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1. 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...

2. 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...

3. 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...

4. [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...

5. Criminal-Proceeds-Recovery-Amendment-Act-2023.pdf [pdf, 228 KB]

   ...7.1 the principles of the Treaty of Waitangi; 7.2 advice from the Treaty Provisions Officials Group on any Treaty of Waitangi provisions (not applicable); 7.3 the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 7.4 the principles and guidelines set out in the Privacy Act 2020; 7.5 relevant international standards and obligations; 7.6 the Legislation Guidelines (2021 edition). Regulations Review Committee 8 There are n...

6. [2023] NZEmpC 177 A Labour Inspector of the Ministry of Business, Innovation and Employment v ZAQ Ltd [pdf, 196 KB]

   ...identification of the second respondent. [14] It is normal for individuals involved in litigation to suffer some anxiety, and that is not sufficient to displace the principle of open justice. The evidence provided 8 Erceg, above n 4, at [13]. 9 JM v Human Rights Review Tribunal [2023] NZHC 228 at [99]. 10 FVB v XEY [2020] NZEmpC 182, [2020] ERNZ 441 at [11]. from the medical practitioners is not detailed. There is no medical evidence directly connecting the second...

7. LB v MX & BJ Ltd [2024] NZDT 281 (22 February 2024) [pdf, 179 KB]

   ...dog wasn’t injured, but when she slammed on her brakes, the dog hit the back of the front seat. 8. I have no reason not to believe the account of the incident given by M, MX or by LB. It is impossible to know what version of events is correct. Human beings sometimes remember things differently, especially when an incident happens quickly, and they get a fright. LB regrets not stopping, but she wasn’t sure whether there was an impact to her car. This means that MX is unable to ver...

8. Cunliffe & Cunliffe v Helensville Primary School Board of Trustees (Costs) [2024] NZHRRT 28 [pdf, 173 KB]

   ...Trustees (the Board) interfered with their privacy by refusing information privacy requests that they 1 This decision is to be cited as Cunliffe & Cunliffe v Helensville Primary School Board of Trustees (Costs) [2024] NZHRRT 28. IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2024] NZHRRT 28 I TE TARAIPIUNARA MANA TANGATA 2 made. Mr and Ms Cunliffe were successful in their claim against the Board2 and the Tribunal ordered the Board to pay Mr and Ms Cunliffe’s disbursement costs i...

9. QM v DH [2024] NZDT 497 (11 June 2024) [pdf, 176 KB]

   ...process of changing lanes (and I note the damage to his car is more to the side than the corner of his car which is not consistent with that scenario), DH was still clearly in the process of changing lanes and has a duty to give way to QM. 7. It is human nature to avoid a collision if one possibly can (aside from deliberate impacts which are rare between strangers and would usually be preceded by observable road rage behaviour) and therefore, I do not accept DH’s speculation that QM...

10. Criminal justice and victims

    ...and easy to understand. Further information about investigations International criminal law This system provides the framework for crimes that offend fundamental values of the international community, such as genocide, war crimes, and crimes against humanity. The system aims to ensure that Aotearoa New Zealand meets its obligations as a responsible member of the international community by recognising commonly accepted international norms, values and laws. Further information about international...

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