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1. BORA Veterinarians Bill [pdf, 95 KB]

   ...whether certain clauses of the Bill could give rise to various issues of discrimination under section 19 of the Bill of Rights Act. Section 19(1) of that Act provides the right to freedom from discrimination on the grounds set out in section 21 of the Human Rights Act 1993 (the ‘Human Rights Act’). These grounds include, inter alia, disability, ethnic and national origin, and race. 6. In our view, taking into account the various domestic and overseas judicial pronouncements as to...

2. Hammond v Credit Union Baywide (Admissability of Opinion Evidence) [2014] NZHRRT 57 [pdf, 54 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2014] NZHRRT 57 Reference No. HRRT 027/2013 UNDER THE PRIVACY ACT 1993 BETWEEN KAREN MAY HAMMOND PLAINTIFF AND CREDIT UNION BAYWIDE DEFENDANT AT NAPIER BEFORE: Mr RPG Haines QC, Chairperson Ms WV Gilchrist, Member Mr BK Neeson JP, Member REPRESENTATION: Ms KM Hammond in person Mr AJ Harris and Mr GJC Ferguson for defendant DATE OF HEARING: 1, 2 and 3 December 2014 (continuing)...

3. Director of Human Rights Proceedings v Sensible Sentencing Group Trust [2014] NZHRRT 21 [pdf, 78 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 [2014] NZHRRT 21 Reference No. HRRT 006/2013 UNDER THE PRIVACY ACT 1993 BETWEEN DIRECTOR OF HUMAN RIGHTS PROCEEDINGS PLAINTIFF AND THE SENSIBLE SENTENCING GROU...

4. Canterbury Regional Council (Ngāi Tahu Representation) Bill [pdf, 141 KB]

   ...Arrangements) Act 2016. Consistency of the Bill with the Bill of Rights Act Section 19 - Right or Freedom discrimination 5. 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 (the Human Rights Act). 6. The key questions in assessing whether there is a limit on the right to freedom from discrimination are: a. does the legislation draw a distinction on one of the prohibited grounds of discrim...

5. Accessibility for New Zealanders Bill [pdf, 178 KB]

   ...Consistency of the Bill with the Bill of Rights Act Section 19 – Freedom from discrimination 8. Section 19(1) of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the grounds set out in s 21 of the Human Rights Act 1993 (the Human Rights Act). For the purposes of this advice, the relevant prohibited ground of discrimination under s 21 of the Human Rights Act is disability. 9. Disability is defined in the Human Rights Act as: a. physical...

6. Convention on the Elimination of All Forms of Discrimination against Women - list of issues 7th report [pdf, 35 KB]

   ...results achieved in eliminating discrimination against women. Legislative and institutional framework 2. According to paragraph 205 of the Core document (HRI/CORE/NZL/2010), for an individual to take a case on rights protected by international human rights instruments, these rights need to be incorporated into domestic statute law. Please clarify whether a specific statute to achieve the Convention’s full domestic implementation or other relevant legislation has been enacted. In t...

7. Apostolakis v Attorney-General No. 3 (Costs) [2019] NZHRRT 11 [pdf, 250 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2019] NZHRRT 11 Reference No. HRRT 029/2017 UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN KATHY APOSTOLAKIS PLAINTIFF AND ATTORNEY-GENERAL FIRST DEFENDANT AND ROB GARLICK SECOND DEFENDANT AND SIMON NICOLAS MEIKLE THIRD DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines ONZM QC, Chairperson Ms GJ Goodwin, Member Mr BK Neeson JP, Member REPRESENTATION: Mrs K Apostolakis in person...

8. BORA Criminal Procedure Bill [pdf, 88 KB]

   ...crime one has been acquitted of. In that regard, s 26(2) of the Bill of Rights Act is based on art 14(7) of the International Covenant on Civil and Political Rights (“ICCPR”). When determining the appropriate interpretation of art 14, the UN Human Rights Committee has found that most State parties make a clear distinction between a resumption of a trial justified by exceptional circumstances and a re-trial prohibited pursuant to the principal ne bis in idem as contained in art 14(7)...

9. Sionepulu v Downer NZ Ltd & Police [2012] NZHRRT 16 [pdf, 63 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2012] NZHRRT 16 Reference No. HRRT 036/2011 IN THE MATTER OF A CLAIM UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN JENNIFER MAPA SIONEPULU PLAINTIFF AND DOWNER NZ LTD FIRST DEFENDANT AND COMMISSIONER OF POLICE SECOND DEFENDANT AT AUCKLAND BEFORE: Mr RPG Haines QC, Chairperson Mr R Musuku, Member Mr B Neeson, Member REPRESENTATION: Mr J Butler, husband of Plaintiff Ms CF Parkhill and M...

10. Sionepulu v Downer and Police (Costs) [2012] NZHRRT 22 [pdf, 76 KB]

    1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2012] NZHRRT 22 Reference No. HRRT 036/2011 IN THE MATTER OF A CLAIM UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN JENNIFER MAPA SIONEPULU PLAINTIFF AND DOWNER NZ LTD FIRST DEFENDANT AND COMMISSIONER OF POLICE SECOND DEFENDANT AT AUCKLAND BEFORE: Mr RPG Haines QC, Chairperson Mr R Musuku, Member Mr B Neeson, Member REPRESENTATION: Mr J Butler, husband of Plaintiff Ms CF Parkhill and M...