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1. BORA - Abortion Legislation Bill: Crown Law's advice [pdf, 220 KB]

   ...right to life. … 10. Equally, the Bill of Rights does not provide a statutory context in which to deviate from the born alive rule. Miller J in Right to Life considered whether the phrase “no one” in s 8 of the Bill of Rights included all humans, legal and natural, such that it also included a foetus. His Honour concluded s 8 did not extend to a foetus, nor could s 6 operate to extend the meaning of a person to include a foetus. His Honour did so on the basis that: first, very...

2. Willing v New Zealand Police (Strike-Out Application) [2020] NZHRRT 17 [pdf, 482 KB]

   ...to the Privacy Commissioner in 2016 about concerns arising from that request. 1 [This decision is to be cited as Willing v New Zealand Police (Strike-Out Application) [2020] NZHRRT 17] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2020] NZHRRT 17 2 [2] On 30 March 2017, Mr Willing filed a claim in this Tribunal seeking compensation for interferences with his privacy. The Police filed a statement of reply o...

3. BORA Resource Management (Energy And Climate Change) Amendment Bill [pdf, 12 KB]

   ...5. In accordance with your instructions we attach a copy of this opinion for referral to the Minister of Justice. A copy is also attached for referral to the Minister for the Environment, if you agree. Margaret Dugdale Manager Bill of Rights/Human Rights Team Val Sim Chief Legal Counsel CC Minister of Justice Minister for the Environment In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist...

4. BORA Resource Management Amendment Bill Vet [pdf, 215 KB]

   ...Consistency of the Bill with the Bill of Rights Act Section 19 - freedom from discrimination 8. 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’). 9. 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 grou...

5. BORA Public Works (Offer back and Compensation for Acquired Land) Amendment Bill [pdf, 189 KB]

   ...above. 3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed by the Bill of Rights Act. Melanie Webb Manager, Ministerial Advice Office of Legal Counsel Margaret Dugdale Policy Manager, Bill of Rights/Human Rights Public Law Group In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parl...

6. Naidu v Royal Australasian College of Surgeons (Costs) [2018] NZHRRT 33 [pdf, 95 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2018] NZHRRT 33 Reference No. HRRT 036/2016 UNDER THE PRIVACY ACT 1993 BETWEEN RAM NAIDU PLAINTIFF AND ROYAL AUSTRALASIAN COLLEGE OF SURGEONS DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines ONZM QC, Chairperson Ms K Anderson, Member Hon KL Shirley, Member REPRESENTATION: Mr AR Bell for plaintiff Mr AJ Knowsley for defendant DATE OF HEARING: 16 and 17 April 2018 DATE OF...

7. Morgan v Public Service Commissioner [2022] NZHRRT 38 [pdf, 190 KB]

   Reference No. HRRT 041/2020 UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN AFFRICA MORGAN PLAINTIFF AND THE PUBLIC SERVICE COMMISSIONER DEFENDANT AT WELLINGTON BEFORE: Ms GJ Goodwin, Deputy Chairperson Ms PJ Davies, Member Ms SM Kai Fong, Member REPRESENTATION: Ms A Morgan in person Ms E Watt and Mr J Trevella for defendant DATE OF HEARING: 8, 9 June 2022 DATE OF DECISION: 25 October 2022 DECISION OF TRIBUNAL1 INTRODUCTION [1] Ms A...

8. [2016] NZSSAA 017 (11 March 2016) [pdf, 64 KB]

   ...We do not consider there are any circumstances in this case which would persuade us that the discretion in s 70(2) should be exercised to commence deduction on a later date. [22] At the hearing of this matter we explained to the appellant that the Human Rights Act 1993 does not override the Social Security Act 1964 or the New Zealand Superannuation and Retirement Income Act 2001, although the latter legislation must be interpreted in a manner consistent with the Human Rights Act 1993. A...

9. Bradbury v Police (Mootness) [2020] NZHRRT 1 [pdf, 161 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2020] NZHRRT 1 Reference No. HRRT 047/2017 UNDER THE PRIVACY ACT 1993 BETWEEN MARTYN BRADBURY PLAINTIFF AND NEW ZEALAND POLICE DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines ONZM QC, Chairperson Ms GJ Goodwin, Deputy Chairperson Ms DL Hart, Member Ms ST Scott QSM, Member REPRESENTATION: Mr G Edgeler for plaintiff Ms V McCall and Ms A Lawson for defendant DATE OF HEARIN...

10. BORA Electoral (Finance Reform and Advance Voting) Amendment Bill [pdf, 306 KB]

    ...Electoral activity, including advertising by persons and bodies other than candidates and parties and the making of political donations, should take place in a robustly transparent way. 9. These principles have been widely accepted as consistent with human rights standards, including by the United Nations Human Rights Committee, [5] the European Court of Human Rights [6] and the Supreme Court of Canada. [7] The United States Supreme Court has, however, rejected the first principle, in...