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1. Hood v American Express International (NZ) Inc (Discovery) [2015] NZHRRT 1 [pdf, 61 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2015] NZHRRT 1 Reference No. HRRT 025/2013 UNDER THE PRIVACY ACT 1993 BETWEEN STEPHEN IAN HOOD PLAINTIFF AND AMERICAN EXPRESS INTERNATIONAL (NZ) INCORPORATED DEFENDANT AT AUCKLAND BEFORE: Mr RPG Haines QC, Chairperson Ms GJ Goodwin, Member Mr BK Neeson JP, Member REPRESENTATION: Mr SI Hood in person Mr AS Olney and Mr ML Campbell for defendant DATE OF DECISION: 23 January...

2. BORA Manukau City Council (Control of Graffiti) Bill [pdf, 322 KB]

   ...Discrimination 9. Clause 7 of the Bill makes it an offence to sell spray paint to a minor. The Bill defines a 'minor' as a person who is under the age of 18 years. 10. Section 19(1) of the Bill of Rights Act and section 21(1)(i) of the Human Rights Act 1993 provide that everyone has the right to freedom from discrimination on the grounds of age, commencing at the age of 16 years. The determination of whether a provision is discriminatory depends on whether: a. the legislatio...

3. [2017] NZSAAA 04 (10 October 2017) [pdf, 232 KB]

   ...repeats the comments made by the Secretary on review to the effect that neither the review process nor the Student Allowance Appeal Authority are appropriate vehicles for dealing with issues of this sort. Furthermore, the Ministry points out that the Human Rights Act 1993 and the New Zealand Bill of Rights Act 1990 are not “supreme law” and do not override “other, conflicting legislation”. In response to the appellant’s criticism of the review process as unfair the Ministry si...

4. BORA Patents Bill [pdf, 317 KB]

   ...Act, otherwise they may be open to challenge for being ultra vires. Section 19(1) – Freedom from Discrimination 22. Section 19(1) of the Bill of Rights Act affirms the freedom from discrimination on prohibited grounds set out section 21 of the Human Rights Act 1993 including race and ethnic origins. In our view, taking into account the various domestic and overseas judicial pronouncements as to the meaning of discrimination, the key questions in assessing whether discrimination under...

5. [2020] NZEnvC 191 Aratiatia Livestock Limited v Southland Regional Council [pdf, 413 KB]

   ...social and cultural wellbeing of the region. Objective 64 Water quality in each freshwater body, coastal lagoon and estuary will be: (a) maintained where the water quality is not degraded; and (b) improved where the water quality is degraded by human activities. 1 Second Interim Decision [2020] NZEnvC 93 and Third Interim Decision [2020] NZEnvC 110. 2 Second Interim Decision [2020] NZEnvC 93, Third Interim Decision [2020] NZErivC 110 and Minute dated 5 August 2020. Note: as sign...

6. 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...

7. Teina Pora inflation adjustment [pdf, 185 KB]

   ...compensation payment [STR (98) M 39/6]. 38. The Ministry of Justice is not funded for any ex gratia or compensation payments and is unable to make any cost reductions to absorb this payment. The payment will be a charge against the general contingency. Human rights 39. The proposed compensation package is consistent with the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. Legislative implications 40. There are no legislative implications. Regulatory impact...

8. BORA Privacy Bill [pdf, 157 KB]

   ...agencies of privacy breaches and authorising the Commissioner to issue compliance notices in response to privacy breaches. It also enables the Commissioner to make decisions on complaints about access to information rather than referring these to the Human Rights Review Tribunal. 3. In concluding that the Bill is consistent with the Bill of Rights Act we have considered, in particular, its consistency with s 14 (freedom of expression), s 21 (freedom from unreasonable search and seizure...

9. [2007] NZEmpC AC 51A/07 Maritime Union of NZ and ors v TLNZ Ltd and anor [pdf, 158 KB]

   ...workplaces may permit or indeed even require an employer to promulgate a drug and alcohol policy appropriate to the circumstances of its business, the workplace, and employees. • Alcoholism and drug dependency are disabilities covered by the Human Rights Act 1993 and in respect of which it will be unlawful for an employer to treat an employee qualified for work of any description less favourably than other employees of similar capabilities by reason of any prohibited ground of d...

10. Lawson v Intended Defendant (Extension of Time to Commence Proceedings) [2023] NZHRRT 20 [pdf, 198 KB]

    ...as Miss Lawson’s claim was lodged after the six month time period prescribed by the Privacy Act 2020 (PA). 1 [This decision is to be cited as Lawson v Intended Defendant (Extension of Time to Commence Proceedings) [2023] NZHRRT 20] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2023] NZHRRT 20 I TE TARAIPIUNARA MANA TANGATA 2 [2] Miss Lawson’s claim can only be accepted if the Chairperson or a Deputy Chairperson, on an application made by Miss Lawson, is satisfied that exceptional...