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1. BORA Ngāti Mākino Claims Settlement Bill [pdf, 290 KB]

   ...the claims. 5. To the extent that exclusion of subsequent challenge could be said to limit the claimants’ right under s 20 of the Bill of Rights Act, [3] it would similarly also be justified under s 5 on the same basis. 6. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 fisheries settlement, which was an incident of a negotiated settlement. The Committee found the exclusion was consistent with a right of access to the courts as affirmed by Art 14(...

2. [2016] NZSSAA 73 (18 July 2016) [pdf, 115 KB]

   ...will not have the appellant’s disabilities but incur the cost of attending the group. (c) Whether there are less costly goods or services which might meet the need. 5 It seems likely that the appellant could satisfy his need for human contact by meeting with people closer to his home. [15] Taking all these matters into account we are not satisfied that travel to a men’s church group in Masterton can be regarded as an additional cost which amounts to a disabil...

3. BORA Settlement Systems and Futures Bill [pdf, 296 KB]

   ...guilty. CONCLUSION 17 We have concluded that the Bill appears to be consistent with the rights and freedoms contained in the Bill of Rights Act. Michael Petherick Manager, Ministerial Advice Office of Legal Counsel Stuart Beresford Manager Human Rights/Bill of Rights Team Footnotes 1 New Zealand Stock Exhchange v. Commissioner of Inland Revenue [1992] 3 NZLR 1 (PC). In addition to the general disclaimer for all documents on this website, please note the following: Thi...

4. BORA Education Amendment Bill no three [pdf, 144 KB]

   ...concluded that the Bill does not appear to be inconsistent with the rights and freedoms affirmed by the New Zealand Bill of Rights Act 1990 Michael Petherick Manager, Ministerial Advice Office of Legal Counsel Stuart Beresford Manager Human Rights/Bill of Rights Team In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be ma...

5. BORA Domestic Violence Enhancing Safety Bill [pdf, 281 KB]

   ...relationship. This provision may appear to raise an issue under the right of non- discrimination on the grounds of age in ss 19(1) of the Bill of Rights Act. Age is defined as "any age commencing with the age of 16 years" by s 21(1)(i) of the Human Rights Act 1993. 14. However, the different treatment reflects the availability of similar, but specifically designed, protective measures for 16-year olds, such as the power of removal of young persons at risk of harming themselves or...

6. 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...

7. 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...

8. 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...

9. 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...

10. 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...