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1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2018] NZHRRT 4 Reference No. HRRT 072/2015 BETWEEN KATHY APOSTOLAKIS Plaintiff AND ATTORNEY-GENERAL Defendant Reference No. HRRT 078/2016 BETWEEN KATHY APOSTOLAKIS Plaintiff AND ATTORNEY-GENERAL Defendant AT WELLINGTON BEFORE: Mr RPG Haines QC, Chairperson Ms GJ Goodwin, Member Mr BK Neeson JP, Member REPRESENTATION: Mrs K Apostolakis in person DATE...
...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...
...there is no penalty for non-compliance. I also do not consider that the making of such an order raises an issue of discrimination in terms of s 19(1) of the Bill of Rights Act on grounds of family status, which includes, under s 21(1)(l)(iv) of the Human Rights Act, "being a relative of a particular person", as the making of an order against the caregiver of a young person is based upon that particular personal responsibility. 10. It may give rise to an effective detention and...
...applied R v Smith [1987] 1 SCR 1045, 1070 and R v Latimer [2001] 1 SCR 3, [77] 2. See, for example, Belcher v Chief Executive of the Department of Corrections [2007] 1 NZLR 507, [35]ff, and, more broadly, R Clayton & H Tomlinson (eds) The Law of Human Rights (2ed: Oxford, 2009)[11.30]ff and [11.358]ff. 3. See A Butler & P Butler The New Zealand Bill of Rights Act: A Commentary (LexisNexis, 2005), [21.6.4] and also Air Canada v The United Kingdom 20 EHRR 150. In additio...
...The use of AVL for the appearance of an accused person at trial appears to be uncommon in comparable jurisdictions, at least without the accused person’s consent, and does not appear to have been considered in New Zealand. The European Court of Human Rights has, however, indicated that whether such appearance is consistent with fair trial protections will depend upon the particular circumstances, including the stage of proceedings, possible disadvantage to either party and measures take...
...2 Nicolle v Goleman Wellington Cleaning Ltd [2019] NZERA 113. 3 Goleman Wellington Cleaning Ltd v Nicolle [2019] NZEmpC 51. [7] The application was supported by an affidavit from David Fuimaono, Goleman’s National Human Resources and Compliance Manager. The reason given for this delay in seeking to challenge the costs determination was explained by Mr Fuimaono as an error by Goleman’s advocate. Mr Fuimaono said he instructed Mr Pa’u to challenge t
...legislative provisions, which otherwise result in an incoherent Bill. Compliance 15. The Bill (No 2) complies with: 15.1. the principles of the Treaty of Waitangi; 15.2. the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 15.3. the disclosure statement requirements (a disclosure statement prepared by the Ministry of Justice is attached); 15.4. the principles and guidelines set out in the Privacy Act 1993; 15.5. relevant internatio...
...19 September 2020. No waiver of the 28-day rule is sought. Compliance 6. The Order complies with the following: the principles of the Treaty of Waitangi the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993 the principles and guidelines set out in the Privacy Act 1993, and the Legislation Guidelines. 4us110oq65 2020-06-25 11:42:29 RE LE AS ED B Y TH E M IN IS TE R OF JU ST IC E Regulations Review Commi...
...quality of information to support other frameworks which the regime intersects with and assist regulatory, supervisory and law enforcement agencies to combat money laundering, terrorism financing, and serious and organised crime; • Ensure that human rights and privacy considerations are addressed and that intrusions on personal rights and freedoms are no more than is necessary to achieve the purpose of the AML/CFT regime; • Support efficient long-term administration of the AML...
...write in a concise and cogent manner 1. Experience in a decision-making role and/or in working within a statutory framework 1. Ability to cope with stressful situations and potentially disturbing information 1. Mature outlook and the ability to assess human nature accurately. Decision-making and analytical skills Members must be able to: · remain open minded, avoiding typecasting or making assumptions about people · contribute to the decision-making of the Tribunal which is sound, balanced a...