Search Results

1. Government-response-to-the-Law-Commissions-report-Class-Actions-and-Litigation-Funding.pdf [pdf, 357 KB]

   ...for pursuing Māori collective litigation, such as the Waitangi Tribunal, the Law Commission do not envision an increase in class actions in this area. However, they note that individual Māori plaintiffs could still benefit from using the system. Human rights 33 Approval of the attached Government response has no direct human rights implications. There are existing procedures for bringing group litigation under the Human Rights Act 1993.1 Gender implications 34 Approval of the Go...

2. AAV and AAW v ZZG [2012] NZDT 10 (28 June 2012) [pdf, 62 KB]

   ...from a paddock in which car wrecks were stored. The gate and surrounding fences were tidy and secure, and the cattle had not lifted the gate or pushed through it. The escape therefore did not occur as a result of poor fences but as a result of human error. That error was made either by ZZM or by a visitor to his property who was looking at the wrecks in the paddock. If ZZM had left the gate open, he would be liable. If a third party did so, ZZM disputes that he should be liable....

3. BORA Port Nicholson Block (Taranaki Whanui ki Te Upoko o Te Ika) Claims Settlement Bill [pdf, 283 KB]

   ...v Attorney-General [2008] 1 NZLR 318. 5.2 In that context, exclusion of jurisdiction in respect of the claims, settlement deed and the Bill is an integral part of the settlement process. 6. I note, in this respect, the view of the United Nations Human Rights Committee that a similar exclusion under the Fisheries Settlement, in the context of a negotiated settlement, was consistent with the right of access to the courts under art 14(1) of the International Covenant on Civil and Political...

4. Layton v Aon New Zealand Ltd [2018] NZHRRT 48 [pdf, 286 KB]

   ...file and, following a complaint to the Office of the Privacy Commissioner (OPC), a check carried out by Aon 1 [This decision is to be cited as Layton v Aon New Zealand Ltd [2018] NZHRRT 48] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2018] NZHRRT 48 2 found a number of documents not included, which were then provided to Ms Layton. Ms Layton remains of the view that further documents have not been provided...

5. BORA Rongowhakaata Claims Settlement Bill [pdf, 279 KB]

   ...settlement of the claims. 6. In so far as the section could be said to limit reliance on the protection of the rights of minorities under s 20 of the Bill of Rights Act, it would be justified under s 5 on the same basis. 7. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 Fisheries Settlement, also an incident of a negotiated settlement, as consistent with the right of access to the courts as affirmed by art 14(1) of the International Covenant on Civi...

6. BORA Arts Council of New Zealand Toi Aotearoa Bill [pdf, 298 KB]

   ...the functions of the Council. CONSISTENCY WITH SECTION 19(1) OF THE BILL OF RIGHTS ACT 5. Section 19(1) of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the grounds of discrimination set out in the Human Rights Act 1993, which include race. In our view, taking into account the various domestic and overseas judicial pronouncements, the key questions in assessing whether discrimination exists under s 19(1) are: • Does the legislation dra...

7. [2021] NZEmpC 50 Vulcan Steel Ltd v Manufacturing & Construction Workers Union [pdf, 183 KB]

   ...the declarations sought. That decision prompted the company to take steps in this Court, albeit out of time. [3] As will be immediately apparent, the dispute raises important legal questions, including as to the intersection of employment and human rights law. And, while workplace drug testing has previously been considered by the Court, that was in 2004.3 The importance of the issues raised by these proceedings is relevant to a determination of the application for leave having...

8. [2021] NZACC 109 - Martins v ACC (26 July 2021) [pdf, 161 KB]

   ...payment” in the appeal. Rather, he should have claimed “exemplary or punitive damages” under s 319 of the Act “to receive [an] award (money) to punish the defendant for outrageous conduct and violation of the New Zealand legislation and human rights.” Discussion [8] Section 162 of the Accident Compensation Act 2001 (“the Act”) provides that an applicant is entitled to appeal to the High Court on questions of law. The contended point of law relied upon must be cap...

9. 2017 NZSSAA 009 (31 March 2017) [pdf, 141 KB]

   ...New Zealand from Yugoslavia in XXXX. She received an Invalid’s Benefit from 16 September 2009 which was transferred to a Supported Living Payment from 2013. [5] Ms XXXX said that she was looking for a correct and proper forum, such as the Human Rights Commission, to address her concerns. However she accepted that many of the issues she raised did not relate to the question of the $180 in issue. She and Mr Ellis accepted that the only issue for this Authority to determine was...

10. Dotcom v Crown Law Office (Damages) [2022] NZHRRT 7 [pdf, 195 KB]

    (1) ORDER PROHIBITING PUBLICATION OF ALL INFORMATION RELATING TO PLAINTIFF’S MEDICAL CIRCUMSTANCES (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE TRIBUNAL OR OF THE CHAIRPERSON IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2022] NZHRRT 7 I TE TARAIPIUNARA MANA TANGATA Reference No. HRRT 047/2016 UNDER THE PRIVACY ACT 2020 BETWEEN KIM DOTCOM Plaintiff AND CROWN LAW OFFICE First Defendant CONT. A...