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1. 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...

2. 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...

3. 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...

4. 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...

5. 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...

6. 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...

7. [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�...

8. Hide v Official Assignee (Confidentiality Claim) [2019] NZHRRT 1 [pdf, 302 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2019] NZHRRT 1 Reference No. HRRT 035/2016 UNDER THE PRIVACY ACT 1993 BETWEEN RODNEY PHILIP HIDE PLAINTIFF AND OFFICIAL ASSIGNEE DEFENDANT AT CHRISTCHURCH BEFORE: Mr RPG Haines ONZM QC, Chairperson Ms WV Gilchrist, Member Ms ST Scott, Member REPRESENTATION: Mr RP Hide in person assisted by Mr DI Henderson as McKenzie friend Mr SM Kinsler and Ms SK Shaw for defendant Ms R Jam...

9. Kooiman v CAC519, Rodgers, Clarke and Cudby [2019] NZREADT 11 [pdf, 287 KB]

   ...to award costs, in any proceedings under the Act. She referred us to the judgment of her Honour Justice Mallon in the High Court in Commissioner of Police v Andrews, in which her Honour set out principles applicable to awards of costs under the Human Rights Act 1993.15 [59] Mr Kooiman submitted that he is not a vexatious litigant, and has not instigated multiple proceedings. In response to Mr Dewar’s statements, he submitted that:...

10. [2019] NZEmpC 45 Chambers v Pelabon [pdf, 347 KB]

    ...basis that there is a liquidation. Schedule 7, or any other provisions relating to a company placed in liquidation, do not currently apply. [57] Finally, Mr Chambers submitted that articles 1, 2, 4, 10 and 17 of the Universal Declaration of Human Rights (the Declaration) precluded the possibility of any jurisdiction being exercised under s 137 of the Act. The gist of the submission was that under these provisions the arbitrary deprivation of property would amount to a breach of...