Search Results

1. [2021] NZREADT 47 - Cavanagh (25 August 2021) [pdf, 258 KB]

   ...functions in the public interest. She referred to discussions of costs orders in the context of the provisions of the Lawyers and Conveyancers Act 2006 and Health and Disability Commissioner Act 1994. She submitted that the usual approach of the Human Rights Review Tribunal is that costs are not routinely awarded to the successful party. [13] Ms Casey also submitted that in the present case, the Registrar was successful on a “key issue” in the appeal, namely that the Tribunal...

2. Privacy-European-Union-Adequacy-Status [pdf, 1.6 MB]

   ...implications, when developing the detailed proposals for amending the Privacy Act. Population implications 38. My officials will consider the impacts on specific population groups when developing the detailed proposals for amending the Privacy Act. Human Rights 39. A formal human rights assessment will be part of the next stage of work. I anticipate that any changes proposed will enhance individuals’ privacy rights, and so support the advance of their human rights protections....

3. Proactive release – Anti-Money Laundering and Countering Financing of Terrorism (Prescribed Transactions Reporting) Amendment Regulations 2022 [pdf, 408 KB]

   ...notified in the New Zealand Gazette. Compliance 11 The Order in Council complies with each of the following: 11.1 the principles of the Treaty of Waitangi; 11.2 the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 or the Human Rights Act 1993; 11.3 the principles and guidelines set out in the Privacy Act 2020 11.4 relevant international standards and obligations; 11.5 the Legislation Guidelines (2021 edition), which are maintained by the Legislation...

4. 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...

5. Consultation on a new Adjudication Act for New Zealand [pdf, 1.1 MB]

   ...E N C E Climate Implications of Policy Assessment 28 There are no climate implications. Population Implications 29 I will report back after consultation with any positive or negative population implications from the proposed legislation. Human Rights 30 The proposal to consult does not give rise to any New Zealand Bill of Rights Act 1990 or Human Rights Act 1993 implications. The proposal may have positive implications for human rights if it successfully frees up the courts to...

6. Russia Sanctions Bill [pdf, 180 KB]

   ...objective, and engages rights in ways that are minimally limiting and proportionate to the importance of the objective.2 1 Section 19 of the Bill of Rights Act affirms the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993. Section 21 of the Human Rights Act lists the prohibited grounds of discrimination. These include “ethnic or national origin, which includes nationality or citizenship” (see s 21(g) Human Rights Act). 2 Hanse...

7. Turner v University of Otago [2021] NZHRRT 18 [pdf, 443 KB]

   ...Background to the requests [2] The Employment Relations Authority [7] The complaint to the Privacy Commissioner [10] Delay [13] Legislative changes [14] 1 [This decision is to be cited as Turner v University of Otago [2021] NZHRRT 18.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2021] NZHRRT 18 I TE TARAIPIUNARA MANA TANGATA 2 REQUESTS FOR ACCESS TO PERSONAL INFORMATION – THE LEGAL OBLIGATIONS ON AN AGENCY UNDER THE PRIVACY ACT 1993 [17] Information privacy principle 6 [19] Deci...

8. OIA-119799.pdf [pdf, 4.2 MB]

   ...including the right to consult and instruct a lawyer without delay. This provision is intended to prevent the state’s power to detain being used in a coercive manner. NZBORA requires that every person ‘deprived of liberty’ shall be treated with humanity and with respect for the inherent dignity of the person (section 23(5)). (b) Search and seizure 53. Every person has the right to be secure against unreasonable search and seizure (section 21 NZBORA). The right protects values inclu...

9. OIA-120238.pdf [pdf, 4.2 MB]

   ...including the right to consult and instruct a lawyer without delay. This provision is intended to prevent the state’s power to detain being used in a coercive manner. NZBORA requires that every person ‘deprived of liberty’ shall be treated with humanity and with respect for the inherent dignity of the person (section 23(5)). (b) Search and seizure 53. Every person has the right to be secure against unreasonable search and seizure (section 21 NZBORA). The right protects values inclu...

10. [2014] NZEmpC 40 Dumolo v Lakes District Health Board [pdf, 157 KB]

    ...Removal of organisational property without authorisation on 24 April 2010, i.e. unauthorised removal of Lakes District Health Board property/dishonesty. The meeting was attended by yourself; your representative, Dr Lloyd Lang; Hannes Schoeman, Human Resource Manager; and myself. As discussed at the meeting, regarding the first allegation, it was decided to give you the benefit of the doubt that the write protect on the back-up tape may have moved halfway to the “off position�...