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1. BORA Health (Protection) Amendment Bill [pdf, 304 KB]

   ...individual poses, or may pose, a “public health risk”, which is defined as a substantial risk of serious harm to the health or safety of others. 7. The second aspect is the overarching principles that ensure that the measures are applied within a human rights framework. The following principles are to be taken into account by every person and court performing a function under new Part 3A: 1 • An individual should, where possible, be given the opportunity to voluntarily comp...

2. BORA Kermadec Ocean Sanctuary Bill [pdf, 231 KB]

   ...Act. Section 19 – Consistency with the Right to Freedom from Discrimination 9. Section 19 of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the prohibited grounds set out in section 21 of the Human Rights Act 1993. The grounds of discrimination under the Human Rights Act include sex, marital status, race, disability, age, employment status, and family status. 10. A legislative provision will limit the right to freedom from discrimin...

3. IHC New Zealand v Ministry of Education (Non-Party Access No. 2) [2014] NZHRRT 20 [pdf, 51 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2014] NZHRRT 20 Reference No. HRRT 024/2012 UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN IHC NEW ZEALAND PLAINTIFF AND MINISTRY OF EDUCATION FIRST DEFENDANT AND SECRETARY FOR EDUCATION SECOND DEFENDANT AT AUCKLAND BEFORE: Mr RPG Haines QC, Chairperson Ms GJ Goodwin, Member Mr BK Neeson, Member REPRESENTATION: Ms F Joychild QC for Plaintiff Ms M Coleman and Mr SJ Humphrey for First and...

4. BORA Prisoners’ and Victims’ Claims (Continuation and Reform) Amendment Bill [pdf, 425 KB]

   ...delays prisoners receiving damages that are intended to have a compensatory effect, particularly for the prisoner’s pecuniary and intangible losses. However, this limit is justifiable under s 5 of the Bill of Rights Act. Damages awarded under human rights instruments can properly be subject to the same sorts of conditions and restrictions, such as attachment and set-off, as any other civil claim. 4.2 To the extent the amendments in the Bill relating to unlawful detention claims ma...

5. [2017] NZEmpC 161 Aslam v Transportation Auckland Corp Ltd [pdf, 284 KB]

   ...suspended [15] Once Mr McLeod had the email from the passenger and Mr Aslam’s email of 13 July 2016, he arranged an initial meeting with Mr Aslam for later that day. Prior to that initial meeting, Mr McLeod and Transportation Auckland’s regional human resources manager met with Mr Gary Froggatt, the President of the Tramways Auckland Union. [16] They advised Mr Froggatt of the company’s concerns and the detail of the complaint, and showed him the video. Mr Froggatt then...

6. [2019] NZREADT 45 Beatson - Ruling on Costs (26 November 2019) [pdf, 167 KB]

   ...the Second Respondents, Mr Sheppard argued that the approach that had been adopted in Andrews was not applicable to costs awards in the Tribunal. He contended: 22. It is acknowledged that in some cases before some Tribunals, in particular the Human Rights Review Tribunal, there needs to be caution exercised not to deter access to justice by making costs awards. However, that is not the case here. This case does not involve any public law or constitutional matter (as in the case...

7. Justice Matters - issue 14 - April 2019 [pdf, 4.5 MB]

   ...Justice Matters FIND US ON: @justicenzgovt @MinistryofJusticeNZ New-zealand-ministry-of-justice Our new Secretary for Justice A message from our Minister Compassion Wall for the Christchurch tragedy Ministry plays lead role as NZ examined on human rights record Evaluating the Alcohol and Other Drug Treatment Court pilot Second round of consultation starts on the family justice system New Zealand scores highly on international anti-corruption index Around the Ministry Hāpaitia...

8. BORA Maori Fisheries Bill [pdf, 114 KB]

   ...of the provisions of the Bill that could be argued to give rise to prima facie issues of consistency with section 19(1) of the Bill of Rights Act - i.e. everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993. Section 19 Freedom 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 inclu...

9. HRRT Statement of Claim (Privacy) [pdf, 297 KB]

   ...City _______________________________________________________________________ State (if outside NZ) Post code ________________________________________ Country THE HUMAN RIGHTS REVIEW TRIBUNAL Statement of Claim When to use this form Use this form if you have a claim under section 98 of the Privacy Act 2020 or under the Privacy Act 1993. Completing this form • Print clearly in CAPITALS. Use a black pe...

10. Brown v Progressive Enterprises Ltd (Strike-Out) [2024] NZHRRT 10 [pdf, 207 KB]

    1 DECISION OF TRIBUNAL STRIKING OUT CLAIM1 [1] Mr Brown claims employees of Progressive Enterprises Limited2 (PEL) at a Countdown store discriminated against him and victimised him in breach of the Human Rights Act 1993 (HRA) as they threatened to trespass him from the store and tried to provoke him into an altercation so he could be trespassed. [2] In response to Mr Brown’s claim, PEL filed an application to strike-out the claim. The basis of the PEL’s strike-out appli...