Search Results

1. BORA Cultural Property (Protection in Armed Conflict) Bill [pdf, 230 KB]

   ...absolute prohibition on the unofficial use of the Emblem. CONSISTENCY WITH SECTION 19 OF THE BILL OF RIGHTS ACT 14. Section 19 the Bill of Rights Act affirms the right to be free from discrimination on the grounds set out in section 21 of the Human Rights Act 1993. These grounds include, inter alia, ethnic or national origins (including nationality or citizenship). 15. In our view, taking into account the various domestic and overseas judicial pronouncements as to the meaning of d...

2. BORA Employment (Pay Equity and Equal Pay) Bill [pdf, 304 KB]

   ...by the Bill are justified under s 5 of the Bill of Rights Act. Section 19 – Freedom from discrimination 16. 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, including sex.2 17. The key questions in assessing whether there is a limit on the right to freedom from discrimination are:3 a. does the legislation draw a distinction on one or more of the prohibited grounds of discr...

3. Plant Variety Rights [pdf, 210 KB]

   ...expression are justified under s 5 of the Bill of Rights Act. 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 the Human Rights Act 1993 (the Human Rights Act). 6 Although, under cl 107 the information does not need to be made publicly available if the Commissioner has reasonable grounds to believe the information should not be made publicly available....

4. [2022] NZACC 6 – Jones v ACC (19 January 2022) [pdf, 164 KB]

   ...required that the judgment be recalled.2 [15] The Court noted that the basis for Mr Jones’ application for recall related to the third category, and flowed from the destruction of his 1991 claim file, and that he relied upon the decision of the Human Rights Review Tribunal in Vivash.3 The Court determined that the Vivash decision had no application to the present proceeding, as the Human Rights Review Tribunal was exercising a different jurisdiction and applying legislation f...

5. 20230413-Dairy-Industry-Restructuring-Fonterra-Capital-Restructuring-Amendment-Bill.pdf [pdf, 194 KB]

   ...seizure appears to be reasonable and that therefore this right is not engaged. Section 19 – Freedom from discrimination 13. 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 (the Human Rights Act). 14. Discrimination under section 19 of the Bill of Rights Act arises where:10 a. there is differential treatment or effects as between persons or groups in analogous or comparable situations based...

6. Director of Proceedings v Wilding International Ltd [2021] NZHRRT 45 [pdf, 351 KB]

   ...on the papers DATE OF DECISION: 22 September 2021 (REDACTED) DECISION OF TRIBUNAL1 1 [This decision is to be cited as Director of Proceedings v Wilding International Ltd [2021] NZHRRT 45. Note publication restrictions.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2021] NZHRRT 45 I TE TARAIPIUNARA MANA TANGATA 2 [1] These proceedings under the Health and Disability Commissioner Act 1994 were filed on 20 April 2021. [2] Subsequent to the filing of the proceedings th...

7. 2017 NZSSAA 017 (20 April 2017) [pdf, 166 KB]

   ...New Zealand Government, as part of its obligations under the United Nations quota refugee programme. New Zealand invited her to this country with full knowledge of her complex medical needs and is obliged to meet her fundamental entitlement to human dignity. Those circumstances do not make Ms XXXX’s situation different from others in the same position, however, the context usefully reminds us of the humanitarian standards New Zealand sets for itself. In the context of New Zealan...

8. Keston v Redwood Corporation Ltd (Extension of Time to Commence Proceedings) [2022] NZHRRT 50 [pdf, 141 KB]

   ...in this Tribunal, as he sought to commence proceedings under s 98(1)(b) of the Act one week late. 1 [This decision is to be cited as Keston v Redwood Corporation Ltd (Extension of Time to Commence Proceedings) [2022] NZHRRT 50.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2022] NZHRRT 50 I TE TARAIPIUNARA MANA TANGATA 2 BACKGROUND [1] In May 2021 Mr Keston made an IPP6 request to the Redwood Corporation Limited trading as Pelican Club (Pelican Club) to access his personal info...

9. BORA Taxation (Annual Rates for 2015-16, Research and Development, and Remedial Matters) Bill [pdf, 312 KB]

   ...consistent with section 14 of the Bill of Rights Act. Section 19 – Freedom from discrimination 8. 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. Prohibiting beneficiaries from electing to end formula assessments of child support 9. Clause 11 of the Bill does not allow social security beneficiaries to elect to end a formula assessment of child support. Under se...

10. [2023] NZEnvC 122 Morrison v Dunedin City Council [pdf, 2.9 MB]

    ...personls and ensure that overland stormwater flows are not interrupted and not increase any adverse effects from local ponding during storm rainfall events. National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health 12. Soil testing by a suitably qualified person is recommended to verify that the site does not contain any soi/ contaminants likely to affect human health. The status of the land in terms of the Resource Management (National...