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1. BORA Broadcasting (Election Programmes and Election Advertising) Amendment Bill [pdf, 164 KB]

   ...expression? 12 See General Comment on the right to participate in public affairs, voting rights and the right of equal access to public service CCPR/C/21/Rev.1/Add.7, paras. 19 & 25 (United Nations Human Rights Committee); Bowman v United Kingdom (1998) 26 EHRR 1, [43] and Animal Defenders International v United Kingdom (App No 48876/08 (GC)) [106]-[112] (European Court of Human Rights); and Libman v Quebec (Attorney-General) [1997] 3...

2. Justice Matters - issue 10 - March 2018 [pdf, 3.3 MB]

   ...now more than ever, we need transformative change not silent support. Over the last 30 years, we’ve seen a shift in our justice system; one that’s predicated on crime, punishment, and targets. A justice system that has lost sight of what’s humane and effective for offenders, victims, and the public isn’t a system I want to lead, and not a system New Zealanders deserve. I was heartened to attend the launch of the Borrin Foundation last week. The Foundation was set up at the be...

3. TR Environmental Law Conference Judge Newhook Paper [pdf, 156 KB]

   ...to suggest that “one size doesn’t necessarily fit all”. While the Practice Note describes mediation work in the Court in quite some detail, there can of course be nuances in what happens in the mediation room. For instance, it is trite that human beings (yes, mediators are human beings!) might bring differences of personal style despite all having received the same training. Furthermore, all cases are different; the issues in dispute are different; the parties are different; so...

4. BORA Eden Park Trust Amendment Bill [pdf, 253 KB]

   ...of the 2011 Rugby World Cup. INCONSISTENCY WITH SECTION 19(1) OF THE BILL OF RIGHTS ACT 5. Section 19(1) of the Bill of Rights Act provides: ‘Everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993.’ 6. Section 21 of the Human Rights Act 1993 specifies the prohibited grounds of discrimination. These grounds include, inter alia, ‘disability’ which includes: • physical disability or impairment • physi...

5. BORA Corrections Amendment Bill (No 2) [pdf, 325 KB]

   ...with the legitimate communications outside prison boundaries is remote. Freedom from Discrimination 18. Section 19 of the Bill of Rights Act affirms the right of everyone to freedom from discrimination on the grounds set out in section 21 of the Human Rights Act 1993, including religious belief. 19. The Bill amends section 79 of the Act to ensure that section 129(a) (which forbids the consumption of alcohol by prisoners other on medical grounds) does not operate to prohibit the con...

6. BORA Social Security (Benefit Categories and Work Focus) Amendment Bill [pdf, 396 KB]

   ...cancellation of the benefit. Restriction on freedom from discrimination (s 19(1) Bill of Rights Act) 13. Section 19 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. The grounds of discrimination under the Human Rights Act include employment status, which includes being on a benefit. 14. In assessing whether there is a limit on the right to freedom from discrimination we cons...

7. BORA Manukau City Council (Control of Graffiti) Bill [pdf, 322 KB]

   ...Discrimination 9. Clause 7 of the Bill makes it an offence to sell spray paint to a minor. The Bill defines a 'minor' as a person who is under the age of 18 years. 10. Section 19(1) of the Bill of Rights Act and section 21(1)(i) of the Human Rights Act 1993 provide that everyone has the right to freedom from discrimination on the grounds of age, commencing at the age of 16 years. The determination of whether a provision is discriminatory depends on whether: a. the legislatio...

8. Proactive release – Process for developing a national strategy for eliminating family violence and sexual violence with Interim Te Rōpū [pdf, 814 KB]

   ...no financial implications at this stage as costs will be met within baselines. Legislative Implications 20. This paper has no direct legislative implications. Impact Analysis 21. A regulatory impact or compliance cost statement is not required. Human Rights 22. Implementing a strategy and action plan to eliminate family violence and sexual violence assists the Government to meet its human rights obligations in the Convention on the Elimination of Discrimination Ag...

9. Green v New Zealand Police (Jurisdiction) [2019] NZHRRT 15 [pdf, 193 KB]

   ...1 [This decision is to be cited as Green v New Zealand Police (Jurisdiction) [2019] NZHRRT 15. Due to publication restrictions this decision has been anonymised by the redaction of the true name of the plaintiff.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2019] NZHRRT 15 2 Introduction [1] In June 2015, the plaintiff requested a copy of the investigation file into a complaint of rape made by her to the Police in 2014. The Police response to this request was

10. [2021] NZEmpC 6 Bowen v Bank of New Zealand [pdf, 251 KB]

    ...being permanently deleted.4 [29] All of these scenarios involve an error or oversight that could potentially be described as careless or reckless. However, all were found to constitute an involuntary disclosure. Section 65(4) recognises that human error occurs and provides a safeguard. Despite Ms Bowen’s allegations of recklessness and disregard, it is clear that there was a mistaken belief on the part of BNZ’s representatives that the call had ended and, as a result, the d...