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IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2018] NZHRRT 10 UNDER THE PRIVACY ACT 1993 BETWEEN PHILLIP GIBBONS PLAINTIFF AND ARMOUR GUARD FIRST DEFENDANT AND LISA THURGOOD SECOND DEFENDANT (REMOVED) AT AUCKLAND BEFORE: Martha Roche, Co-Chairperson Dr SJ Hickey MNZM, Member Mr BK Neeson JP, Member REPRESENTATION: Mr P Gibbons representing himself Mr I Anderson (General Manager) Mr S Morgan (National Risk Manager) and...
...with the prohibition. These limitations on entering a civil union represent a prima facie infringement on the right not be discriminated against based on “family status” as defined by s 19 BORA and ss 21(1)(l)(iv) and 2(1) (“relative”) of the Human Rights Act 1993. 5. These prima facie inconsistencies are, however, considered justified in terms of s 5 BORA. In our view, it is a justified limitation to completely prohibit a civil union between two people who are within the proh...
...applicants with less serious convictions cannot generally receive a grant within specified periods from conviction. 7. The Bill also removes distinctions on the basis of age and marital status in the Citizenship Act that are inconsistent with the Human Rights Act 1993, and amends the citizenship by descent and deprivation of citizenship provisions to prevent people becoming stateless. This will enable New Zealand to accede to the 1961 UN Convention on the Reduction of Statelessness....
...of the applicant. 7.D.5 When considering any discharge under section 12.C, including the duration of any consent, have regard to: (a) The effects, including cumulative effects, of the discharge on water quality, ecosystem health and natural and human use values, including Kāi Tahu cultural and spiritual beliefs, values and uses; and (b) The physical characteristics and any particular sensitivity of the land and the sensitivity of the any receiving water; and (c) The quality and per...
...Rights Act. Excluding subsequent legal challenges is a legitimate incident of the negotiated settlement of claims. 7. Any limit on minority rights under s 20 of the Bill of Rights Act would be justified on the same basis. 8. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 Fisheries Settlement. The Human Rights Committee found that the exclusion was consistent with articles 14 and 27 of the International Covenant on Civil and Political Rights, which...
...Deputy Chief Judge C L Fox be satisfied that the work completed has been of assistance to the majority of owners. As a result of the project, registration of 97% of the 27,411 Māori land titles was completed. It has required hundreds of hours of human resource time, with a large percentage of that time derived from the Maori Land Court judges. It is they who had to sign the 80,970 orders and the hundreds of computed and complied plans that were transmitted to LINZ pursuant to the pr...
...encourage behaviour that meets the object of the principal Act, of building productive employment relationships. 4. The Bill also repeals and replaces the Government Service Equal Pay Act 1960 and the Equal Pay Act 1972 and makes related changes to the Human Rights Act 1993 and the Health and Safety in Employment Act 1992. Section 14 of the Bill of Rights - Freedom of expression 5. A number of parts of the Bill require the employer to continue to bargain with a union despite having...
...RIGHTS ACT 19. The Bill gives rise to prima facie issues of inconsistency with section 19(1) of the Bill of Rights Act. Section 19(1) provides: "Everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993." 20. In assessing whether discrimination under section 19 exists, we consider that the key questions are: i. Does the legislation draw a distinction based on one of the prohibited grounds of discrimination, and i...
...Bill of Rights Act: A Commentary (LexisNexis NZ Ltd, Wellington, 2015) at [23.4.19]; Paul Rishworth et al. The New Zealand Bill of Rights (Oxford University Press, Melbourne, 2003) at [675. http://www.justice.govt.nz/policy/constitutional-law-and-human-rights/human-rights/bill-of-rights/minimum-wage-starting-out-wage-amendment-bill#_ftn1 c. mens rea (a guilty mind) is a requirement of the offence. 13. The Bill contains two clauses providing that an offence will be committed if done...
...MARY LAU Third Plaintiff AND PICK HAWKE’S BAY INCORPORATED Defendant Hearing: On the papers Appearances: T Oldfield, counsel for plaintiffs J Bates, L Brown and M Inwood, counsel for defendant No appearance for Human Rights Commission P Cranney and G Iddamalgoda, counsel for New Zealand Council of Trade Unions B Scotland and S Hornsby-Geluk, counsel for Horticulture New Zealand Inc Judgment: 21 February 2024 INTERLOCUTORY (NO...