Search Results

1. BORA Ngāti Manawa and Ngāti Whare Claims Settlement Bill [pdf, 290 KB]

   ...claims. 5. Similarly, in so far as the exclusion of subsequent challenge could be said to limit the claimant’s rights under s 20 of the Bill of Rights Act, [7] it would likewise be justified under s 5 on the same basis. 6. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 Fisheries Settlement, which was similarly 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...

2. Youth Court - Summary of it’s all relative: the absolute importance of the family in youth Justice (a New Zealand perspective) [pdf, 185 KB]

   ...approaches. • family members who can contribute can always be found...somewhere • FGCs is not expensive. They require good facilitators and need to have good information at hand. But primarily a FGC requires the presence of (relatively) willing human beings. As we know, being sorry for offences committed, harm done and pain caused is a challenge so I sould like to end with Hemi’s song which reflects Hemi’s thoughts after being part of FGCs: I’m sorry for all the pain th...

3. BORA Resource Management (Enhancement of Iwi Management Plans) Amendment Bill [pdf, 314 KB]

   ...interest to local Iwi in their district plans. CONSISTENCY WITH THE FREEDOM FROM DISCRIMINATION 6. Section 19(1) of the Bill of Rights Act affirms the right of everyone to the freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993. Those grounds include race. 7. The key questions in assessing whether a provision gives rise to discrimination under section 19 are: o Does the provision draw a distinction based on one of the prohibited grounds of d...

4. COVID-19 Public Health Response Bill [pdf, 205 KB]

   ...JTI-MacDonald [2007] 2 SCR 610 at [42]–[45]. Section 19 - Freedom from discrimination 51. We note that there is scope for orders under this Bill to have disproportionate impacts on certain groups protected from discrimination under s 21 of the Human Rights Act 1993 (for example, the elderly, or people in one person households).14 52. We consider that the power to make orders that might apply differently to different groups is clearly justifiable on public health grounds; howeve...

5. Director of Proceedings v Bay of Plenty District Health Board [2022] NZHRRT 5 [pdf, 326 KB]

   ...papers DATE OF DECISION: 8 February 2022 (REDACTED) DECISION OF TRIBUNAL1 1 [This decision is to be cited as Director of Proceedings v Bay of Plenty District Health Board [2022] NZHRRT 5. Note publication restrictions.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2022] NZHRRT 5 I TE TARAIPIUNARA MANA TANGATA 2 [1] These proceedings under the Health and Disability Commissioner Act 1994 were filed on 23 November 2021. [2] Prior to the filing of the proceedings the part...

6. [2023] NZIACDT 22 - OT v Ramos (27 June 2023) [pdf, 150 KB]

   ...her misconduct amounted to a short and insufficient Ministerial request and an out-of-time paper application duly rejected by Immigration NZ. [28] It is submitted that Ms Ramos’ misconduct was not a mistake in the nature of an oversight or human error, as described by Mr Moses, counsel for Ms Ramos. The Tribunal has determined that a mistake may be attributable to excusable human error in the event that it is a mistake that a “competent, reasonable, prudent, diligent practiti...

7. Evidence-of-S-Lewis-.pdf [pdf, 170 KB]

   ...trails. Although some users bristle at the other users, I am firmly of the opinion that anybody who gets outside to use our fantas�c landscape deserves to be there and encouraged. Everyone can find some reason to begrudge a different user but as humans we are very good at missing each other and going on our way. A cheery gree�ng, a friendly wave, a thank you, goes a long way to easing any tensions that these mee�ngs may invoke. As more users encounter each other on the trails, the mo...

8. Traumatic Brain Injury and people in the justice system (A3 infographic) [pdf, 375 KB]

   ...expressed are those of the researchers, not Statistics NZ. What next? Using this information about TBI, we can work towards a more trauma responsive Justice System. This analysis will help underpin policy advice provided as part of the Humane and Effective Justice programme. The findings will provide the basis for further investigation into how the Justice System can be more responsive to and support the wellbeing of those who have experienced a TBI. 20180110...

9. Turuki! Turuki! Moving Together [pdf, 2.9 MB]

   ...help those who are harmed • failing to stop harm and reoffending • failing Māori • racist, culturally blind and culturally biased • failing to meet diverse needs • confusing and alienating • costly, especially in terms of the loss of human potential. We have heard the call from New Zealanders for a new vision: A justice system that treats all people with humanity, dignity, respect and compassion, that recognises the mana inherent in all people and communities and enables...

10. [2021] NZACC 90 - Goh v ACC (24 June 2021) [pdf, 172 KB]

    ...2016.8 [11] In his decision on the 2019 review, the reviewer Mr Paul Munro said:9 Mrs Goh sought to review ACC’s decision of 22 November 2005. ACC accepted the late lodgement of the application. Mrs Goh sought to argue that the decision of the [Human Rights Review Tribunal] in the matter of Hennessy v Attorney-General10 made the actions of ACC wrong. As noted in ACC’s submissions that decision was not applicable to Mrs Goh’s situation, and I agree with ACC’s submission. A...