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1. [2016] NZSSAA 75 (22 July 2016) [pdf, 65 KB]

   ...Hume for the Chief Executive of the Ministry of Social Development DECISION Introduction [1] The appellant appeals against a decision of the Chief Executive upheld by a Benefits Review Committee to establish and recover overpayments of Disability Allowance paid in respect of the period 1 September 2008 to 25 December 2011 amounting to $769.90 and Temporary Additional Support paid in respect of the period 25 January 2008 to 10 October 2012 amounting to $2,634.79. [2] The ov...

2. Marshall v IDEA Services Ltd (Costs) [2021] NZHRRT 28 [pdf, 141 KB]

   ...decision is to be cited as: Marshall v IDEA Services Ltd (Costs) [2021] NZHRRT 28] 2 UNDER THE PRIVACY ACT 2020 029/2018 BETWEEN EAMON HENNING MARSHALL Plaintiff AND IDEA SERVICES LIMITED Defendant UNDER THE HEALTH AND DISABILITY COMMISSIONER ACT 1994 041/2018 BETWEEN EAMON HENNING MARSHALL Plaintiff AND IDEA SERVICES LIMITED Defendant 3 INTRODUCTION [1] Over six days in December 2019 the Tribunal heard three proceedings bro...

3. Abortion Legislation Bill (Cabinet Papers) [pdf, 1.9 MB]

   ...to determine in her circumstances. These matters are complex and are generally closely related to the availability of prenatal screening, developments in screening techniques and the attitudes of the New Zealand public about disability and towards disabled people. It is also important to acknowledge disabled people’s experiences of discriminatory behaviours. This speaks to wider changes that are needed within New Zealand society to improve lived experiences for disabled people and to sh...

4. NZCVS-Cycle-4-Core-Report-Section-5-sv-and-fv-fin.pdf [pdf, 907 KB]

   ...partner had experienced IPV in their lifetime, with no statistically significant change from the base year or the previous year. • About 23% of females and 10% of males who have ever had a partner had experienced IPV in their lifetime. • Disabled adults were at elevated risk of having experienced any sexual assault or IPV during their lifetime, especially when controlling for age (45% compared with 29% of all adults). 5 Table of Contents 5 Sexual violence and vi...

5. Incitement-of-Hatred-Hate-Crime-and-Discrimination_FINAL.pdf [pdf, 559 KB]

   ...diverse sex characteristics. Relation to Government priorities 2 Labour’s 2020 Election Manifesto committed to extending legal protections under the HRA for groups that experience hate speech including for reasons of religion, gender, disability, or sexual orientation. Extending the criminal protection against inciting speech to religious belief was one of the recommendations of the Royal Commission of Inquiry into the terrorist attack on Christchurch masjidain on...

6. Director of Proceedings v Oceania Care Company Ltd [2022] NZHRRT 8 [pdf, 923 KB]

   ...PROHIBITING PUBLICATION OF NAME OR IDENTIFYING PARTICULARS OF AGGRIEVED PERSON (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE CHAIRPERSON OR OF THE TRIBUNAL Reference No. HRRT 064/2021 UNDER SECTION 50 OF THE HEALTH AND DISABILITY COMMISSIONER ACT 1994 BETWEEN DIRECTOR OF PROCEEDINGS PLAINTIFF AND OCEANIA CARE COMPANY LIMITED DEFENDANT AT WELLINGTON BEFORE: Ms J Foster, Deputy Chairperson Dr SJ Hickey MNZM, Member Ms S Stewart, Mem...

7. Zhang v Victoria University of Wellington [2023] NZHRRT 36 [pdf, 124 KB]

   ...grounds of age in breach of s 53 of the Human Rights Act 1993 (HRA). [8] Mr Zhang has arthritis in his big toe, which makes walking painful. For this reason, he also claimed that the policy indirectly discriminated against him on the grounds of disability in breach of s 53(1)(d) and s 65 of the HRA. This was because most of the (age restricted) catered halls were located in areas of central Wellington where there was reasonably flat access to public transport to the University. In c...

8. BORA Trusts Bill [pdf, 161 KB]

   ...Making trust law more accessible. Whether s 19 is at issue 6. Section 19(1) of the Bill of Rights Act provides that everyone has the right to freedom from discrimination on grounds set out in the Human Rights Act 1993. Those grounds include age and disability. 2 4135720_TRUSTS BILL_ ADVICE TO AG.DOCX 6.1 Age means any age commencing with the age of 16.1 6.2 Disability is defined to include intellectual or psychological disability or impairment and any other loss or abnormalit...

9. [2018] NZSSAA 15 (15 March 2018) [pdf, 142 KB]

   ...person R Shaw, counsel for the Chief Executive DECISION Background [1] The issue in each of these appeals is whether at the relevant time XXXX (the appellant) had a dependent child (her son SL) and, if so, whether she was entitled to Disability Allowance on account of SL (SSA 148/16) and/or Jobseeker Support Student Hardship Allowance at the rate of a person with a dependent child (SSA 141/17).1 1 The appeals are brought onl...

10. Director of Proceedings v Brooks [2019] NZHRRT 37 [pdf, 828 KB]

    ...RIGHTS REVIEW TRIBUNAL [2019] NZHRRT 37 UNDER BETWEEN AND AT WELLINGTON BEFORE: Mr RPG Haines ONZM QC, Chairperson Ms K Anderson, Member Ms W Gilchrist, Member REPRESENTATION: Reference No. HRRT 093/2016 SECTION 50 OF THE HEAL TH AND DISABILITY COMMISSIONER ACT 1994 DIRECTOR OF PROCEEDINGS PLAINTIFF WILLIAM ARTHUR BROOKS DEFENDANT Ms V Casey QC and Ms J Herschell for plaintiff Mr AH Waalkens QC and Ms K Wills for defendant DATE OF DECISION: 1 August 2019 DECIS...