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1. Koyama v New Zealand Law Society (Application by Defendant for Costs) [2013] NZHRRT 22 [pdf, 64 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2013] NZHRRT 22 Reference No. HRRT 030/2009 & 031/2009 UNDER THE HUMAN RIGHTS ACT 1993 AND UNDER THE PRIVACY ACT 1993 IN THE MATTER OF AN APPLICATION BY THE DEFENDANT FOR COSTS BETWEEN TATSUHIKO KOYAMA PLAINTIFF AND NEW ZEALAND LAW SOCIETY DEFENDANT AT AUCKLAND BEFORE: Mr RPG Haines QC, Chairperson Mr RK Musuku, Member Mr BK Neeson, Member REPRESENTATION: Mr Koyama in person Mr...

2. Gay and Lesbian Clergy Anti-Discrimination Society Inc v Bishop of Auckland (Non-Party Access by TVNZ to Tribunal File) [2013] NZHRRT 17 [pdf, 37 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2013] NZHRRT 17 Reference No. HRRT 021/2012 UNDER THE HUMAN RIGHTS ACT 1993 IN THE MATTER OF AN APPLICATON BY TVNZ FOR ACCESS TO THE TRIBUNAL FILE BETWEEN THE GAY AND LESBIAN CLERGY ANTI- DISCRIMINATION SOCIETY INC PLAINTIFF AND THE BISHOP OF AUCKLAND DEFENDANT AT AUCKLAND TRIBUNAL: Rodger Haines QC, Chairperson REPRESENTATION: Mr D Ryken and Mr G Wong for Plaintiff Mr B Gray QC and Pro...

3. BORA Marriage (Court Consent to Marriage of Minors) Amendment Bill [pdf, 209 KB]

   ...into marriage. Consistency of the Bill with the Bill of Rights Act Section 19(1) – Freedom from discrimination 6. Section 19(1) of the Bill of Rights Act affirms the right to be free from discrimination on the prohibited grounds set out in the Human Rights Act 1993 (‘the Human Rights Act’). 7. The key questions determining whether legislation limits the freedom from discrimination are: 1 1 See, for example, Atkinson v Minis...

4. Proposals against incitement of hatred and discrimination - summary document - accessible [docx, 181 KB]

   ..._Toc415216708][bookmark: _Toc415223124][bookmark: _Toc415227990][bookmark: _Toc520296418]Te Tāhū o Te Ture – the Ministry of Justice (the Ministry) is seeking your feedback on six proposals to change the law relating to incitement of hatred and discrimination. The Human Rights Act 1993 prohibits speech that incites (provokes) racial disharmony. It also prohibits discrimination against a person because of a feature of their identity. Following a review by the Ministry and the recommendation...

5. Foreign Affairs (Consular Loans) Amendment Bill [pdf, 175 KB]

   ...undertaken a Bill of Rights Act analysis as if it does apply. Section 19 – Freedom from discrimination 8. Section 19(1) of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the grounds set out in the Human Rights Act 1993 (the Human Rights Act). Section 21 of the Human Rights Act lists the prohibited grounds of discrimination. These include “ethnic or national origin, which includes nationality or citizenship” (s 21(g)). 9. The key que...

6. BORA Marine Protection Legislation Bill [pdf, 313 KB]

   ...Report of the Attorney-General on the Land Transport Bill E.63 (1997). [5] Aylwin v Police SC 33/2008; [2008] NZSC 113. http://ndhadeliver.natlib.govt.nz/ArcAggregator/arcView/resource/IE26146201/http:/www.justice.govt.nz/policy/constitutional-law-and-human-rights/human-rights/bill-of-rights/marine-protection-legislation-bill#_ftnref1 http://ndhadeliver.natlib.govt.nz/ArcAggregator/arcView/resource/IE26146201/http:/www.justice.govt.nz/policy/constitutional-law-and-human-rights/human-rights/b...

7. BORA Misuse of Drugs (Medicinal Cannabis and Other Matters) Amendment Bill [pdf, 166 KB]

   ...practitioner. Consistency of the Bill with the Bill of Rights Act Section 19(1) – Freedom from discrimination 4. Section 19(1) of the Bill of Rights Act affirms the right to be free from discrimination on the prohibited grounds set out in the Human Rights Act 1993 (‘the Human Rights Act’). 5. The key questions determining whether legislation limits the freedom from discrimination are: 1 a. does the legislation draw a distinction on one of the prohibited grounds of discrim...

8. Health & Disability Commissioner Act 1994

   ...proceedings – whether costs to be awarded against Director of Proceedings – Health and Disability Commissioner Act 1994, s 54(2) Director of Proceedings v Smith (Costs) [2020] NZHRRT 35 Costs – whether costs follow the event in proceedings under Human Rights Act 1993, Privacy Act 1993 and Health and Disability Commissioner Act 1994 – Human Rights Act 1993, s 105 Turner v University of Otago (Costs) [2021] NZHRRT 48 Director of Proceedings v Smith (Costs) [2020] NZHRRT 35 Director of...

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9. BORA Limitation Bill [pdf, 285 KB]

   ...that limitation is justifiable. Beyond the indication in Sugrue, above, the consistency of limitation periods with rights instruments has been considered in comparative case law in respect of both the Canadian Charter and the European Convention on Human Rights (“ECHR”): 6.1 In Canada, while the question has not been considered by the Supreme Court to date (though that Court has refused leave in some such cases), it is broadly accepted that general limitation periods can permissibly...

10. BORA Corrections Amendment Bill [pdf, 265 KB]

    ...in the Bill of Rights Act. In reaching that conclusion, we have considered the consistency of the Bill with s 14 (freedom of expression), s 21 (unreasonable search and seizure), and s 23(5) (right of persons deprived of liberty to be treated with humanity and dignity). Our analysis is set out below. Summary 4. The Bill amends the Corrections Act 2004 (‘the principal Act‘) and raises a number of potentially significant limitations on rights and freedoms affirmed in the Bill of Righ...