Search Results

1. 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...

2. [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...

3. 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:...

4. 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...

5. 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...

6. 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...

7. [2019] NZEmpC 43 Moody v Chamberlain [pdf, 241 KB]

   ...Anderson-Bidois, counsel for the Human Rights Commission Judgment: 9 April 2019 INTERLOCUTORY JUDGMENT (NO 3) OF CHIEF JUDGE CHRISTINA INGLIS (Applications for leave to appear and be heard) [1] The plaintiffs are the parents of three disabled adult children. Litigation guardians have been appointed to represent the interests of the adult children in these proceedings. I also directed, at an early stage, that a full Court be convened to hear the claim. That...

8. [2016] NZSSAA 019 (11 March 2016) [pdf, 37 KB]

   ...appellant in person Ms J Hume for the Chief Executive of the Ministry of Social Development DECISION Introduction [1] The appellant appeals against a decision of the Chief Executive confirmed by a Benefits Review Committee declining to pay Disability Allowance to the appellant. [2] The appellant’s application for Disability Allowance was declined on the basis that the Chief Executive assessed the appellant’s income to be in excess of the applicable income limit....

9. Fourth-Universal-Periodic-Review-documents_FINAL.pdf [pdf, 805 KB]

   ...discussed under sections on Indigenous rights; women’s rights, including the pay gap and family violence and sexual violence; children’s rights including child poverty reduction and legislative changes; the rainbow community; and disability rights, including the formation of the Ministry of Disabled People. Issues relating to health, including mental health services and the COVID-19 response, and education are also covered. 10 The report includes an annex on the hum...

10. Final Report of the Independent Panel - Word [docx, 11 MB]

    ...Summary 4 Introduction 21 What we did 22 What we found 24 Te Korowai Ture ā-Whānau: the family justice service 28 Part One: System-wide Issues 32 Children’s participation 34 Recognition of te ao Māori 37 Responding to diversity 41 Accommodating disability 45 Family violence and children’s safety 48 Delays 55 Part Two: Encouraging Early Agreement 58 Quality, accessible information 60 Counselling 62 Parenting Through Separation 64 Family Dispute Resolution 67 Access to early legal advice 7...