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1. Government Response to Te Aka Matua o te Ture | Law Commission Report: The Use of DNA in Criminal Investigations | Te Whakamahi i te Ira Tangata i ngā Mātai Taihara [pdf, 825 KB]

   ...Act:  does not recognise or provide for tikanga Māori or the Crown’s responsibility under the Treaty of Waitangi, despite the regime’s significant impact on the rights and interests of Māori  does not adequately protect privacy and human rights even though the regime is intrusive by nature  has gaps, resulting in uncertain legal standing  has legislative design issues, making it difficult to understand and apply, and  does not provide for adequate independen...

2. BORA Land Transfer (Foreign Ownership of Land Register) Amendment Bill [pdf, 168 KB]

   ...and the general public. Inconsistency with s 19(1) — Right to be free from discrimination 5. Section 19(1) of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the prohibited grounds in s 21 of the Human Rights Act 1993. The Human Rights Act provides that ethnic or national origins, which includes nationality or citizenship, is a prohibited ground of discrimination.1 6. The key questions in assessing whether there is a limit on the right to...

3. 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...

4. BORA Misuse of Drugs (Medicinal Cannabis) Amendment Bill [pdf, 198 KB]

   ...controlled drugs. 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 in assessing whether there is a limit on the right to freedom from discrimination are:1 1 See, for example, Atkinson...

5. HRRT Statement of reply [pdf, 386 KB]

   For more information visit www.justice.govt.nz/tribunals The Human Rights Review Tribunal Page 1 For more information visit www.justice.govt.nz/tribunals HRRT 06/09 - 4 Office use only: HRRT NoStatement of Reply What is this form for? Use this form if you are a named as a defendant in a ‘Statement of Claim’ and wish to file a ‘Statement of Reply’ in response to the allegations made against you. Important Information 1. Please print in CAPITAL LETTERS 2. It is important tha...

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. Notice of intention to speak Māori [pdf, 233 KB]

   ...Court of Appeal High Court Criminal District Court Criminal Family Youth Disputes Tribunal Tenancy Tribunal Māori Land Court Māori Appellate Court Environment Court Waitangi Tribunal Employment Court Human Rights Review Tribunal Coroners Court Other (please specify) …………………………………. Any additional information you think might assist the court: …………………………………………………………�...

8. BORA Summary Proceedings Amendment Bill (No 2) [pdf, 288 KB]

   ...jurisdictions, see M Nowak CCPR Commentary (2nd ed, N P Engel, Kehl, Germany, 2005), p 329-331, Joseph et al The International Covenant on Civil and Political Rights (2nd ed Oxford University Press, Oxford, 2004) at paras 14.70-14.74, and General Comment 32 (Human Rights Committee) (relating to Article 14(2) of the International Covenant of Civil and Political Rights); Richard Clayton and Hugh Tomlinson (eds) The Law of Human Rights (2nd ed, OUP, New York, 2009) at 11.253- 11.261 and S Tre...

9. Scarborough v Kelly Services NZ Ltd (Costs) [2016] NZHRRT 3 [pdf, 48 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2016] NZHRRT 3 Reference No. HRRT 033/2015 UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN YASODHARA DA SILVEIRA SCARBOROUGH PLAINTIFF AND KELLY SERVICES (NEW ZEALAND) LIMITED FIRST DEFENDANT AND ASSA ABLOY (NEW ZEALAND) LIMITED SECOND DEFENDANT AT AUCKLAND BEFORE: Mr RPG Haines QC, Chairperson Mr RK Musuku, Member Mr BK Neeson JP, Member REPRESENTATION: Ms Y Scarborough in perso...

10. [2021] NZEmpC 108 Vulcan Steel Ltd v Manufacturing & Construction Workers Union [pdf, 184 KB]

    ...Policy, and Drug Alcohol and Substance Procedure. [5] In her judgment granting leave to bring a challenge out of time, Chief Judge Inglis noted that the dispute raises important legal questions, including as to the intersection of employment and human rights law.3 She observed that whilst workplace drug testing had previously been considered by the Court, that was in 2004.4 [6] The matter has been set down for hearing in mid-November 2021. The Chief Judge has constituted a full C...