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1. Auckland Standards Committee 1 v Hanif [2019] NZLCDT 13 [pdf, 156 KB]

   ...serious offences, and whose offending was said to have been facilitated by the practitioner’s offending. 4 subject of a conviction under the Immigration Act, described in the judgement (sic) of Judge Hikaka (at [14]) as “trafficking in human beings by deception”. Mr Ali was evidently in the practice of recruiting workers from Fiji and bringing them to New Zealand on a visitor visa, then setting them to work in his business in this country;3 (b) The three individuals in...

2. 20241211-Social-Security-Amendment-Bill.pdf [pdf, 196 KB]

   ...the freedom of expression is justified. Section 19 – Freedom from discrimination 12. Section 19(1) of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the prohibited grounds set out in s 21 of the Human Rights Act 1993. 13. Two factors must be met for discrimination to be identified under s 19(1): a. There is a differential treatment or effect as between persons or groups in analogous or comparable situations on the basis of a prohib...

3. Butcher v NZ Transport Agency [2022] NZHRRT 21 [pdf, 586 KB]

   Reference No. HRRT 019/2017 UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN STEPHEN GILBERT BUTCHER PLAINTIFF AND NEW ZEALAND TRANSPORT AGENCY FIRST DEFENDANT AND ATTORNEY-GENERAL IN RESPECT OF THE MINISTRY OF TRANSPORT SECOND DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines ONZM QC, Chairperson Ms MG Coleman, Deputy Chairperson Dr NR Swain, Member Sir RK Workman KNZM QSO, Member REPRESENTATION: Mr SG Butcher in person Mr P Rishworth QC and Mr M McKi...

4. BORA Hutt City Council (Graffiti Removal) Bill [pdf, 284 KB]

   ...ACT Freedom of expression 5. Section 14 of the Bill of Rights Act affirms the right to freedom of expression, which includes the freedom to seek, receive, and impart information and opinions of any kind and in any form. The right is as wide as human thought and imagination. [1] 6. Graffiti can be considered a form of expression and may fall under the protection of s 14 of the Bill of Rights Act. Removal of graffiti can be viewed as a prima facie limit on the right to freedom of expre...

5. BORA New Zealand Horticulture Export Authority Amendment Bill [pdf, 377 KB]

   ...affirmed in section 17 of the Bill of Rights Act. Section 19 – Freedom from discrimination 10. Section 19(1) of the Bill of Rights Act affirms the right to be free from discrimination on the prohibited grounds of discrimination set out in the Human Rights Act 1993. Those grounds include personal characteristics such as sex, nationality, citizenship and age. 11. Clause 31 of the Bill inserts new section 62, which allows regulations to be made prescribing fees that may be charged by t...

6. BORA Brokering (Weapons and Related Items) Control Bill [pdf, 199 KB]

   ...Bill of Rights Act: A Commentary (LexisNexis NZ Ltd, Wellington, 2015) at [23.4.19]; Paul Rishworth et al. The New Zealand Bill of Rights (Oxford University Press, Melbourne, 2003) at [675. http://www.justice.govt.nz/policy/constitutional-law-and-human-rights/human-rights/bill-of-rights/minimum-wage-starting-out-wage-amendment-bill#_ftn1 c. mens rea (a guilty mind) is a requirement of the offence. 13. The Bill contains two clauses providing that an offence will be committed if done...

7. BORA Education Amendment Bill [pdf, 200 KB]

   ...result of items found, or failure to produce and surrender items, will fall under current disciplinary processes. Students will continue to be able to raise concerns with the Principal or Board of the school, or with the Office of the Ombudsman or the Human Rights Commission. 10. We note that under new s 139AAF of the Bill, the Secretary for Education may make rules regulating the practice and procedure to be followed in exercising the powers in ss 139AAA to 139AAD, including the ke...

8. 2021-04-21 COES - SoE of M Sole [pdf, 54 KB]

   ...sustainably the environmental needs of the catchment and make appropriate allocations for community function, wellbeing and a steady state economy without sacrificing ecological health and function of the Manuherekia Rohe. 2 10 We understand the human need for water but we as community members have not been provided with the knowledge and understanding on the ecological needs and life sustaining operational thresholds for the Manuherekia and her tributaries. 11 Without the pre a...

9. BORA Social Security (Winter Energy Payment) Amendment Bill [pdf, 145 KB]

   ...the Bill of Rights Act Section 19(1) – Freedom from discrimination 8. Section 19(1) of the New Zealand Bill of Rights Act 1990 affirms that everyone has the right to freedom from discrimination on the prohibited grounds set out in s 21 of the Human Rights Act 1993. The grounds of discrimination under the Human Rights Act include employment status, which includes being unemployed or in receipt of a benefit. 9. A legislative provision will limit the right to freedom from discrimination...

10. Nuku v Police (Strike-Out) [2023] NZHRRT 1 [pdf, 94 KB]

    ...complained to the Office of the Privacy Commissioner and, subsequently, on 26 June 2017, filed a claim in this Tribunal against the Commissioner of Police (Police). 1 [This decision is to be cited as Nuku v Police (Strike-Out) [2023] NZHRRT 1.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2023] NZHRRT 1 I TE TARAIPIUNARA MANA TANGATA 2 Mr Nuku alleged that the Police decision to withhold material was in breach of the Privacy Act. Attached to his claim was correspondence he had with th...