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1. Complaints Assessment Committee 304 v Christopher Chapman [2017] NZREADT 65 [pdf, 147 KB]

   ...1 O’Neill v Proceedings Commissioner (1996) 10 PRNZ 168. Teachers Disciplinary Tribunal, and the Health Practitioners Disciplinary Tribunal. He submitted that O’Neill v Proceedings Commissioner was concerned with a Human Rights proceeding, not a professional disciplinary proceeding. Further, in that case, a direction had been made for simultaneous filing of evidence, and a direction was made that the Proceedings Commissioner’s evidence was to be provi

2. Briefing for incoming Minister 2017 - Attorney-General [pdf, 1015 KB]

   ...responsibilities New Zealand Bill of Rights Act 1990 Provision of advice on consistency of legislation with the New Zealand Bill of Rights Act 1990 The New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’) affirms, protects and promotes human rights and fundamental freedoms in New Zealand. Section 7 of the Bill of Rights Act requires the Attorney-General to advise the House of Representatives if any provision in a Bill appears to be inconsistent with any of the rights an...

3. BORA Resource Legislation Amendment Bill [pdf, 436 KB]

   ...justice affirmed in s 27(1) of the Bill of Rights Act. Section 19(1) – Freedom from discrimination 16. Section 19(1) of the Bill of Rights Act affirms the right of everyone to the freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993. Those grounds include race. 17. Arguably, the requirement for local authorities to extend an invitation to iwi to enter into an Iwi Participation Arrangement in clause 39 of the Bill draws a distinction on the...

4. ZYX v NorthAble Disability Services (Strike-Out Application) [2014] NZHRRT 30 [pdf, 47 KB]

   1 (1) ORDER PROHIBITING PUBLICATION OF NAMES, ADDRESS OR IDENTIFYING PARTICULARS OF THE PLAINTIFFS AND OF THEIR CHILDREN (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE TRIBUNAL OR OF THE CHAIRPERSON IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2014] NZHRRT 30 Reference No. HRRT 008/2014 UNDER SECTION 51 OF THE HEALTH AND DISABILITY COMMISSIONER ACT 1994 BETWEEN ZYX PLAINTIFFS AND NORTHABLE DISABILITY SERVICES FI...

5. BORA Real Estate Agents Bill [pdf, 292 KB]

   ...is 18 or older. 4. Such differential and, to the extent that people under 18 may wish to be licensed, potentially disadvantageous treatment on the basis of age may engage the right against discrimination under s 19(1) BORA and s 22(1)(i) of the Human Rights Act 1993. It is currently unclear whether discrimination in terms of s 19(1) requires not only disadvantageous differential treatment but also, as for example in Canadian caselaw, that the differentiation must be invidious. It foll...

6. BORA Taxation (Urgent Measures and Annual Rates) Bill [pdf, 307 KB]

   ...IETC will benefit between 600,000 and 700,000 people a year. SECTION 19(1) OF THE BILL OF RIGHTS ACT 12. Section 19(1) of the Bill of Rights Act states: Everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993. 13. The key questions in assessing whether discrimination under section 19 exists are: (a) does the legislation draw a distinction based on one of the prohibited grounds of discrimination; and if so (b) does the dist...

7. BORA Minimum Wage (Starting-out Wage) Amendment Bill [pdf, 290 KB]

   ...worker the adult minimum wage. Consistency with the Right to Freedom from Discrimination 8. Section 19(1) of the Bill of Rights Act affirms the right of everyone to be free from discrimination on the grounds of discrimination set out in the Human Rights Act 1993. The grounds of discrimination are set out in s 21 of that Act, and include age (commencing at 16 years of age) and employment status. 9. A provision may limit the right to freedom from discrimination where: a....

8. BORA Animal Welfare Amendment Bill [pdf, 306 KB]

   ...in your report under the Bill of Rights Act on the Criminal Procedure (Reform and Modernisation) Bill.1 The report considered these reverse onus offences were demonstrably justified under s 5 of the Bill of Rights Act. It was considered that the humane treatment of animals is a matter of considerable social importance; any qualifying fact will be a matter that is within the defendant’s knowledge and capacity to prove; and there is unlikely to be an undue burden on the defendant. C...

9. BORA Legal Services Amendment Bill [pdf, 286 KB]

   ...did consider a group of issues in relation to s 19 of the BORA. These are drawn to your attention below. Section 19 issues 4. Section 19 of the BORA provides for the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993. Limitations on grant of legal aid for proceedings under the Immigration Act 1987 5. Clause 6 of the Bill contains a proposed amendment to s 10(1) of the Legal Services Act. That provision limits the circumstances in which...

10. Govind v Chandra [2018] NZIACDT 46 (15 November 2018) [pdf, 260 KB]

    ...complaint being upheld without necessarily imposing a sanction. It follows that it is not necessary to find that a disciplinary sanction should be imposed to uphold a complaint. It is important to recognise that not every lapse or manifestation of human frailty should result in an adverse professional disciplinary finding. There will be occasions when advisers are responsible for a lapse from acceptable standards, but that still does not justify upholding a disciplinary complaint...