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1. BORA Railways Bill [pdf, 34 KB]

   ...person has the training, knowledge, or experience required to undertake the functions and duties of a safety assessor. 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/railways-bill#Footnotes 11. In light of the information above, we consider the powers contained in clauses 46 and 47 appear to be reasonable in terms of section 21 of the Bill of Rights Act. CONCLUS...

2. Timmo v ICL NZ Limited (Strike-Out) [2023] NZHRRT 23 [pdf, 142 KB]

   ...2021 filed his claim in the Tribunal. [3] There has been no action taken by Mr Timmo for an extended period of time. Given this, the Tribunal must determine whether the claim has become an abuse of process and should be struck out under s 115A of the Human Rights Act 1993 (HRA). 1 [This decision is to be cited as Timmo v ICL NZ Limited (Strike-Out) [2023] NZHRRT 23.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2023] NZHRRT 23 I TE TARAIPIUNARA MANA TANGATA 2 BACKGROUND [4] The initial c...

3. Overseas Investment (Exempt Investment from OECD Countries) Amendment Bill [pdf, 161 KB]

   ...defined in s 6 Overseas Investment Act 2005. Consistency of the Bill with the Bill of Rights Act Section 19 – Freedom from discrimination 7. Section 19(1) of the Bill of Rights Act affirms the right to be free from discrimination. The Human Rights Act 1993 provides that ethnic or national origins, which includes nationality or citizenship, is a prohibited ground of discrimination.4 8. The key question, in assessing whether there is a limit on the right to freedom from discri...

4. BORA Broadcasting (Games of National Significance) Amendment Bill [pdf, 197 KB]

   ...free-to-air. Consistency of the Bill with the Bill of Rights Act Section 19(1) – Freedom from discrimination 6. Section 19 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, which include the grounds of sex and disability.1 1 Human Rights Act 1993, s 21(1)((a) and (h). 7. The key questions in assessing whether a Bill places a limit on t...

5. Taylor v Department of Corrections (Strike-Out Application) [2020] NZHRRT 42 [pdf, 137 KB]

   ...Taylor’s privacy. Corrections maintains that the letter was lawfully withheld. 1 [This decision is to be cited as Taylor v Department of Corrections (Strike-Out Application) [2020] NZHRRT 42.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2020] NZHRRT 42 I TE TARAIPIUNARA MANA TANGATA 2 BACKGROUND [2] Mr Taylor and Mr Hunter initially filed this claim together, on 13 February 2015. A statement of reply was filed on 27 March 2015. O...

6. Scarborough v Kelly Services NZ Ltd [2015] NZHRRT 53 [pdf, 73 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2015] NZHRRT 53 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 per...

7. BORA Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Bill [pdf, 368 KB]

   ...prohibited ground of disability. The clause provides for individuals to be treated differently depending on their capacity to perform a juror’s duty, not on the basis of disability. A person may have a disability in terms of the definition in the Human Rights Act 1993, and not be eligible for a permanent excusal because they are capable of performing a juror’s duty. [5] 7. No discriminatory impact arises from either the differential treatment on the basis of age or disability. Acc...

8. BORA Births, Deaths, Marriages, and Relationships Registration Amendment Bill [pdf, 370 KB]

   ...right to seek and receive information. 6. Given these express references, it might be suggested that the right of freedom of expression extends to a right to obtain information. However, the courts in New Zealand and Canada and the European Court of Human Rights have each held that the right relates to restriction on the receipt of information, not a positive entitlement to be given information held by the state or others. 7. First, in R v Mahanga, the Court of Appeal rejected a claim u...

9. BORA Education Amendment Bill (No 2) [pdf, 101 KB]

   ...discrimination 4. The Bill raises two issues triggering the right to freedom from discrimination. Section 19(1) of the Bill of Rights Act affirms that everyone has the right to be free from discrimination on the grounds of discrimination in the Human Rights Act 1993, which include family status and national origin. Legislation may give rise to prima facie discrimination under s 19(1) of the Bill of Rights Act if the legislation draws a distinction based on one of the prohibited grou...

10. OIA-102415.pdf [pdf, 539 KB]

    ...to engage with communities on the proposals, and analysis of public submissions received through consultation in 2021; • staff travel to attend nationwide hui in July and August 2021; • analysis of submissions to the Justice Committee on the Human Rights (Incitement on Ground of Religious Belief) Amendment Bill ; and • project management staff costs and policy contractor costs. This figure excludes costs for Ministry of Justice officials' time. Ju~tice Centre I 19 Aitke...