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1. BORA Biofuel Bill [pdf, 292 KB]

   ...analysis set out above we have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. Jeff Orr Chief Legal Counsel Office of Legal Counsel Stuart Beresford Acting Manager, Bill of Rights/Human Rights Public Law Group Footnotes 1 R v Wholesale Travel Group (1992) 84 DLR (4th) 161, 188 citing R v Oakes [1986] 1 SCR 103 2 R v Wholesale Travel Group (1992) 84 DLR (4th) at 213 In addition to the general disclaimer for all...

2. Re Jones (Rejection of Statement of Claim) [2021] NZHRRT 19 [pdf, 116 KB]

   ...jurisdiction for the Tribunal to accept his intended proceedings, the Secretary by email dated 15 March 2021 asked Mr Jones to provide a copy of: 1 [This decision is to be cited as: Re Jones (Rejection of Statement of Claim) [2021] NZHRRT 19.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2021] NZHRRT 19 I TE TARAIPIUNARA MANA TANGATA 2 [3.1] Any notice of decision given by the Privacy Commissioner under s 77(2)(a) and (3) of the Act, [3.2] Any certificate of investigation. [3.3]...

3. Corrections (School Notification of Sex Offenders) Amenmdent Bill [pdf, 132 KB]

   ...disproportionately severe? Is the notification requirement treatment or punishment? 15. The White Paper commentary indicates that the treatment element of s 9 is aimed at “any form of treatment” that is “incompatible with the dignity and worth of the human person”.5 Butler and Butler consider that the term is “sufficiently wide to refer to any measure applied to a particular person or persons, or the manner in which a particular person or persons is dealt with”.6 I am...

4. [2019] NZSSAA 33 (16 May 2019) [pdf, 137 KB]

   ...entitlement is determined in accordance with the criteria in the Act and regulations, not by any contractual obligation on the part of the Ministry. [22] The question of discrimination raised by the agent, and whether the Act is consistent with the Human Rights Act 1993, are not matters that the Authority can determine and compensate. Relevant discrimination could only affect statutory interpretation and the way we exercise discretions. No such issues arise within the scope of thi...

5. Proactive-release - Jury Amendment Rules 2020 [pdf, 872 KB]

   ...beneficial to the public. Compliance 10. The regulatory changes comply with each of the following: 10.1. the principles of the Treaty of Waitangi; 10.2. the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 10.3. the principles and guidelines set out in the Privacy Act 1993; 10.4. relevant international standards and obligations; and 10.5. the Legislation Guidelines (2018 edition), which are maintained by the Legislation...

6. COVID-19 Public Health Response Amendment Bill [pdf, 130 KB]

   ...scope for cost recovery regulations made under proposed new s 33A of the principal Act, which may prescribe classes of persons liable to pay charges, to have disproportionate impacts on certain groups protected from discrimination under s 21 of the Human Rights Act 1993. 27. While we consider that the power to make regulations that might apply differently to different groups is justifiable on public health grounds, we would expect these impacts to be taken into account when considering...

7. King Country Energy Limited.pdf [pdf, 232 KB]

   ...The decisions version of Table 3.11-1 sets out the short-term water quality attribute states and 80-year attribute states for the Waikato and Waipa River catchments. 5.2 DoC, in its appeal, states that Objectives 1 and 2 have a greater focus on the human aspects of health and wellbeing of the Waikato and Waipā rivers than the intrinsic aspects. DoC notes that there is a lack of provision for, or recognition of, the need to restore and protect ecosystem health, which is a compulsory nati...

8. Proactive Release - High Court Amendment Rules 2019 [pdf, 673 KB]

   ...w55f2if1v 2019-07-16 09:51:10 RE LE AS ED B Y TH E AS SO CI AT E M IN IS TE R FO R CO UR TS 8.1. the principles of the Treaty of Waitangi; 8.2. the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 8.3. the principles and guidelines set out in the Privacy Act 1993; 8.4. relevant international standards and obligations; and 8.5. the LAC Guidelines on the Process and Content of Legislation (2018 edition), whi...

9. Marshall v IDEA Services Ltd (Redactions) [2019] NZHRRT 53 [pdf, 158 KB]

   ...PERMANENT ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS AND ANY OTHER IDENTIFYING PARTICULARS OF SERVICE USERS OTHER THAN PLAINTIFF (3) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE CHAIRPERSON OR OF THE TRIBUNAL IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2019] NZHRRT 53 Reference No. HRRT 029/2018 UNDER THE PRIVACY ACT 1993 BETWEEN EAMON HENNING MARSHALL Plaintiff AND IDEA SERVICES LIMITED Defendant...

10. [2018] NZEmpC 136 Mathews v Bay of Plenty District Health Board [pdf, 174 KB]

    ...(AVL); second, the Bay of Plenty District Health Board objects to evidence contained in the briefs of evidence filed by and on behalf of the plaintiff, Dr Mathews. Application for leave to call witness by AVL [2] Ms Wallace is a former human resources associate at the Bay of Plenty District Health Board and its relevant predecessors. Her evidence is clearly relevant to the matters in issue in these proceedings. [3] Ms Wallace has sworn an affidavit in support of the app...