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1. BORA Public Works (Prohibition of Compulsory Acquisition of Māori Land) Amendment Bill [pdf, 268 KB]

   ...Consistency of the Bill with the Bill of Rights Act Section 19 – Right of freedom from discrimination 4. 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. 5. Section 19(1) provides the right to freedom from discrimination on the grounds set out in section 21 of the Human Rights Act 1993. These grounds include race and ethnic or national origins. 6. The key quest...

2. BORA Children, Young Persons, and Their Families Amendment Bill [pdf, 138 KB]

   ...the Bill of Rights Act Section 19(1) - Right to be free from discrimination on the basis of national origin 6. Section 19 of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the grounds set out in the Human Rights Act 1993. These grounds include age, which means any age commencing with the age of 16 years. 7. The key questions in assessing whether there is a limit on the right to freedom from discrimination are: 1 a. does the legislati...

3. BORA Social Security (Stopping Benefit Payments for Offenders who Repeatedly Fail to Comply with Community Sentences) Amendment Bill [pdf, 288 KB]

   ...of the Bill with the Bill of Rights Act Section 19 – right to freedom from discrimination 6. Section 19 of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the prohibited grounds in section 21 of the Human Rights Act 1993. The grounds of discrimination under the Human Rights Act include employment status, which includes being on a benefit. 7. A legislative provision will limit the right to freedom from discrimination if: a. the legisla...

4. BSA newsletter Mar 2021 v2 [pdf, 374 KB]

   ...Karak Harnessing behavioural science in public health campaigns to maintain ‘social distancing’ in response to the COVID-19 pandemic: key principles by Chris Bonell et al Who are we? Almost everything done within the Justice Sector involves human behaviour, whether it is requiring people to pay their fines, supporting people to stick to their parole conditions, or preventing crimes. We often expect people to respond predictably to laws or incentives without considering all th...

5. BORA Electoral Amendment Bill [pdf, 133 KB]

   ...United v Federal Election Commission, 558 US 310 (2010). 2 See General Comment on the right to participate in public affairs, voting rights and the right of equal access to public service CCPR/C/21/Rev.1/Add.7, paras. 19 & 25 (United Nations Human Rights Committee); Bowman v United Kingdom (1998) 26 EHRR 1, [43] and Animal Defenders International v United Kingdom (App No 48876/08 (GC)) [106]-112] (European Court of Human Rights); and Libman v Quebec (Attorney-General) [1997] 3 SCR 569...

6. Taylor v Corrections (Strike-Out Application) [2021] NZHRRT 1 [pdf, 139 KB]

   ...board record. The PTMS record of the conversation was also seen by Parole Board members, who assessed Mr Taylor’s parole eligibility. 1 [This decision is to be cited as Taylor v Corrections (Strike-Out Application) [2021] NZHRRT 1.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2021] NZHRRT 1 I TE TARAIPIUNARA MANA TANGATA 2 [2] On 10 March 2017 Mr Taylor requested the Parole Board to provide him with an audio copy of the telephone conversation between him and his friend. This reque...

7. BORA Summary Offences (Graffiti) Amendment Bill [pdf, 394 KB]

   ...an offence to sell a paint spraycan to any person under 18 years of age. The age restriction is a prima facie limit on the right against discrimination on the grounds of age under section 19(1) of the Bill of Rights Act and section 21(1)(i) of the Human Rights Act 1993("HRA"). 4. It is therefore necessary to consider whether the age restriction is justifiable under section 5 of the Bill of Rights Act. In applying section 5, it is necessary to consider whether the prima facie ag...

8. Reid v Fire Services and Crown Law (Recall Application) [2012] NZHRRT 27 [pdf, 95 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2012] NZHRRT 27 Reference No. HRRT 058/2007 IN THE MATTER OF A CLAIM UNDER THE PRIVACY ACT 1993 BETWEEN JAMES ROBERT REID PLAINTIFF AND NEW ZEALAND FIRE SERVICE COMMISSION FIRST DEFENDANT AND CROWN LAW OFFICE SECOND DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines QC, Chairperson Hon KL Shirley, Member Dr SJ Hickey, Member REPRESENTATION: JR Reid in person PA McBride for First Defenda...

9. BORA Employment Relations (Protection of Young Workers) Amendment Bill [pdf, 290 KB]

   ...the definition of employee under the Act (cl 5). Consistency with the right to Freedom from Discrimination 5. Section 19(1) of the Bill of Rights Act affirms the right of everyone to be free from discrimination on the grounds set out in the Human Rights Act 1993. The grounds of discrimination are set out in s 21 of that Act, and include age (commencing at 16 years of age). 6. A provision may limit the right to freedom from discrimination where: a. it draws a disti...

10. Dooley v Canterbury District Health Board (Strike-Out Application) [2018] NZHRRT 34 [pdf, 167 KB]

    ...have applied to have these proceedings struck out on the grounds: 1 [This decision is to be cited as Dooley v Canterbury District Health Board (Strike-Out Application) [2018] NZHRRT 34.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2018] NZHRRT 34 2 [1.1] Mr Dooley has failed to comply with timetable orders which required him to file and serve particulars by 29 April 2016. [1.2] Despite reminders from the Tribunal, Mr Dooley has continued...