Search Results

1. Provision of Public Information for the 2020 Referendums [pdf, 857 KB]

   ...the actual legislation being proposed. This kind of (mis)information could come from New Zealand or overseas, and it could be deliberately misleading or be based on (perhaps wilful) ignorance of the facts. 32. Freedom of expression is a fundamental human right, and this includes the freedom to express views that do not stand up to rational scrutiny. This applies in the leadup to a referendum just as much as in any other matter of public interest. In general, the best way to combat mistruths i...

2. Director of Proceedings v Summerset Group Holdings Ltd [2022] NZHRRT 1 [pdf, 443 KB]

   ...the papers DATE OF DECISION: 25 January 2022 (REDACTED) DECISION OF TRIBUNAL1 1 [This decision is to be cited as Director of Proceedings v Summerset Group Holdings Ltd [2022] NZHRRT 1. Note publication restrictions.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2022] NZHRRT 1 I TE TARAIPIUNARA MANA TANGATA 2 [1] These proceedings under the Health and Disability Commissioner Act 1994 were filed on 17 December 2021. [2] Prior to the filing of the proceedings the...

3. [2022] NZEmpC 127 VMR v Aviation Security Service Division of Civil Aviation Authority [pdf, 304 KB]

   ...to the alleged reliance on s 103A for a power to dismiss. [55] Ms Grey also submitted that it will be necessary when assessing justification to consider the impact of a range of statutory obligations, including the Bill of Rights, the Human Rights Act 1993, the Code of Health and Disability Services Consumers’ Rights20 and the Health and Safety at Work Act 2015. [56] Apart from the Bill of Rights, Ms Grey did not analyse the various enactments to which she referred. Rat...

4. Disputes-Tribunal-Amendment-Bill_FINAL.pdf [pdf, 1.5 MB]

   ...is available to support identifying any population implications. The Ministry of Justice is unable to accurately estimate the impacts on population groups as the information on claim types is not able to be filtered by demographic information. Human Rights 35 No inconsistencies with the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993 have been identified. I have considered rights to justice and principles of natural justice in determining the suitability of the Dis...

5. BORA Criminal Procedure Legislation Bill [pdf, 182 KB]

   ...of the rights guaranteed by the Bill of Rights Act. 3. In accordance with Crown Law practice, this advice has been peer reviewed by Crown Counsel Jane Foster. _____________________________ Austin Powell Crown Counsel Team Leader (Human Rights) In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 o...

6. District Court (Protection of Judgment Debtors with Disabilities) Amendment Bill [pdf, 70 KB]

   ...with disabilities are able to live their lives with dignity, and, as such, does not engage the right to be free from discrimination. Jeff Orr Chief Legal Counsel Office of Legal Counsel 1 Human Rights Act 1993, s 21(1)(h). 2 Ministry of Health v Atkinson [2012] NZCA 184, [2012] 3 NZLR 456 at [109].

7. [2011] NZEmpC 132 Kaipara v CHH Ltd [pdf, 125 KB]

   ...Employment Relations Authority. 1 The 1 [2011] NZERA Auckland 338. plaintiff opposed the application and applied to strike out the evidence contained in the affidavit of Collette Firth, the human resource operations manager for the defendant’s wood products division, filed in support of the defendant’s application. [3] It is convenient to deal with the plaintiff’s strike out application first. The plaintiff submits...

8. [2007] NZEmpC AC 49/07 Landmarx Developments (NZ) Ltd v Raman [pdf, 44 KB]

   ...KEWAL, Executive Assistant to Managing Director of Auckland swear; 1. I was absent from my employment at Landmarx Development (NZ) Limited when the determination from the Employment Authority was received on or around 12 March 2007. Then our Human Resources Officer went on leave from 19 to 23 March 2007. 2. I was also involved in staff inductions and quarterly review meetings at this time. 3. I was then away on leave from 2 to 10 April 2007. All of which led to there bei...

9. Rafiq v Department of Internal Affairs [2013] NZHRRT 11 [pdf, 56 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2013] NZHRRT 11 Reference No. HRRT 042/2011 UNDER THE PRIVACY ACT 1993 BETWEEN RAZDAN RAFIQ PLAINTIFF AND SECRETARY FOR THE DEPARTMENT OF INTERNAL AFFAIRS DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines QC, Chairperson Dr SJ Hickey, Member Dr AD Trlin, Member REPRESENTATION: Mr R Rafiq in person (no appearance) Mr S Cohen-Ronen for Defendant DATE OF HEARING: 12 and 13 April 2012 DA...

10. BORA Family and Whanau Violence Legislation Bill [pdf, 237 KB]

    ...1 Turners & Growers Ltd v Zespri Group Ltd (No 2) (2010) 9 HRNZ 365 (HC) at [72]. 2 B v JM [1997] NZFLR 529 (HC) at 532. 3 Moonen v Film and Literature Board of Review [2000] 2 NZLR 9 (CA) at [15]: “This right is as wide as human thought and imagination”. 3 BORA VET FAMILY VIOLENCE LEGISLATION BILL:3784173_3 respondent with a protected person may also be permitted if reasonably necessary in an emergency, or if authorised by the Family Court 13. The p...