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  1. Human Rights Act amendment to strengthen incitement laws

    The Government is amending the Human Rights Act 1993 to include religious communities in the existing protections against incitement that have been in place since the 1970s.It is already illegal to publish or distribute threatening, abusive, or insulting words likely to ‘excite hostility against’ or ‘bring into contempt’ any group on the grounds of colour, race, ethnic or national origins. Those grounds will be extended, in both the civil (section 61) and criminal (section 131) provision...

  2. BORA Maori Fisheries Bill [pdf, 114 KB]

    ...of the provisions of the Bill that could be argued to give rise to prima facie issues of consistency with section 19(1) of the Bill of Rights Act - i.e. everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993. Section 19 Freedom from Discrimination 5. Section 19(1) of the Bill of Rights Act provides the right to freedom from discrimination on the grounds set out in section 21 of the Human Rights Act 1993. These grounds inclu...

  3. Proactive release - Commencement of Courts and Tribunals Legislation [pdf, 925 KB]

    ...instrument 23 September 2019 This document is publicly available at www.legislation.govt.nz 4 Disputes Tribunal Amendment Rules 2019 Legislative instrument 23 September 2019 This document is publicly available at www.legislation.govt.nz 5 Human Rights Review Tribunal Amendment Regulations 2019 Legislative instrument 23 September 2019 This document is publicly available at www.legislation.govt.nz 6 Immigration and Protection Tribunal Amendment Regulations 2019 Legi...

  4. Taylor v Corrections (Admissibility of Evidence) [2016] NZHRRT 10 [pdf, 72 KB]

    1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2016] NZHRRT 10 Reference No. HRRT 025/2015 UNDER THE PRIVACY ACT 1993 BETWEEN ARTHUR WILLIAM TAYLOR PLAINTIFF AND CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS DEFENDANT AT AUCKLAND BEFORE: Mr RPG Haines QC, Chairperson Mr RK Musuku, Member Mr BK Neeson JP, Member REPRESENTATION: Mr AW Taylor in person Ms V Casey for defendant DATE OF ADMISSIBILITY HEARING: 9 March 2016 DATE...

  5. Dean v Ministry of Social Development (Strike-Out) [2024] NZHRRT 15 [pdf, 218 KB]

    1 DECISION OF TRIBUNAL STRIKING-OUT CLAIM1 [1] Mr Dean has brought a claim to the Tribunal, alleging discrimination by the Ministry of Social Development (Ministry) in breach of Part 1A of the Human Rights Act 1993 (HRA). [2] The defendants have made application under section 115A of the HRA to strike out Mr Dean’s proceeding on the grounds that it discloses no reasonable cause of action, is 1 This decision is to be cited as Dean v Ministry of Social Development (Strike...

  6. BORA Evidence Bill [pdf, 406 KB]

    ...provided fairness to the accused is maintained.[2] However, there is a risk that the rights to a fair hearing and to examine witnesses for the prosecution may be breached where a conviction is based solely upon hearsay evidence. The European Court of Human Rights has required that there be some evidence that supports the charge other than the hearsay evidence.[3] 14. In my view, the conditions for admissibility set out in clause 18 are consistent with the rights contained in s25: 14.1...

  7. RIA - Prohibition of Conversion Practices [pdf, 355 KB]

    ...preferred option is to: • create a criminal offence and penalties for any person performing conversion practices on children under the age of 18 or people with impaired decision-making capacity • provide a civil redress process through the Human Rights Commission (the Commission) for adults who have experienced conversion practices • create a criminal offence and penalties for a person who performs conversion practices on any person (child or adult) where the practices cause...

  8. Director of Human Rights Proceedings v Schubach (Strike-Out Application) [2014] NZHRRT 32 [pdf, 43 KB]

    1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2014] NZHRRT 32 Reference No. HRRT 034/2013 UNDER THE PRIVACY ACT 1993 BETWEEN DIRECTOR OF HUMAN RIGHTS PROCEEDINGS PLAINTIFF AND JUERGEN SCHUBACH DEFENDANT AT AUCKLAND BEFORE: Mr RPG Haines QC, Chairperson Mr GJ Cook JP, Member Mr BK Neeson, Member REPRESENTATION: Mr D Peirse for plaintiff Mr J Schubach in person DATE OF DECISION: 5 August 2014 DECISION OF TRIBUNA...

  9. Information held by the Ministry of Justice

    The Ministry of Justice holds a wide range of information related to its functions and its decision-making processes.  This includes our work in supporting the courts and tribunals, leading the Justice Sector, administering the legal aid system, negotiating Treaty of Waitangi settlements, developing justice policy, managing the Public Defence Service, collecting fines and reparation, providing criminal conviction history checks and funding a range of services to help people going through th

  10. BORA Friendly Societies and Credit Unions (Regulatory Improvement) Amendment Bill [pdf, 224 KB]

    ...The commentary by Andrew and Petra 2 Hansen v R [2007] NZSC 7. 3 See, for example, Companies Act, s 22; Limited Partnerships Act 2008, s 34. http://www.justice.govt.nz/policy/constitutional-law-and-human-rights/human-rights/bill-of-rights/minimum-wage-starting-out-wage-amendment-bill#_ftn1 Butler suggest that a broad interpretation is appropriate, which encompasses the right to decide when to form or maintain an association and to dec...