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  1. BORA Prisoners’ and Victims’ Claims (Continuation and Reform) Amendment Bill [pdf, 425 KB]

    ...delays prisoners receiving damages that are intended to have a compensatory effect, particularly for the prisoner’s pecuniary and intangible losses. However, this limit is justifiable under s 5 of the Bill of Rights Act. Damages awarded under human rights instruments can properly be subject to the same sorts of conditions and restrictions, such as attachment and set-off, as any other civil claim. 4.2 To the extent the amendments in the Bill relating to unlawful detention claims ma...

  2. Watson v Employers Mutual Ltd (Costs) [2020] NZHRRT 40 [pdf, 131 KB]

    ...actual costs were $7,687.50 plus GST. It has applied for this full amount. However, if the 1 [This decision is to be cited as Watson v Employers Mutual Limited (Costs) [2020] NZHRRT 40.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2020] NZHRRT 40 I TE TARAIPIUNARA MANA TANGATA 2 Tribunal is not minded to award the full amount, it seeks what it refers to as the standard daily rate of $3,750.00. [3] Ms Watson has not filed any submis...

  3. Decisions - Index

    Browse the index to the Human Rights Review Tribunal decisions in respect of each individual statute by using the alphabetical list of key words and phrases. Human Rights Act 1993 Privacy Act 1993 and Privacy Act 2020   Health & Disability Commissioner Act 1994  

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  4. Proactive release - Incitement of Hatred and discrimination: Release of Discussion Document [pdf, 1.7 MB]

    ...seeks Cabinet’s agreement to the attached discussion document, Proposals against the incitement of hatred and discrimination. Relation to government priorities 2 Labour’s 2020 Election Manifesto committed to extending legal protections under the Human Rights Act 1993 for groups that experience hate speech, referred to as speech that incites hatred (including for reasons of religion, gender, disability, or sexual orientation). Executive Summary 3 The Human Rights Act 1993 (the HRA)...

  5. ENV-2016-AKL-000TBA ACI Operations New Zealand Limited trading as O I New Zealand v Auckland Council [pdf, 15 MB]

    ...emissions and industrial discharges to air. (iii) E14. Air quality E14.2. Objectives [rcp/rp] (1) Air quality ... (2) Air discharges from use and development meet national air quality standards Auckland Ambient Air Quality Standards. (3) (2) Human health, … (iv) E14.3 Policies [rcp/rp] (1) Protect human health by requiring that air discharges do not cause ambient air quality to exceed the Auckland Ambient Air Quality Standards in Table E14.3.1 for the specified contami...

  6. Hide v Official Assignee (Discovery) [2018] NZHRRT 6 [pdf, 172 KB]

    1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2018] NZHRRT 6 Reference No. HRRT 035/2016 UNDER THE PRIVACY ACT 1993 BETWEEN RODNEY PHILIP HIDE PLAINTIFF AND OFFICIAL ASSIGNEE DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines QC, Chairperson REPRESENTATION: Mr RP Hide in person Mr SM Kinsler and Ms SK Shaw for defendant Mr R Jamieson-Smyth and Ms J Foster for Privacy Commissioner DATE OF HEARING: Heard on the papers DATE...

  7. Adoption Action Inc v Attorney-General [2016] NZHRRT 9 [pdf, 371 KB]

    1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2016] NZHRRT 9 Reference No. HRRT 020/2011 UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN ADOPTION ACTION INCORPORATED PLAINTIFF AND ATTORNEY-GENERAL DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines QC, Chairperson Mr MJM Keefe JP, Member Ms ST Scott, Member REPRESENTATION: Mr RH Ludbrook for plaintiff Ms M Coleman, Ms J Emerson and Mr S Humphrey for defendant Ms F Joychild QC and Mr...

  8. Mr-Rasheeds-Authorities.pdf [pdf, 7.1 MB]

    ...https://christchurchattack.royalcommission.nz/the-report/part-5-the-terrorist/impor tant-notice-2/ [Accessed 25 Jan. 2022] 8 Stoyanova, Vladislava. "Causation between state omission and harm within the framework of positive obligations under the European convention on human rights." Human rights law review 18, no. 2 (2018): 309-346. at [313]. 9 Turton, Gemma. "CAUSATION AND RISK IN NEGLIGENCE AND HUMAN RIGHTS LAW." The Cambridge Law Journal 79, no. 1 (2020): 148-176. doi:1...

  9. Director of Human Rights Proceedings v Sensible Sentencing Group Trust (Application for Interim Non-Publication Orders) [2013] NZHRRT 14 [pdf, 106 KB]

    ...IDENTIFYING PARTICULARS OF THE AGGRIEVED PERSON AND OF HIS PARTNER (2) ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS OR IDENTIFYING PARTICULARS OF THE VICTIMS (3) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE CHAIRPERSON IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2013] NZHRRT 14 Reference No. HRRT 006/2013 UNDER THE PRIVACY ACT 1993 IN THE MATTER OF AN INTERIM ORDER APPLICATION UNDER S 95 OF THE HUMAN RIGHTS ACT 1993 BE...

  10. [2020] NZEnvC 190 Northland Regional Council v Maisey [pdf, 1.4 MB]

    ...314(1 )(da) of the RMA, the Respondent is required to arrange for a suitably qualified and experienced person (a SQEP) as defined in the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 (the NESCS) to carry out a Detailed Site Investigation (DSI) of the Property and provide a Report on the DSI within twenty five (25) working days of the date of service of these Orders to the Council (by email...