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1. Steele v Jetts New Zealand Ltd (Strike-Out Application) [2020] NZHRRT 11 [pdf, 96 KB]

   ...with his privacy. Jetts disputes there has been an interference with privacy. 1 [This decision is to be cited as Steele v Jetts New Zealand Ltd (Strike-Out Application) [2020] NZHRRT 11.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2020] NZHRRT 11 2 THE APPLICATION TO STRIKE OUT [3] On 30 November 2018 Jetts filed an application to dismiss or strike out the claim. Mr Steele opposes this. Jetts submits: [3.1] The IPP 6 claim ide...

2. ZYX v Attorney-General Non-Publication Order [2014] NZHRRT 44 [pdf, 39 KB]

   1 (1) ORDER PROHIBITING PUBLICATION OF NAMES, ADDRESS OR IDENTIFYING PARTICULARS OF THE PLAINTIFFS AND OF THEIR CHILDREN (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE TRIBUNAL OR OF THE CHAIRPERSON IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2014] NZHRRT 44 Reference No. HRRT 008/2014 UNDER SECTION 51 OF THE HEALTH AND DISABILITY COMMISSIONER ACT 1994 BETWEEN ZYX PLAINTIFFS AND NORTHABLE DISABILITY SERVICES FIRST...

3. BORA New Zealand Superannuation Amendment Bill [pdf, 157 KB]

   ...ISSUES OF INCONSISTENCY WITH THE BILL OF RIGHTS ACT Section 19(1): the right to be free from discrimination 5. Section 19(1) of the Bill of Rights Act provides the right to freedom from discrimination on the grounds set out in section 21 of the Human Rights Act 1993. These grounds include, inter alia, ethnic or national origin, sex, and disability. 6. In our view, taking into account the various domestic and overseas judicial pronouncements as to the meaning of discrimination, t...

4. Accident Compensation (Maternal Birth Injury and Other Matters) Amendment Bill [pdf, 123 KB]

   ...and other matters. Consistency of the Bill with the Bill of Rights Act Section 19 Freedom of expression 7. 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). 8. The key questions in assessing whether there is a limit on the right to freedom from discrimination are whether the legislation draws a distinction on one of the...

5. BORA Injury Prevention, Rehabilitation, and Compensation Amendment Bill [pdf, 299 KB]

   ...ISSUE OF CONSISTENCY WITH THE BILL OF RIGHTS ACT Section 19(1) Freedom from Discrimination Section 19(1) of the Bill of Rights Act provides: "Everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993." Section 21 of the Human Rights Act 1993 specifies the prohibited grounds of discrimination. One of the grounds of discrimination is "disability" which is defined to include psychiatric illness, intellectual...

6. Child Support Amendment Bill [pdf, 90 KB]

   ...Consistency of the Bill with the Bill of Rights Act Section 19 – 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 of discrimination 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 a. does the legislation draw a distinction on one of the prohibited grounds...

7. [2023] NZEmpC 94 Soapi v Pick Hawke’s Bay Inc [pdf, 255 KB]

   ...BAY INCORPORATED Defendant Hearing: 20 March 2023 (Heard at Christchurch via Audio Visual Link) Appearances: T Oldfield, counsel for plaintiffs J Bates, L Brown and M Inwood, counsel for defendant J Hancock, counsel for Human Rights Commission P Cranney and G Iddamalgoda, counsel for New Zealand Council of Trade Unions Judgment: 21 June 2023 INTERLOCUTORY JUDGMENT OF JUDGE K G SMITH (Applications for security for costs and leave to interve...

8. 20230328-Child-Support-Pass-On-Acts-Amendment-Bill.pdf [pdf, 173 KB]

   ...this policy change. Consistency of the Bill with the Bill of Rights Act Section 19 – Freedom from discrimination 8. Section 19(1) of the Bill of Rights Act affirms the right to freedom from discrimination on the grounds set out in the Human Rights Act 1993 (Human Rights Act). It is generally unlawful to treat people in comparable circumstances differently on the basis of a prohibited ground, unless the difference is justified. The prohibited grounds include family status wh...

9. BORA Dairy Industry Restructuring Amendment Bill [pdf, 286 KB]

   ...price setting. POSSIBLE INCONSISTENCIES 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 freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993. These grounds include, amongst others, family or marital status. 5. New section 150E(2) of the Bill requires that the chair and a majority of the members of the Milk Price Panel are independent. The definition of “ind...

10. 20240301-Smokefree-Environments-and-Regulated-Products-Amendment-Bill.pdf [pdf, 178 KB]

    ...reflect these amendments. 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 freedom from discrimination on the grounds set out in the Human Rights Act 1993 (Human Rights Act). It is generally unlawful to treat people in comparable circumstances differently on the basis of a prohibited ground unless the differential treatment is justified. Two factors must be met for dis...