Mr RPG Haines QC, Chairperson Mr GJ Cook JP, Member Dr S Hickey, Member Aaron Martin, Director of Proceedings Duncan McGill for Taikura Trust DATE OF DECISION: 22 March 2012 DECISIO...

10. BORA Ngāti Pāhauwera Treaty Claims Settlement Bill [pdf, 282 KB]

    ...claims. 5. Similarly, in so far as the exclusion of subsequent challenge could be said to limit the claimant’s rights under s 20 of the Bill of Rights Act, [3] it would likewise be justified under s 5 on the same basis. 6. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 Fisheries Settlement, which was similarly an incident of a negotiated settlement, as consistent with the right of access to the courts as affirmed by art 14(1) of the International...