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1. 2017 NZSSAA 017 (20 April 2017) [pdf, 166 KB]

   ...New Zealand Government, as part of its obligations under the United Nations quota refugee programme. New Zealand invited her to this country with full knowledge of her complex medical needs and is obliged to meet her fundamental entitlement to human dignity. Those circumstances do not make Ms XXXX’s situation different from others in the same position, however, the context usefully reminds us of the humanitarian standards New Zealand sets for itself. In the context of New Zealan...

2. Apostolakis v Gilbert (Late Interlocutory Applications) [2017] NZHRRT 54 [pdf, 238 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2017] NZHRRT 54 Reference No. HRRT 008/2016 UNDER THE PRIVACY ACT 1993 BETWEEN KATHY APOSTOLAKIS PLAINTIFF AND PETER GILBERT DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines QC, Chairperson Ms WV Gilchrist, Member Hon KL Shirley, Member REPRESENTATION: Mrs K Apostolakis in person Mr PC Gilbert in person DATE OF HEARING: 29 November 2017 DATE OF DECISION: 29 Nove...

3. BORA Parliamentary Privilege Bill [pdf, 315 KB]

   ...parliamentary privilege and, particularly, immunity for parliamentary statements serves a legitimate and, in fact, fundamental objective: 14.1 In Prebble, above, 10: “... the present case and Wright's case illustrate how public policy, or human rights, issues can conflict. There are three such issues in play in these cases: first, the need to ensure that the legislature can exercise its powers freely on behalf of its electors, with access to all relevant information; second, the...

4. Marshall v IDEA Services Ltd (Strike-Out Application) [2019] NZHRRT 21 [pdf, 262 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2019] NZHRRT 21 Reference No. HRRT 015/2017 UNDER THE PRIVACY ACT 1993 BETWEEN EAMON HENNING MARSHALL PLAINTIFF AND IDEA SERVICES LIMITED DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines ONZM QC, Chairperson Ms K Anderson, Member Dr SJ Hickey MNZM, Member REPRESENTATION: Mr GW Marshall as agent for his son Ms I Reuvecamp for defendants DATE OF HEARING: Heard on the papers...

5. CAC 403 v Optimize Realty Limited [2019] NZREADT 23 (6 June 2019) [pdf, 237 KB]

   ...had been noted by the auditor from occurring again in the future. That required a plan to be sent to it setting out how Optimize Realty proposed to change its business processes for this purpose. The defendant explained the errors on the basis of human error. [28] The explanation of human error does not take matters any further. It is plain that there were human errors. The real issue is how the Licensee, as the employer of the...

6. Incorporated Societies Bill.pdf [pdf, 170 KB]

   ...expression imposed by the Bill are justified under s 5 of the Bill of Rights Act. Section 19 – freedom from discrimination 16. Section 19 of the Bill of Rights Act concerns the right to be free from discrimination, on the grounds contained in the Human Rights Act 1993, which includes the ground of ‘age’. Under s 21 of the Human Rights Act, ‘age’ means any age commencing with the age of 16 years. 17. The key questions in assessing whether there is a limit on the right to fre...

7. WVU v Real Estate Agents Authority Jurisdiction Objection [2014] NZHRRT 49 [pdf, 56 KB]

   1 (1) INTERIM ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS OR IDENTIFYING PARTICULARS OF PLAINTIFF (2) INTERIM ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF CHAIRPERSON OR OF THE TRIBUNAL IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2014] NZHRRT 49 Reference No. HRRT 006/2014 UNDER THE PRIVACY ACT 1993 BETWEEN WVU PLAINTIFF AND REAL ESTATE AGENTS AUTHORITY FIRST DEFENDANT AND VALUER-GENERAL SECOND DEFENDANT AT AUCKLAND...

8. 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...

9. 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...

10. 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...