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1. HRRT Statement of Reply (Privacy) [pdf, 236 KB]

   ...___________________________________________________________________ Preferred contact option for this reply. Please choose one and give the details.  Email  Postal address Email address __________________________________________________________________________ THE HUMAN RIGHTS REVIEW TRIBUNAL Statement of Reply When to use this form Use this form if you are named as a defendant in a ‘Statement of Claim’ under section 98 of the Privacy Act 2020 and wish to file a ‘Stat...

2. Inspector General of Intelligence and Security PD [pdf, 50 KB]

   ...Security Bureau • New Zealand Intelligence Community • Inspector-General’s Advisory Panel • Ministry of Justice • Department of the Prime Minister and Cabinet • Controller and Auditor-General • Ombudsmen • Privacy Commissioner • Human Rights Commission • Independent Police Conduct Authority • Counterpart oversight bodies in other countries Staff Responsibilities: The appointee will be expected to lead the Office of the Inspector- General to effectively carr...

3. BORA Social Security (Winter Energy Payment) Amendment Bill [pdf, 145 KB]

   ...the Bill of Rights Act Section 19(1) – Freedom from discrimination 8. Section 19(1) of the New Zealand Bill of Rights Act 1990 affirms that everyone has the right to freedom from discrimination on the prohibited grounds set out in s 21 of the Human Rights Act 1993. The grounds of discrimination under the Human Rights Act include employment status, which includes being unemployed or in receipt of a benefit. 9. A legislative provision will limit the right to freedom from discrimination...

4. BORA Social Security Long Term Residential Care Amendment Bill [pdf, 136 KB]

   ...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...

5. Fitikefu v Department of Corrections (Strike-Out Application) [2019] NZHRRT 51 [pdf, 224 KB]

   ...that time working with Mr Fitikefu’s former partner and baby daughter. 1 [This decision is to be cited as Fitikefu v Department of Corrections (Strike-Out Application) [2019] NZHRRT 51.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2019] NZHRRT 51 2 [2] The alleged disclosure occurred many years ago on 11 June 2010 and the case for Corrections on this strike-out application is that Mr Fitikefu has delayed too long the filing of these proce...

6. BORA New Zealand Horticulture Export Authority Amendment Bill [pdf, 377 KB]

   ...affirmed in section 17 of the Bill of Rights Act. Section 19 – Freedom from discrimination 10. Section 19(1) of the Bill of Rights Act affirms the right to be free from discrimination on the prohibited grounds of discrimination set out in the Human Rights Act 1993. Those grounds include personal characteristics such as sex, nationality, citizenship and age. 11. Clause 31 of the Bill inserts new section 62, which allows regulations to be made prescribing fees that may be charged by t...

7. BORA Prohibition of Gang Insignia in Government Premises Bill [pdf, 292 KB]

   ...ACT Freedom of expression 5. Section 14 of the Bill of Rights Act affirms the right to freedom of expression, which includes the freedom to seek, receive, and impart information and opinions of any kind and in any form. The right is as wide as human thought and imagination.[1] 6. Gang insignia can be considered a form of expression and may fall under the protection of s 14 of the Bill of Rights Act. Gang insignia is, however, at the lower end of protected expression as it is associate...

8. Overseas Investment (COVID-19 Emergency Measures) Amendment Bill [pdf, 288 KB]

   ...consent to enable distressed firms to quickly access debt and equity finance in order to remain viable. Section 19 – Freedom from discrimination 6. Section 19(1) of the Bill of Rights Act affirms the right to be free from discrimination. The Human Rights Act 1993 provides that ethnic or national origins, which includes nationality or citizenship, is a prohibited ground of discrimination.3 7. The key question, in assessing whether there is a limit on the right to freedom from discr...

9. Tai Rakena v Corrections (Strike-Out Application) [2018] NZHRRT 19 [pdf, 84 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2018] NZHRRT 19 Reference No. HRRT 011/2017 UNDER THE PRIVACY ACT 1993 BETWEEN MICHAEL TAI RAKENA PLAINTIFF AND CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines QC, Chairperson Mr R K Musuku, Member Mr B K Neeson JP, Member REPRESENTATION: Mr M Tai Rakena in person Ms V McCall and Ms G Taylor for defendant DATE OF HEARING: Heard on the p...

10. Fehling v Appleby (Recusal Application) [2014] NZHRRT 11 [pdf, 65 KB]

    1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2014] NZHRRT 11 Reference No. HRRT 028/2012 UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN FRIEDRICH JOACHIM FEHLING PLAINTIFF AND DOUGLAS JOHN APPLEBY DEFENDANT AT AUCKLAND BEFORE: Mr RPG Haines QC, Chairperson Mr GJ Cook JP, Member Dr SJ Hickey, Member REPRESENTATION: Mr FJ Fehling in person Mr MM Bell for defendant DATE OF DECISION: 17 March 2014 DECISION OF TRIBUNAL ON RECUSAL...