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1. Water Services Entities Bill [pdf, 187 KB]

   ...an expectation of privacy than an ordinary citizen. Section 19 – Freedom from discrimination 22. 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 s 21 of the Human Rights Act 1993 (the Human Rights Act). For the purposes of this advice, prohibited grounds of discrimination under s 21 of the Human Rights Act include: race, ethnic or national origins, and disability. 23. Discrimination under s 19 of th...

2. Zhang v The First Org Ltd (Strike Out) [2024] NZHRRT 11 [pdf, 163 KB]

   Reference No. HRRT 030/2021 UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN TAIMING ZHANG PLAINTIFF AND THE FIRST ORG LIMITED (TRADING AS RED HILL RESTAURANT) DEFENDANT AT WELLINGTON BEFORE: Ms MG Coleman, Deputy Chairperson Ms ST Scott QSM, Member Ms EF Tait, Member REPRESENTATION: Mr T Zhang in person Mr J Todd for defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 12 March 2024 DECISION OF TRIBUNAL STRIKING OUT TH...

3. BORA CYPF (Oranga Tamariki) Legislation Bill - supplementary advice [pdf, 199 KB]

   ...Consistency of the Bill with the Bill of Rights Act Section 19(1) - Right to be free from discrimination 11. 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. 12. 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 of discrimination under s 21 o...

4. Kropelnicki v Wellington City Council (Strike-Out) [2021] NZHRRT 30 [pdf, 110 KB]

   Reference No. HRRT 007/2018 UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN BARTON KROPELNICKI PLAINTIFF AND WELLINGTON CITY COUNCIL DEFENDANT AT WELLINGTON BEFORE: Ms MG Coleman, Deputy Chairperson Ms WV Gilchrist, Member Dr NR Swain, Member REPRESENTATION Mr B Kropelnicki in person Ms H Hedley for defendant DATE OF HEARING: Heard on the Papers DATE OF DECISION: 9 July 2021 DECISION OF TRIBUNAL STRIKING OUT CLAIM1 INTRODUCTION [1...

5. Director of Proceedings v Nelson (Costs) [2014] NZHRRT 33 [pdf, 60 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2014] NZHRRT 33 Reference No. HRRT 026/2012 UNDER SECTION 50 OF THE HEALTH AND DISABILITY COMMISSIONER ACT 1994 BETWEEN DIRECTOR OF PROCEEDINGS PLAINTIFF AND RUTH NELSON DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines QC, Chairperson Ms K Anderson, Member Ms WV Gilchrist, Member REPRESENTATION: Mr A Martin, Director of Proceedings, Plaintiff and Ms H Cook Mr AC Beck for defendant...

6. OIA-101880.pdf [pdf, 9.7 MB]

   ...Analysis - 2. 18/11/2019 internal working Hate Speech Work: Non-regulatory options Withheld in full under section 9(2)(g)(i) document 3. 13/12/2019 Briefing Strengthening the incitement provisions and Some information withheld under processes in the Human Rights Act 1993 section 9(2)(a) Analysis - 4. 26/11/2019 document to Hate Speech - QA of options analysis and Withheld in full under section 9(2)(g)(i) support internal commissioning advice to Minister meetinq 5. September Dr...

7. Nakarawa v AFFCO NZ Ltd [2014] NZHRRT 9 [pdf, 168 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2014] NZHRRT 9 Reference No. HRRT 011/2011 UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN JALESI NAKARAWA PLAINTIFF AND AFFCO NEW ZEALAND LIMITED DEFENDANT AT HAMILTON BEFORE: Mr RPG Haines QC, Chairperson Ms PJ Davies, Member Mr MJM Keefe JP, Member REPRESENTATION: Mr MD Benefield for Plaintiff Ms ME Wilson for Defendant DATE OF HEARING: 19 December 2011 DATE OF LAST SUBMISSIONS: 28 Nov...

8. OT US v N Ltd [2023] NZDT 169 (8 June 2023) [pdf, 196 KB]

   ...11 February 2023, the sign was prominent enough for him to see on the closed door. 23. Further, I take into account that Section 33 of the CGA provides that there shall be no right of redress against a supplier because of a cause independent of human control. 24. I accept that the cyclone Gabriel was an extreme weather event and a “a cause independent of human control”. 25. For these reasons I am satisfied that US and OT have not been able to prove that it is more likely tha...

9. BORA Walking Access Bill [pdf, 304 KB]

   ...negotiation of new public access across private land. POSSIBLE INCONSISTENCIES WITH THE BILL OF RIGHTS ACT Freedom from Discrimination 4. Section 19(1) of NZBORA affirms the freedom from discrimination on prohibited grounds set out section 21 of the Human Rights Act 1993 including race. In determining whether a provision is inconsistent with section 19(1) we consider whether: a) the provision draws a distinction on one of the prohibited grounds in section 21 of the Human Rights A...

10. BORA Trans-Pacific Partnership Agreement Amendment Bill [pdf, 187 KB]

    ...Section 14 – Freedom of expression 5. Section 14 of the Bill of Rights Act affirms that everyone has the right to freedom of expression. This right includes commercial, artistic and political expression and has been held to be “as wide as human thought and imagination”. 1 Two aspects of the Bill raise freedom of expression issues. Extending duration of copyright 6. Intellectual property law, such as the Copyright Act, limits freedom of expression. This is because the act...