Search Results

1. [2018] NZEnvC 174 Smith v Young [pdf, 1.3 MB]

   ...stability of the slope which Mr Foley deposes is critical to confirm that the slope remediation and restoration has been achieved. regard this as very important because if there is to be an ongoing dispute between neighbours, as the affidavits and human nature suggest is likely, then objective baseline information will be very useful for any decision-maker. 6 Has the applicant given an undertaking as to damages? [17] While the applicants have not given an undertaking as to damag...

2. Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Claims Settlement Bill [pdf, 1.3 MB]

   ...negotiated settlement of claims. 7. To the extent the exclusion of subsequent challenge could be said to limit a claimant's minority rights under s 20 of the Bill of Rights Act, this would be justified on the same basis. 8. 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 of the International Covenant on Civil and Political Rights, which are comparable...

3. [2022] NZEmpC 25 UBP Ltd v Rantiaawa-Kaui [pdf, 219 KB]

   ...application, filed before Ms Douglas was retained as counsel for UBP, was framed as an application for a stay of proceedings and made a number of comments about the Authority’s investigation. It was accompanied by an affidavit from Ms Morgan, a Human Resources Manager for UBP, which largely addressed the perceived merits of the Authority’s findings and processes. [4] Ms Douglas has now filed helpful submissions clarifying UBPs position and confirming the application is for a st...

4. Sheehan v Bad Tenants Facebook Group (Access Order) [2022] NZHRRT 37 [pdf, 516 KB]

   ...access direction issued by the Privacy Commissioner to “Bad Tenants” Facebook Group, currently known as “Landlords Property 1 [This decision is to be cited as Sheehan v Bad Tenants Facebook Group (Access Order) [2022] NZHRRT 37.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2022] NZHRRT 37 I TE TARAIPIUNARA MANA TANGATA DECISION OF DEPUTY CHAIRPERSON REGARDING ACCESS ORDER 1 2 Mangers [sic] Seeking Tenants Advice” (Administrator: Wayne Wilson) (the “Agency”) (called...

5. Auckland Standards Committee 1 v Chambers [2022] NZLCDT 53 (23 December 2022) [pdf, 119 KB]

   ...to record that Mr Chambers is particularly disappointed in the New Zealand Law Society’s lack of support of him during a time of crisis for him. [7] The relationship has become somewhat combative, with Mr Chambers filing proceedings in the Human Rights Review Tribunal against the New Zealand Law Society. We do not wish to add fuel to that fire. [8] Mr Chambers acknowledges that he could have assisted the disposition of the current matter, had he engaged and provided full inf...

6. Hayward v Barnardos NZ Inc (Jurisdiction) [2022] NZHRRT 22 [pdf, 142 KB]

   ...Hayward emailed a list of her concerns to Barnardos. As she continued to be dissatisfied with Barnardos’ reply to her PA requests Ms Hayward 1 [This decision is to be cited as Hayward v Barnardos NZ Inc (Jurisdiction) [2022] NZHRRT 22.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2022] NZHRRT 22 I TE TARAIPIUNARA MANA TANGATA 2 took her claim to the Privacy Commissioner. On 21 April 2021 the Privacy Commissioner responded, inter alia: We have received your complaint about Barn...

7. OIA-97833-response.pdf [pdf, 799 KB]

   ...external genitalia, parents and medical professionals typically assign them a binary sex and may perform surgical or medical interventions to conform the infant’s body to that assignment. These practices amount to torture and are a grave violation of human rights. They are increasingly recognised as unethical and abusive as intersex adults are speaking out against medical procedures which they did not consent to. Being intersex does not imply anything regarding one’s gender or sexua...

8. 2024 NZPSPLA 014 pdf [pdf, 162 KB]

   ...22. Mr FB made the submission that should I decline his application on the basis of his affiliations I would be discriminating against gang members. That may well be the case however it is not unlawful discrimination as defined in section 21 of the Human Rights Act 1993. 23. Were it not for Mr FB’s patched status, on the information I have available to me I would be more than satisfied of his capabilities as a security worker. It appears that he could go far in this industry. Th...

9. NZBORA-advice-Pae-Ora-Disestablishment-of-Maori-Health-Authority-Amendment-Bill-FINAL-for-publication_.pdf [pdf, 345 KB]

   ...performance of its functions. Consistency of the Bill with the Bill of Rights Act Section 19 – Freedom from discrimination 6. 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. Two factors must be met for discrimination to be identified under s 19(1) of the Bill of Rights Act: 1 1 Ministry of Health v Atkinson [2012] NZCA 184, [2012] 3 NZLR 456 CA at [55]; Child Poverty Action Group In...

10. [2024] NZEmpC 153 M v Q [pdf, 179 KB]

    ...These circumstances precipitated the current application. Ms says that despite making some 20 applications for work, no offers – and fewer interviews – were forthcoming. M stated that in the two instances where they were interviewed, human resources managers referred to the adverse statements made in the judgments. Similar responses were received from other prospective employers in relation to roles M applied for. M understood that this was the reason the expressions o...