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1. Director of Proceedings v Xu [2023] NZHRRT 30 [pdf, 554 KB]

   (1) ORDER PROHIBITING PUBLICATION OF NAME OR IDENTIFYING PARTICULARS OF THE AGGRIEVED PERSON (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE CHAIRPERSON OR OF THE TRIBUNAL Reference No. HRRT 023/2023 UNDER THE HEALTH AND DISABILITY COMMISSIONER ACT 1994 BETWEEN DIRECTOR OF PROCEEDINGS PLAINTIFF AND SHENGMING (STEVEN) XU DEFENDANT AT WELLINGTON BEFORE: Ms SJ Eyre, Chairperson Dr SJ Hickey MNZM, Member Ms SP Stewart, Member REPRESENTATION: Ms C...

2. Kelly v Tall Poppies Education Limited [2024] NZHRRT 54 [pdf, 339 KB]

   ...The plaintiff says she is an individual, not her diagnosis, and it is wrong to assume children in her care may have been at risk. [6] The defendants deny the discrimination on the basis their actions were not by reason of the plaintiff’s disability. [7] The defendants point to regulation 57 of the Education (Early Childhood Services) Regulations 2008 (Regulation 57). This Regulation required Tall Poppies as an operator and the plaintiff as an educator to exclude persons “in...

3. Director of Proceedings v Counties Manukau District Health Board [2020] NZHRRT 4 [pdf, 578 KB]

   ...Deputy Chairperson Dr SJ Hickey MNZM, Member Dr JAG Fountain, Member REPRESENTATION: Ms K Eckersley, Director of Proceedings Ms B Johns for defendant DATE OF DECISION: 5 February 2020 Reference No. HRRT 041/2019 SECTION 50 OF THE HEAL TH AND DISABILITY COMMISSIONER ACT 1994 DIRECTOR OF PROCEEDINGS PLAINTIFF COUNTIES MANUKAU DISTRICT HEAL TH BOARD DEFENDANT (REDACTED) DECISION OF TRIBUNAL1 [1] These proceedings under s 50 of the Health and Disability Commissioner Act 19...

4. [2018] NZSSAA 21 (7 May 2018) [pdf, 233 KB]

   ...provides for the ability to provide grants of money to provide assistance, either on a recoverable or non-recoverable basis. b) Providing an advance payment of benefit (New Zealand Superannuation in the appellant’s case). c) Granting a Disability Allowance and making an advance payment of the Disability Allowance. 3 [7] The appellant particularly emphasised the potential for an advance payment of a Disability Allowance. He considered that this was the most appr...

5. Director of Proceedings v Radius Residential Care Ltd [2019] NZHRRT 24 [pdf, 268 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2019] NZHRRT 24 Reference No. HRRT 014/2019 UNDER SECTION 50 OF THE HEALTH AND DISABILITY COMMISSIONER ACT 1994 BETWEEN DIRECTOR OF PROCEEDINGS PLAINTIFF AND RADIUS RESIDENTIAL CARE LIMITED DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines ONZM QC, Chairperson Dr SJ Hickey MNZM, Member Mr Mike Keefe JP QSM, Member REPRESENTATION: Ms J Herschell, Acting Director of Proceedings Ms J Sta...

6. [2021] NZACC 195 – Kors v ACC (7 December 2021) [pdf, 233 KB]

   ...assessors. • In terms of brain injury, the injuries described by Mr Kors would be technically classified as “minimal” or “mild” at most. • A series of mild head injuries such as those described by Mr Kors does not result in significant disability. The scientific literature is clear on this. • Normally no ongoing disability would be expected following a series of injuries such as those described by Mr Kors: 3 • There is robust evidence from previous assessmen...

7. Director of Proceedings v Campbell [2015] NZHRRT 10 [pdf, 574 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2015] NZHRRT 10 Reference No. HRRT 016/2015 UNDER SECTION 50 OF THE HEALTH AND DISABILITY COMMISSIONER ACT 1994 BETWEEN DIRECTOR OF PROCEEDINGS PLAINTIFF AND JENNIFER CAMPBELL DEFENDANT AT AUCKLAND BEFORE: Mr RPG Haines QC, Chairperson Dr SJ Hickey MNZM, Member Mr RK Musuku, Member REPRESENTATION: Ms N Wills, Director of Proceedings Ms C Humphrey for defendant DATE OF DECISION:...

8. Marshall v IDEA Services Ltd (HDC Act) [2020] NZHRRT 9 [pdf, 434 KB]

   ...interference with the right [117] The discretion to grant a remedy [126] OVERALL CONCLUSION [129] FORMAL ORDERS [132] COSTS [134] 3 INTRODUCTION Eamon Marshall [1] Eamon Marshall, presently some 17 years of age, is profoundly disabled. The following description of his disabilities has been taken from the report of the Health and Disability Commissioner in Case 16HDC00597 (12 October 2018 at [35]): 35. Eamon Marshall has tuberous sclerosis2 and intractable epil...

9. BORA New Zealand Sign Language Bill [pdf, 95 KB]

   ...the Bill of Rights Act. Section 19(1) of the Bill of Rights Act provides the right to freedom from discrimination on the grounds set out in section 21 of the Human Rights Act 1993. These grounds include, inter alia, ethnic or national origin, and disability. 7. In our view, taking into account the various domestic and overseas judicial pronouncements as to the meaning of discrimination, the key questions in assessing whether discrimination under section 19 exists are: i. Does the leg...

10. Directory of Official Information G-I [pdf, 903 KB]

    ...District Health Board ...................................................................................25 Ministry of Health ...............................................................................................................27 Health and Disability Commissioner .................................................................................35 Te Hiringa Hauora | Health Promotion Agency ................................................................40 Te Tāhū Hauora Hea...