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1. BORA Fiordland Marine Management Bill [pdf, 286 KB]

   ...customary practices, Schedule 2A appears to be inconsistent with section 20 of the Bill of Rights Act. 12. Section 20 affirms the right of minorities2 not to be denied their right to engage in cultural activities. 3 . 13. The United Nations Human Rights Committee has observed that culture: “…manifests itself in many forms, including a particular way of life associated with land resources, especially in the case of indigenous peoples. That right may include such tradi...

2. [2018] NZEmpC 148 Bowen v Bank of NZ [pdf, 218 KB]

   ...[3] The principal reason for the application is that Ms Bowen believes that there is a risk that the BNZ will destroy evidence that is critical and relevant to protected disclosures she has made and to the proceedings that she has pending in the Human Rights Review Tribunal and in the Employment Relations Authority (the Authority). [4] The BNZ has identified the proceedings currently filed in the Court and the Authority as: (a) A statement of problem filed in the Authority in A...

3. Memorandum-of-counsel-Amir-Bastani-representing-Mrs-El-Shazly-and-family.-11.3.2022.pdf [pdf, 227 KB]

   ...Document and Video Footage. Based on instructions of the Interested Parties, Counsel may request specific information in line with the provisions that were outlined in the Minute. 5. The Interested Parties intend to support the application for the Human Rights Commission to be granted leave to intervene. The Interested Parties believe the Human Rights Commission has a crucial role to play in the inquiry. Counsel submits that human right issues need to be completely considered...

4. DOP v Nelson (Application for In-Court Media Coverage) [2013] NZHRRT 13 [pdf, 46 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2013] NZHRRT 13 Reference No. HRRT 026/2012 UNDER SECTION 50 OF THE HEALTH AND DISABILITY COMMISSIONER ACT 1994 IN THE MATTER OF AN APPLICATION FOR IN-COURT MEDIA COVERAGE BETWEEN DIRECTOR OF PROCEEDINGS PLAINTIFF AND RUTH NELSON DEFENDANT TRIBUNAL: Mr RPG Haines QC, Chairperson REPRESENTATION: Mr A Martin, Director and Ms Cook Mr A Beck for defendant Ms B Torrie for Fairfax Ltd...

5. Youngman v Waikato District Health Board (Strike-Out Application) [2017] NZHRRT 43 [pdf, 171 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2017] NZHRRT 43 Reference No. HRRT 066/2015 UNDER THE PRIVACY ACT 1993 BETWEEN KELVYN JAMES YOUNGMAN PLAINTIFF AND WAIKATO DISTRICT HEALTH BOARD DEFENDANT AT AUCKLAND BEFORE: Ms MA Roche, Co-Chairperson Ms LJ Alaeinia, Member Mr MJM Keefe JP, Member REPRESENTATION: Ms OJ Morgan for plaintiff Mr PM White for defendant DATE OF HEARING: Heard on the papers DATE OF DECISION:...

6. Te Wini v Askelund [2015] NZHRRT 21 [pdf, 97 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2015] NZHRRT 21 Reference No. HRRT 021/2013 UNDER THE PRIVACY ACT 1993 BETWEEN RICKEE TE WINI PLAINTIFF AND GRAEME ASKELUND DEFENDANT AT AUCKLAND BEFORE: Mr RPG Haines QC, Chairperson Mr RK Musuku, Member Mr BK Neeson JP, Member REPRESENTATION: Mr R Te Wini in person Mr G Askelund in person DATE OF HEARING: 7 April 2015 DATE OF DECISION: 15 June 2015 DECISION OF TRIBUN...

7. 20240514-Oranga-Tamariki-Repeal-of-Section-7AA-Amendment-Bill [pdf, 181 KB]

   ...immediate future. Consistency of the Bill with the Bill of Rights Act Section 19 – Freedom from discrimination 6. 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). Two factors must be met for discrimination to be identified under s 19(1) of the Bill of Rights Act: 1 a. there is a differential treatment or effect as between persons or groups in analogous or co...

8. BORA Civil Defence Emergency Management Amendment Bill [pdf, 308 KB]

   ...proportion to the importance of the objective. 13. New section 94K provides Recovery Managers and constables with the power to direct the evacuation of any premises or place, including any public place, if they deem it necessary for the preservation of human life. It also provides Recovery Managers and constables with the power to exclude any persons or vehicles from any premises or place for the same purpose. The proportionality and public interest requirements in new section 94G do not...

9. Hazardous Substances and New Organisms Assessments Amendment Bill [pdf, 136 KB]

   ...decision or no application for reassessment has been made; and 1 R v Wholesale Travel Group (1992) 84 DLR (4th) 161, 188 citing R v Oakes [1986] 1 SCR 103. c. the EPA has reasonable cause to believe that there is actual or likely danger to human health or safety or the environment from the use of the substance; and d. the EPA has consulted the persons who the EPA considers are likely to be directly affected by the restriction of use. 11. A notice under s 64A may prohibit th...

10. Badillo-Lopez v Uber New Zealand (Strike-Out Application) [2019] NZHRRT 18 [pdf, 232 KB]

    ...the statement of claim that relate to Principles 1, 8 and 11 be struck out. 1 [This decision is to be cited as Badillo-Lopez v Uber New Zealand (Strike-Out Application) [2019] NZHRRT 18.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2019] NZHRRT 18 2 [2] The grounds on which either of the orders were sought include the following: [2.1] The Tribunal does not have jurisdiction to investigate the claim in respect of Principles 1, 8 and 11....