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1. 20240228-Corrections-Victim-Protection-Amendment-Bill-BORA.pdf [pdf, 184 KB]

   ...expression 14. Section 14 of the Bill of Rights Act affirms the right to freedom of expression, including the freedom to seek, receive and impart information and opinions of any kind in any form. The right to freedom of expression is “as wide as human thought and imagination” and includes any activity which conveys or attempts to convey a meaning. 15. We have considered whether the requirement in the Bill to establish and maintain processes to protect victims and those with p...

2. [2023] NZSSAA 6 (15 June 2023) [pdf, 83 KB]

   ...have been flight records where precise information was gathered at the time. Whether those records are the source of Immigration New Zealand’s border records can only be speculation. On the face of it there was likely some manual process where human frailty may affect the precision of the 4 records. It is a highly plausible explanation for the inconsistencies in the record. If it is a manual record, then it is more probable that officials could have been tardy in reco...

3. MOJ0120-PRINT.pdf [pdf, 764 KB]

   ...Court • District Court • Family Court • Youth Court • Employment Court • Māori Land Court • Māori Appellate Court • Coroners Court • Environment Court • Employment Relations Authority (ERA) • Waitangi Tribunal • Human Rights Review Tribunal • Disputes Tribunal • Motor Vehicle Disputes Tribunal • Tenancy Tribunal • other tribunals (as resources permit) Who can speak Māori in a court or tribunal? The Māori Language Act 1987 states you can...

4. 2023 NZPSPLA 068 [pdf, 104 KB]

   ...him. [2] Mr Mehmood also says the complaint should not have been accepted because it did not disclose a valid basis for a complaint. Even if it did, he says cancelling his certificate amounts to double jeopardy and is therefore a breach of the Human Rights Act. [3] The issues I need to decide are: a) Was the complaint made under an appropriate ground? b) Is taking disciplinary action against Mr Mehood following a conviction a breach of s 26 of the Bill of Rights Act? c)...

5. Consistency with the New Zealand Bill of Rights Act 1990: Taxation (Annual Rates for 2025-26, Compliance Simplification, and Remedial Measures) Bill [pdf, 221 KB]

   ...such we consider this is a justified limitation on the right affirmed by s 14. Section 19 – Freedom from discrimination 16. 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. 17. Two factors must be met for discrimination to be identified under s 19(1) of the Bill of Rights Act:3 a. there is differential treatment or effect as between persons or groups in analogous or comparable situat...

6. [2012] NZEmpC 20 White & Others v Reserve Bank of New Zealand [pdf, 148 KB]

   ...contributions to the Fund as the actuary considered necessary to provide the benefits payable to members. [9] One of the witnesses the Court heard from was Mr Peter Cornish a director of Hay Group Limited. Hay Group was described as a global human resources consulting firm with over 2,000 professional staff in 47 countries. Mr Cornish has an impressive background, including a detailed and practical knowledge of remuneration issues faced by New Zealand employers, in particular by...

7. Waitangi Tribunal - issue 52 of Te Manutukutuku [pdf, 348 KB]

   ...The experiences of members, claimants, counsel and staff are key to giving the Waitangi Tribunal history its essential bicultural dimension. “Oral history is a unique way of recording unwritten history. This project will allow us to hear the human dimension of the Waitangi Tribunal and thus add to our under- standing of recent history in this country,” says Chief Historian, Jock Phillips. Execu t i ve Ass i s tan t V i c to r ia Brown 785 Northern South Island 16-17 Octob...

8. BORA Financial Advisers Bill [pdf, 375 KB]

   ...these clauses appear to be justified under section 5 of that Act. Section 19 – Freedom from discrimination 22. Section 19(1) of the Bill of Rights Act affirms the freedom from discrimination on prohibited grounds set out section 21 of the Human Rights Act 1993 including family status. In our view, taking into account the various domestic and overseas judicial pronouncements as to the meaning of discrimination, the key questions in assessing whether discrimination under section 19...

9. BORA Criminal Proceeds and Instruments Bill [pdf, 350 KB]

   ...types of orders provided for in Part 2 raise a number of potential issues under the BORA. We note also that similar regimes for the forfeiture of proceeds of criminal activity in comparable jurisdictions have been subject to challenge on a range of human rights-related grounds. We have therefore considered the full range of potential issues in light of relevant New Zealand jurisprudence and that from comparable jurisdictions. Section 9 - cruel, degrading, or disproportionately severe trea...

10. Director of Proceedings v Radius Residential Care Ltd [2019] NZHRRT 24 [pdf, 268 KB]

    1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2019] NZHRRT 24 Reference No. HRRT 014/2019 UNDER SECTION 50 OF THE HEALTH AND DISABILITY COMMISSIONER ACT 1994 BETWEEN DIRECTOR OF PROCEEDINGS PLAINTIFF AND RADIUS RESIDENTIAL CARE LIMITED DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines ONZM QC, Chairperson Dr SJ Hickey MNZM, Member Mr Mike Keefe JP QSM, Member REPRESENTATION: Ms J Herschell, Acting Director of Proceedings Ms J Sta...