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1. [2020] NZEnvC 138 Eyre Community Environmental Safety Society Inc v Christchurch Regional Council [pdf, 9.3 MB]

   ...consent; (b) the imminent commencement of works, no more than seven days and no less than 48 hours prior to the commencement of the works authorised by this consent; 6 Accidental discovery 27 In the event of any disturbance to Kaiwi Tangata (human bones) or taonga (treasured artefacts), the Consent Holder shall immediately follow the Accidental Discovery Protocol set out in Appendix 3 of the Mahaanui lwi Management Plan, and attached to, this consent as Attachment CRC122897A. Re...

2. Further considerations for supervision of offenders deported to New Zealand [pdf, 189 KB]

   ...aware of compelling evidence that fewer DNA collections from deported offenders will have a detrimental impact on public safety. 7. We also consider that it is preferable to draw a single ‘bright line’ test, particularly given the significant human rights implications. 8. The Attorney-General found the Criminal Investigations (Bodily Samples) Amendment Act 2009, which expanded Police powers to take DNA without consent, was inconsistent with the New Zealand Bill of Rights Act 1990....

3. BORA Summary Offences (Graffiti) Amendment Bill [pdf, 394 KB]

   ...an offence to sell a paint spraycan to any person under 18 years of age. The age restriction is a prima facie limit on the right against discrimination on the grounds of age under section 19(1) of the Bill of Rights Act and section 21(1)(i) of the Human Rights Act 1993("HRA"). 4. It is therefore necessary to consider whether the age restriction is justifiable under section 5 of the Bill of Rights Act. In applying section 5, it is necessary to consider whether the prima facie ag...

4. Dooley v Canterbury District Health Board (Strike-Out Application) [2018] NZHRRT 34 [pdf, 167 KB]

   ...have applied to have these proceedings struck out on the grounds: 1 [This decision is to be cited as Dooley v Canterbury District Health Board (Strike-Out Application) [2018] NZHRRT 34.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2018] NZHRRT 34 2 [1.1] Mr Dooley has failed to comply with timetable orders which required him to file and serve particulars by 29 April 2016. [1.2] Despite reminders from the Tribunal, Mr Dooley has continued...

5. Evidence Brief: Scared Straight Programmes [pdf, 284 KB]

   ...Bushway, S. (1997). Preventing Crime: What Works, What Doesn’t, What’s Promising. A Report to the United States Congress. College Park, MD: University of Maryland, Department of Criminology and Criminal Justice. US Department of Health and Human Services (2001). Youth Violence: A Report of the Surgeon General. Rockville, MD: Department of Health and Human Services. Klenowski, P., Bell, K. & Dodson, K. (2010). An empirical evaluation of juvenile awareness programs in the Unit...

6. BORA Contract and Commercial Law Bill [pdf, 146 KB]

   ...“association”, or at least one deserving of protection, under the Bill of Rights Act. Whether s 19 at issue 8. Section 19(1) of the Bill of Rights Act affirms the right to be free from discrimination on the grounds of discrimination in the Human Rights Act 1993. The grounds of discrimination are contained in s 21 of the Human Rights Act and include discrimination based on age (commencing with the age of 16 years old). 9. The key questions in assessing whether there is a limit on...

7. Tai Rakena v Corrections (AVL) [2017] NZHRRT 23 [pdf, 128 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2017] NZHRRT 23 Reference No. HRRT 058/2016 UNDER THE PRIVACY ACT 1993 BETWEEN MICHAEL TAI RAKENA PLAINTIFF AND CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines QC, Chairperson REPRESENTATION: Mr M Tai Rakena in person Ms V McCall and Ms G Taylor for defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 19 June 2017 MINUTE OF CH...

8. [2020] NZSSAA 7 (30 April 2020) [pdf, 133 KB]

   ...statutory scheme, as opposed to the way in which the sections should be interpreted. Any change in policy is for Parliament. The points raised by Ms Hennessy cannot be remedied by a decision of this Court. [19] Ms Hennessy took her case to the Human Rights Review Tribunal which issued a declaration that s 71A and its equivalent provision in s 198 of the 2018 Act are inconsistent with the right to freedom from discrimination affirmed by s 19 of the New Zealand Bill of Rights Act 199...

9. 5 LEG paper Approval for introduction Redacted [pdf, 1.3 MB]

   ...edition), maintained by the Legislation Design and Advisory Committee (LDAC). s9(2)(h) RE LE AS ED B Y TH E MIN IS TE R OF JU ST IC E I N C O N F I D E N C E 4 The rights and freedoms contained in the Bill of Rights Act and the Human Rights Act 1993 20 The Bill is consistent with the Bill of Rights Act and the Human Rights Act. Advice has been provided to the Attorney-General by the Crown Law Office on consistency with the Bill of Rights Act. Consultation 21 N...

10. Summary of draft CERD Report sections [pdf, 232 KB]

    ...relating to the Convention 6 Communications procedures Article 14 of CERD 6 Article 14 Ratification of other instruments UNDRIP and other international treaties Article 1 of CERD 7 NZ Bill of Rights Act 1990 Article 2 of CERD 8 New Zealand Human Rights Commission and Human Rights Act Article 2 of CERD 8 Te Tiriti o Waitangi Article 2 of CERD 8-9 Te Arawhiti Article 2 of CERD 10 https://ohchr.org/EN/ProfessionalInterest/Pages/CERD.aspx Te Puni Kōkiri Article 2 of CERD 10...