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1. BORA International Non-Aggression and Lawful Use of Force Bill [pdf, 388 KB]

   ...INCONSISTENCIES WITH THE BILL OF RIGHTS ACT Section 19(1): Freedom from Discrimination 7. Section 19(1) of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the prohibited grounds of discrimination in the Human Rights Act 1993. Those grounds include ethnic or national origins (including nationality or citizenship). 8. In assessing whether a Bill gives rise to possible discrimination we consider whether the Bill draws a distinction on one of...

2. BORA Arts Council of New Zealand Toi Aotearoa Bill [pdf, 298 KB]

   ...the functions of the Council. CONSISTENCY WITH SECTION 19(1) OF THE BILL OF RIGHTS ACT 5. Section 19(1) of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the grounds of discrimination set out in the Human Rights Act 1993, which include race. In our view, taking into account the various domestic and overseas judicial pronouncements, the key questions in assessing whether discrimination exists under s 19(1) are: • Does the legislation dra...

3. BORA Ngāti Whātua Ōrākei Claims Settlement Bill [pdf, 289 KB]

   ...of Rights Act. Excluding subsequent challenge is a legitimate incident of the negotiated settlement of claims. 7. Any limit on minority rights under s 20 of the Bill of Rights Act would be justified on the same basis [5]. 8. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 fisheries settlement. The Committee found that the exclusion was consistent with arts 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to...

4. BORA Fisheries (Foreign Charter Vessels and Other Matters) Amendment Bill [pdf, 286 KB]

   ...that any limitation is justified. Section 19(1) (freedom from discrimination) 14. Section 19(1) of the Bill of Rights Act provides that everyone has the right to freedom from discrimination on the prohibited grounds of discrimination in the Human Rights Act 1993. The prohibited grounds of discrimination include ethnic or national origin, which includes nationality or citizenship. 15. From 1 May 2016, the Bill prevents non-citizens who are not entitled to reside in New Zealand...

5. Fehling v Ministry of Health (Costs) [2017] NZHRRT 39 [pdf, 95 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2017] NZHRRT 39 Reference No. HRRT 016/2016 UNDER THE PRIVACY ACT 1993 BETWEEN FRIEDRICH JOACHIM FEHLING PLAINTIFF AND MINISTRY OF HEALTH DEFENDANT AT HOKITIKA BEFORE: Mr RPG Haines QC, Chairperson Ms WV Gilchrist, Member Ms ST Scott, Member REPRESENTATION: Mr FJ Fehling in person Ms R Garden for defendant DATE OF HEARING: 20 March 2017 DATE OF SUBSTANTIVE DECISION: 24...

6. E25 Lighting JWS [pdf, 1 MB]

   ...possibility of shutting down earlier? Reflect close time of particular event with buffer for people to vacate area. f. Seeking application of Council standards for dimming screens at night. g. Number of LED screens needs to be considered in context of human enjoyment of natural space. 12.2. Matters of disagreement None. 1307 12.3. Comment The JWS items addressing these matters are as follows; a. Item 2 b. Item 6 c. Item 6 d. Item 6 e. Item 5 f. Ite...

7. [2021] NZEmpC 50 Vulcan Steel Ltd v Manufacturing & Construction Workers Union [pdf, 183 KB]

   ...the declarations sought. That decision prompted the company to take steps in this Court, albeit out of time. [3] As will be immediately apparent, the dispute raises important legal questions, including as to the intersection of employment and human rights law. And, while workplace drug testing has previously been considered by the Court, that was in 2004.3 The importance of the issues raised by these proceedings is relevant to a determination of the application for leave having...

8. [2019] NZEmpC 51 Goleman Wellington Cleaning Ltd v Nicolle [pdf, 330 KB]

   ...that Mr Nicolle be penalised for breaching the settlement agreement. The stay [5] Goleman has applied for a stay of execution of the determination. The application was supported by an affidavit of David Fuimaono, who is Goleman’s National Human Resources and Compliance Manager. Mr Fuimaono described in detail the background to the employment relationship problem that led to the settlement agreement. He concentrated on allegations that Mr Nicolle had breached a non-dispara...

9. Proactive release - Electoral (Registration of Sentenced Prisoners) Amendment Bill Supplementary Order Paper [pdf, 1.4 MB]

   ...apply to this proposal as the threshold for significance is not met. Compliance 12. The SOP complies with: 12.1. the principles of the Treaty of Waitangi; 12.2. the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 75gtrikf9o 2020-06-08 16:11:33 RE LE AS ED B YT HE M IN IS ER O F JU ST IC E RE LE AS ED B YT HE M IN IS ER O F JU ST IC E RE LE AS ED B YT HE M IN IS ER O F JU ST IC E RE LE AS...

10. Maniapoto Claims Settlement Bill [PDF, 1.1 MB]

    ...limit a claimant's minority rights under s 20 of the Bill of Rights Act, this would be justified on the same basis. 111/nt.-o I...,t~1111 l...1it11itd v A110,.,1ry-Gc11cml 1200111 NZLR 40 (I IC). <,58.)626_3 3 9. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 Fisheries Settlement. The Committee found the exclusion was consistent with articles 14 and 27 nf the International Covenant on Civil and Political Rights, which are comparable to...