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1. The Pae Ora (Healthy Futures) Bill [pdf, 179 KB]

   ...amounts to an unreasonable search in terms of s 21 of the Bill of Rights Act. Section 19 – Freedom from discrimination 20. Section 19(1) of the Bill of Rights Act affirms the right to freedom from discrimination on the grounds set out in the Human Rights Act 1993 (the Human Rights Act). The key questions in assessing whether there is a limit on this right are:4 2 See Hansen v R [2007] NZSC 7, [2007] 3 NZLR 1 (SC). 3 We discuss these offences further below at para 30 to 37 in...

2. Guo v PwC (Non-Party Discovery - Oral Hearing) [2020] NZHRRT 51 [pdf, 208 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2020] NZHRRT 51 I TE TARAIPIUNARA MANA TANGATA Reference No. HRRT 024/2016 UNDER THE PRIVACY ACT 1993 BETWEEN YAN GUO PLAINTIFF AND PRICEWATERHOUSECOOPERS DEFENDANT TRIBUNAL: Rodger Haines ONZM QC, Chairperson REPRESENTATION: Ms Y Guo in person assisted by Ms Li Yan (her mother) as McKenzie friend Mr TL Clarke for defendant Ms HC Stuart for CityMed Medical Centre Ltd (non-party)...

3. [2015] NZEmpC 169 Tertiary Education Union v Vice-Chancellor University of Auckland [pdf, 123 KB]

   ...(the TEU) in the Employment Relations Authority (the Authority). 2 [2] Clause 2 of the agreement sets out provisions relating to the review of a number of policies, including (for present purposes) the Academic Grades - Standards and Criteria Human Resources Policy dated June 2007 (the AGSC policy). The AGSC policy deals with appointments to and advancement within and between academic grades. 1 Academic Staff Collective Emp...

4. BORA Manukau City Council (Control of Street Prostitution) Bill [pdf, 417 KB]

   ...8. New Zealand and international jurisprudence supports the proposition that forms of expression that may be regarded as offensive or distasteful are nevertheless protected forms of expression. The Court of Appeal in Living Word Film Distributors v Human Rights Action Group[5] accepted the proposition that a fundamental aspect of the right to freedom of expression is that it extends to protecting all information and opinion, however offensive or distasteful. In reaching this decision, the...

5. LCRO 229/2015 ZM v BM, VJ, FR and XS QC [pdf, 120 KB]

   ...he had been domiciled in the European Union for several years; (d) no New Zealand based counsel he had contacted would agree to represent him because of his prior involvement with Mr GM; and (e) he invoked article 6 of the European Convention on Human Rights which, says Mr ZM, protects his right to a public hearing, and the right to access legal representation. [44] Mr ZM appears to be advancing argument that his difficulties in obtaining legal representation should provide him wi...

6. Brankin v CAC 10027 [2011] NZREADT 33 [pdf, 97 KB]

   ...lines on 29 April between Ms Martin and Mr Brankin. Tab 12: An extract in April 2009 between Mr Brankin and Ms Martin of eight lines. [4] The only other fact relevant to this decision is that the parties reached an agreed settlement in the Human Rights Commission over a claim by Ms Smith. Part of the settlement reached was an acknowledgement by all the parties that the tapes could be used in subsequent proceedings before this Tribunal. The Issues [5] There are a number of com...

7. [2020] NZIACDT 30 - DMX v Guich (20 July 2020) [pdf, 113 KB]

   ...the appeal in the IPT until 18 April 2018. The IPT advised him the following day that it was out of time. [12] The complainant and Mr Guich had a meeting on 29 May 2018. He apologised again for his mistake as to the deadline, attributing it to human error. Mr Guich offered a refund of the fee for the residence application, even though the error had concerned the appeal and not the application. He informed her of the procedure for complaints. Decision of the Tribunal [13] Th...

8. Fair Pay Agreements Bill [pdf, 268 KB]

   ...cl 123B are justified under s 5 of the Bill of Rights Act. Section 19 – Freedom from discrimination 31. Section 19(1) 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 (the Human Rights Act). 32. The key questions in assessing whether there is a limit on the right to freedom from discrimination are:14 (a) does the legislation draw a distinction on one of the prohibited grounds of...

9. Ween v Betty's Empire Ltd [2020] NZHRRT 48 [pdf, 212 KB]

   ...from Betty’s Empire Limited (Betty’s Empire) on 7 November 2018. She requested the shoes be sent to her work address at DJ4U in Mt Roskill, Auckland. 1 [This decision is to be cited as Ween v Betty’s Empire Ltd [2020] NZHRRT 48.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2020] NZHRRT 48 I TE TARAIPIUNARA MANA TANGATA 2 [2] On the same day, a Betty’s Empire employee sent Ms Ween’s on-line order receipt to her employer. [3] Ms Ween complained to Betty’s Empire’s abou...

10. LR v Accident Compensation Corporation (Claim for overseas rehabilitation costs) [2023] NZACC 29 [pdf, 183 KB]

    ...Bill of Rights, that meaning shall be preferred to any other meaning. Section 128 of the Accident Compensation Act should be read in light of the NZBORA. (e) Support for the Court adopting a rights-based approach in this case is found in the Human Rights Act 1993 and in the United Nations Conventions that are applicable to this matter (the International Covenant on Civil and Political Rights 1978; the Rights of the Child 1993; and the Rights of Persons with Disabilities 2008)....