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1. 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...

2. 2021-04-21 COES - SoE of M Sole [pdf, 54 KB]

   ...sustainably the environmental needs of the catchment and make appropriate allocations for community function, wellbeing and a steady state economy without sacrificing ecological health and function of the Manuherekia Rohe. 2 10 We understand the human need for water but we as community members have not been provided with the knowledge and understanding on the ecological needs and life sustaining operational thresholds for the Manuherekia and her tributaries. 11 Without the pre a...

3. BORA Social Security (Winter Energy Payment) Amendment Bill [pdf, 145 KB]

   ...the Bill of Rights Act Section 19(1) – Freedom from discrimination 8. Section 19(1) of the New Zealand Bill of Rights Act 1990 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. The grounds of discrimination under the Human Rights Act include employment status, which includes being unemployed or in receipt of a benefit. 9. A legislative provision will limit the right to freedom from discrimination...

4. Nuku v Police (Strike-Out) [2023] NZHRRT 1 [pdf, 94 KB]

   ...complained to the Office of the Privacy Commissioner and, subsequently, on 26 June 2017, filed a claim in this Tribunal against the Commissioner of Police (Police). 1 [This decision is to be cited as Nuku v Police (Strike-Out) [2023] NZHRRT 1.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2023] NZHRRT 1 I TE TARAIPIUNARA MANA TANGATA 2 Mr Nuku alleged that the Police decision to withhold material was in breach of the Privacy Act. Attached to his claim was correspondence he had with th...

5. Consistency with the New Zealand Bill of Rights Act 1990: Local Government (Auckland Council) (Transport Governance) Amendment Bill [pdf, 203 KB]

   ...Operator Order 1990. Consistency of the Bill with the Bill of Rights Act Section 19 – Freedom from discrimination 5. Section 19(1) of the Bill of Rights Act affirms the right to freedom from discrimination on the grounds set out in the Human Rights Act 1993 (the Human Rights Act). 6. Two factors must be met for discrimination to be identified under section 19(1) of the Bill of Rights Act:2 a. there is a differential treatment or effect as between persons or groups in...

6. [2007] NZEmpC CC 20/07 O'Flynn v Southland DHB [pdf, 73 KB]

   ...unjustified dismissal. Particulars are only sought in relation to the breach of contract. Materially, the plaintiff pleads that: • He had raised concerns about workplace health. • There were internal deficiencies in the administration of human resources. He was entitled to but did not receive clinical support or accurate and timely information about key risks and problems including about another psychiatrist, Dr Fisher. • The defendant failed to respond to serious underst...

7. Holmes v Housing New Zealand Corporation [2015] NZHRRT 36 [pdf, 185 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2015] NZHRRT 36 Reference No. HRRT 012/2013 UNDER THE PRIVACY ACT 1993 BETWEEN GORDON HENRY HOLMES PLAINTIFF AND HOUSING NEW ZEALAND CORPORATION DEFENDANT AT DUNEDIN BEFORE: Mr RPG Haines QC, Chairperson Ms WV Gilchrist, Member Ms ST Scott, Member REPRESENTATION: Mr GH Holmes in person Ms CP Paterson for defendant DATE OF HEARING: 12 and 13 November 2014 DATE OF D...

8. [2015] NZEmpC 71 Knapp v Locktite Aluminium Specialities Ltd [pdf, 174 KB]

   ...confirmed that the Suttons should go ahead with the termination of his employment and “fill out the paperwork.” [8] The Suttons did not immediately “fill in the paperwork” as Mr Knapp had requested. Rather Mrs Sutton asked the company’s human resources adviser to speak to Mr Knapp. Mr Knapp advised the human resources adviser that he required a minimum of 25 hours of work each week and that he would not sign anything unless that was guaranteed. [9] The Suttons agree...

9. Guo v Culpan (Strike-Out) [2018] NZHRRT 25 [pdf, 127 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2018] NZHRRT 25 Reference No. HRRT 025/2016 UNDER THE PRIVACY ACT 1993 BETWEEN YAN GUO PLAINTIFF AND STEPHEN JAMES CULPAN DEFENDANT AT AUCKLAND BEFORE: Ms MA Roche, Co-Chairperson Dr SJ Hickey MNZM, Member Mr RK Musuku, Member REPRESENTATION: Ms Yan Guo in person Ms HC Stuart for defendant DATE OF HEARING: 14 May 2018 DATE OF DECISION: 19 June 2018 DECISION OF TRIBUNAL...

10. BORA Social Security (Youth Support and Work Focus) Amendment Bill [pdf, 373 KB]

    ...ISSUES OF INCONSISTENCY WITH THE BILL OF RIGHTS ACT Section 19(1): Freedom from Discrimination Section 19(1) of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the prohibited grounds in s 21 of the Human Rights Act 1993. Drawing on New Zealand case law on discrimination, we consider that the key questions in assessing whether there is a limit on the right to freedom from discrimination are:[1] • does the legislation draw a distinction b...