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1. International Covenant on Civil and Political Rights - concluding observations 5th report [pdf, 153 KB]

   ...Covenant on Civil and Political Rights Distr.: General 7 April 2010 Original: English CCPR/C/NZL/CO/5 2 (d) The ratification of international human rights treaties, including the International Convention on the Rights of Persons with Disabilities and the Optional Protocol to the Convention against torture and other cruel, inhuman or degrading treatment or punishment. 4. The Committee welcomes the contribution of the New Zealand Human Rights Commission and non-governmental...

2. CAC 20006 v Wallace [2013] NZREADT 81 [pdf, 36 KB]

   ...Estate Agents Authority prior to that which initiated the present case. [16] He considers himself a law-abiding citizen with a commitment to the wider community. He supports many charities including Auckland Rescue Helicopter Service, Riding for Disabled Children, Daffodil Day, Guide Dogs for the Blind, Haemophilia Foundation of NZ Inc., and others. [17] He is an active member of Howick Volunteer Coastguard and has been for the last seven years or so. He is regularly called to ass...

3. Legal aid for civil family disputes - Māori [pdf, 850 KB]

   ...whakatau whakamarutanga whakarekereke ā-whare • ngā kōkiritanga whakawā ‘tūroro marohi’ i raro i te Mental Health (Compulsory Assessment and Treatment) Act 1992 • ngā kōkiritanga whakawā ‘tūroro marohi’ i raro i te Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003. Ētahi atu kōrero Mō ētahi atu kōrero mō te āwhina ture, whakapā atu ki tō tari āwhina ture o tō rohe, haere rānei ki te paetukutuku a Te Tāhū o te Ture justice.govt.nz/l...

4. Auckland District Law Society v Mathias [2010] NZLCDT 10 [pdf, 42 KB]

   ...Society seeks costs in respect of the considerable work which has been put into presenting the case against Mr Mathias. Although Mr Mathias’ circumstances are poor at the present time, he deposes that he receives a “modest weekly sum from medical disability insurance”. [15] We accept the Society’s submission that costs orders ought to be made notwithstanding Mr Mathias’ circumstances in case they are able to be enforced at some time in the future, because there is no rea...

5. [2015] NZSSAA 102 (18 December 2015) [pdf, 47 KB]

   ...appeal to the Authority is the problems he experienced with the Benefits Review Committee. 2 Background [3] The appellant is in receipt of Supported Living Payment paid at the single rate. He also receives Accommodation Supplement, Disability Allowance and Special Benefit. [4] A report from a registered psychologist completed in September 2013 indicates that he suffers from Post Traumatic Stress Disorder which has left him with extreme hypervigilance issues. [5] In F...

6. 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...

7. [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...

8. 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...

9. 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...

10. 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...