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1. Fehling v Appleby (Strike-Out Application) [2013] NZHRRT 19 [pdf, 54 KB]

   ...discriminatory way)? Does s 65 HRA 1993 (indirect discrimination) require the offender to have directly stated the discriminatory grounds for his acts) in order to become valid? Do proceedings under the Privacy Act’s information provisions preclude or disable proceedings under the HRA’s anti-discrimination (incl offence definition) provisions that are brought as a consequence of the resulting emerging information? [10] In developing each of these issues Mr Fehling at times refe...

2. [2015] NZSSAA 105 (24 December 2015) [pdf, 46 KB]

   ...appellant has now received a back-payment of benefit, she was in fact left without income for a lengthy period. On the one hand it could be argued that she could have remedied her situation reasonably easily, but that does not take into account her disabilities and the difficult circumstances she was living in. It is extremely important that notice requirements be strictly complied with before the drastic action of suspending a benefit is taken. Simply making a backdated payment of ben...

3. 2017 NZSSAA 034 (4 July 2017) [pdf, 115 KB]

   ...pension, or periodical allowance, or part thereof, as the case may be, being an amount determined by the chief executive in accordance with regulations made under this Act: [7] The Act provides that certain benefits or pensions payable for injury, disability, death or war pensions are exempt but these exemptions are not applicable to the appellants. [8] In Boljevic v the Chief Executive of the Ministry of Social Development1 the High Court observed that the focus of the inquiry...

4. 2017 NZSSAA 037 (17 July 2017) [pdf, 214 KB]

   ...Development [2017] NZHC 711. [17] The Ministry’s position is that Mr XXXX received an old age pension paid in accordance with the Finnish Act. That Act also provided for a number of other benefits including pensions paid on the contingencies of disability and survivorship and, accordingly, the scheme provided benefits on the occurrence of similar events in similar circumstances to the New Zealand social security legislation. The Ministry’s conclusion [18] The Ministry conclu...

5. BORA Maori Fisheries Bill [pdf, 114 KB]

   ...In applying section 5, the Ministry of Justice has regarded to the guidelines set out by the Court of Appeal in Moonen v Film and Literature Board of Review[2000] 2 NZLR 9. 2. The Canadian Courts have only discussed this issue in the context of disability. The leading case is Battlefords and District Co-operative Ltd v Gibbs and Others [1996] 3 SCR 566. Although the issue of intra-ground discrimination on the grounds of ethnicity was raised in Lovelace v Ontario [2000] 1 SCR 950, the Ca...

6. [2016] NZSSAA 033 (28 April 2016) [pdf, 44 KB]

   ...gifting period lived in the same household as the person being means assessed and provided to the person being means assessed a high level of care that enabled the person being means assessed to remain in the community without receipt of home-based disability support services. [23] The appellant’s gifting may have met the criteria but for the fact that the gifting did not occur within the 12 months immediately preceding the date of the financial means assessment. We further note that...

7. [2016] NZSSAA 035 (16 May 2016) [pdf, 45 KB]

   ...At the time of hearing they spent their weekends together; primarily at the appellant’s house in Featherston because of the demands of a new puppy. To some extent, their housing arrangements are a result of her husband’s need to care for his disabled son. The appellant says that whilst she has regularly stayed in Mr XXXX’s household in the past it is not an environment that she would want her grandchildren to be in. The appellant has two grandchildren living in Wainuiomata. All...

8. BORA Kermadec Ocean Sanctuary Bill [pdf, 231 KB]

   ...Rights Act affirms that everyone has the right to freedom from discrimination on the prohibited grounds set out in section 21 of the Human Rights Act 1993. The grounds of discrimination under the Human Rights Act include sex, marital status, race, disability, age, employment status, and family status. 10. A legislative provision will limit the right to freedom from discrimination if: a) The legislation draws a distinction based on one of the prohibited grounds of discrimination, and...

9. [2017] NZEnvC 140 Pierau v Auckland Council [pdf, 3.9 MB]

   ...holders and crew on entering the site for each event regarding the sensitive ecology of the Dune Lakes. 16. The consent holder shall ensure that all events allowed by this consent are advertised and operated as no animals allowed with the exception of disability assist dogs certified under the Dog Control Act 1996. Fires and fireworks 17. Use of fire, fireworks, pyrotechnics and/or explosions shall be prohibited at all times. 18. Water storage, hoses and fire extinguishers shall be p...

10. Erlbeck - Tikitiki D9 Incorporation (2007) 171 Gisborne MB 55 (171 GIS 55) [pdf, 260 KB]

    ...support for the members. Accordingly, there are orders that the removal of these members will take effect the day prior to the 2007 AGM. New members will then be elected the following day at the AG M, therefore ensuring that the Incorporation is not disabled by a break in its administration. Orders 171 Gisborne MB 63 [28] Accordingly, I now make the following order: (a) An order pursuant to section 269(4) ofTe Ture Whenua Maori Act 1993 removing the members of the Tikitiki D9...