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1. Auckland Standards Committee 1 v Hanif [2019] NZLCDT 13 [pdf, 156 KB]

   ...serious offences, and whose offending was said to have been facilitated by the practitioner’s offending. 4 subject of a conviction under the Immigration Act, described in the judgement (sic) of Judge Hikaka (at [14]) as “trafficking in human beings by deception”. Mr Ali was evidently in the practice of recruiting workers from Fiji and bringing them to New Zealand on a visitor visa, then setting them to work in his business in this country;3 (b) The three individuals in...

2. 20241211-Social-Security-Amendment-Bill.pdf [pdf, 196 KB]

   ...the freedom of expression is justified. Section 19 – Freedom from discrimination 12. Section 19(1) of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the prohibited grounds set out in s 21 of the Human Rights Act 1993. 13. Two factors must be met for discrimination to be identified under s 19(1): a. There is a differential treatment or effect as between persons or groups in analogous or comparable situations on the basis of a prohib...

3. Butcher v NZ Transport Agency [2022] NZHRRT 21 [pdf, 586 KB]

   Reference No. HRRT 019/2017 UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN STEPHEN GILBERT BUTCHER PLAINTIFF AND NEW ZEALAND TRANSPORT AGENCY FIRST DEFENDANT AND ATTORNEY-GENERAL IN RESPECT OF THE MINISTRY OF TRANSPORT SECOND DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines ONZM QC, Chairperson Ms MG Coleman, Deputy Chairperson Dr NR Swain, Member Sir RK Workman KNZM QSO, Member REPRESENTATION: Mr SG Butcher in person Mr P Rishworth QC and Mr M McKi...

4. BORA Customs and Excise Bill [pdf, 231 KB]

   ...not a New Zealand citizen and who is lawfully in New Zealand shall be required to leave New Zealand except under a decision taken on grounds prescribed by law. 21. Freedom of movement is one of the fundamental rights recognised by international human rights treaties. For instance, the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (‘the ICCPR’), to which New Zealand is a party, confirm that everyone shall be free to leave any countr...

5. [2018] NZEnvC 089 Auckland Council v Braines [pdf, 8.2 MB]

   ..."0" and "E" in Appendix 1 discharge (including at minimum the septic tanks, discharge areas and bunds required by the order above), to be 4 completed within seven days. The fencing shall be designed to minimise the risk for human contact with domestic wastewater contaminants. viii. Required to empty and de-sludge all of the septic tanks at the Site within seven days. Such works are to be undertaken by a professional operator with appropriate experience an...

6. Gender-Pay-Gap-Action-Plan-2021-website.pdf [pdf, 506 KB]

   ........................................................................................................................ 17 Evidence of outcomes ....................................................................................................... 18 No bias or discrimination in remuneration systems or human resource practices ................. 18 Te Kawa Mataaho milestone ............................................................................................. 18 3 Actions...

7. BORA Hutt City Council (Graffiti Removal) Bill [pdf, 284 KB]

   ...ACT Freedom of expression 5. Section 14 of the Bill of Rights Act affirms the right to freedom of expression, which includes the freedom to seek, receive, and impart information and opinions of any kind and in any form. The right is as wide as human thought and imagination. [1] 6. Graffiti can be considered a form of expression and may fall under the protection of s 14 of the Bill of Rights Act. Removal of graffiti can be viewed as a prima facie limit on the right to freedom of expre...

8. BORA New Zealand Horticulture Export Authority Amendment Bill [pdf, 377 KB]

   ...affirmed in section 17 of the Bill of Rights Act. Section 19 – Freedom from discrimination 10. Section 19(1) of the Bill of Rights Act affirms the right to be free from discrimination on the prohibited grounds of discrimination set out in the Human Rights Act 1993. Those grounds include personal characteristics such as sex, nationality, citizenship and age. 11. Clause 31 of the Bill inserts new section 62, which allows regulations to be made prescribing fees that may be charged by t...

9. BORA Brokering (Weapons and Related Items) Control Bill [pdf, 199 KB]

   ...Bill of Rights Act: A Commentary (LexisNexis NZ Ltd, Wellington, 2015) at [23.4.19]; Paul Rishworth et al. The New Zealand Bill of Rights (Oxford University Press, Melbourne, 2003) at [675. http://www.justice.govt.nz/policy/constitutional-law-and-human-rights/human-rights/bill-of-rights/minimum-wage-starting-out-wage-amendment-bill#_ftn1 c. mens rea (a guilty mind) is a requirement of the offence. 13. The Bill contains two clauses providing that an offence will be committed if done...

10. BORA Education Amendment Bill [pdf, 200 KB]

    ...result of items found, or failure to produce and surrender items, will fall under current disciplinary processes. Students will continue to be able to raise concerns with the Principal or Board of the school, or with the Office of the Ombudsman or the Human Rights Commission. 10. We note that under new s 139AAF of the Bill, the Secretary for Education may make rules regulating the practice and procedure to be followed in exercising the powers in ss 139AAA to 139AAD, including the ke...