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1. BORA Corrections Bill Appendix 1 [pdf, 136 KB]

   ...determining principle and in accordance with proper procedures[4]. The detention should also not continue beyond the period for which the State can provide appropriate justification. Section 23(5) Everyone deprived of liberty shall be treated with humanity… 12. Section 23(5) applies to the deprivation of liberty. The White Paper, para 10.102, notes that the provision clearly has relevance to standards of police detention and prison administration and other forms of detention authoris...

2. Fehling v Appleby (Bankruptcy) [2014] NZHRRT 17 [pdf, 42 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2014] NZHRRT 17 Reference No. HRRT 028/2012 UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN FRIEDRICH JOACHIM FEHLING PLAINTIFF AND DOUGLAS JOHN APPLEBY DEFENDANT AT AUCKLAND BEFORE: Mr RPG Haines QC, Chairperson Mr GJ Cook JP, Member Dr SJ Hickey, Member REPRESENTATION: Mr FJ Fehling in person Mr MM Bell for defendant DATE OF DECISION: 1 May 2014 DECISION OF TRIBUNAL ON THE EFFECT...

3. Re Dunstan (Rejection of Statement of Claim No. 3) [2024] NZHRRT 66 [pdf, 141 KB]

   ...requires a plaintiff to state the basis on which the plaintiff says the Tribunal has jurisdiction to hear the claim. The form also requires a plaintiff to attach the relevant certificates or notices (from the Privacy Commissioner or the Director of Human Rights Proceedings) confirming the Tribunal’s jurisdiction. 1This decision is to be cited as Re Dunstan (Rejection of Statement of Claim No. 3) [2024] NZHRRT 66. IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2024] NZHRRT 66 I TE TARAIPI...

4. International Covenant on Civil & Political Rights

   ...the Government of New Zealand made the following declaration under Article 41 of the ICCPR: 'The Government of New Zealand declares under article 41 of the International Covenant on Civil and Political Rights that it recognises the competence of the Human Rights Committee to receive and consider communications from another State Party which has similarly declared under article 41 its recognition of the Committee's competence in respect to itself except where the declaration by such a state part...

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5. Geary v ACC (Application for Stay of Order) [2013] NZHRRT 37 [pdf, 49 KB]

   1 (1) ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS AND IDENTIFYING PARTICULARS OF EFG AND JKL (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE CHAIRPERSON OR OF THE TRIBUNAL IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2013] NZHRRT 37 Reference No. HRRT 001/2012 UNDER THE PRIVACY ACT 1993 BETWEEN IAN RUSSELL GEARY PLAINTIFF AND ACCIDENT COMPENSATION CORPORATION DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines...

6. BORA Judicial Matters Bill [pdf, 309 KB]

   ...competing concepts of judicial independence through tenure and the need to introduce "new blood" into the court. Acceptance of this balancing exercise through use of mandatory retirement ages for Judges can be found in several international human rights documents.[2] For these reasons I would conclude that clause 44 does not appear to be inconsistent with NZBORA. Restrictions on the right to freedom of expression Clause 18 - Duty of confidentiality on the Judicial Conduct Com...

7. Director of Human Rights Proceedings v Sensible Sentencing Group Trust (Change of Venue) [2014] NZHRRT 25 [pdf, 49 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 25 Reference No. HRRT 006/2013 UNDER THE PRIVACY ACT 1993 BETWEEN DIRECTOR OF HUMAN RIGHTS PROCEEDINGS PLAINTIFF AND THE SENSIBLE SENTENCING GROU...

8. BORA Rights of Victims of Insane Offenders Bill [pdf, 152 KB]

   ...and freedoms affirmed in the Bill of Rights Act. In reaching that conclusion, we have considered the consistency of the Bill with s 11 (right to refuse to undergo medical treatment), s 23(5) (rights of persons deprived of liberty to be treated with humanity and dignity), and s 25(c) (right to be presumed innocent until proven guilty). Our analysis is set out below. The Bill 3. The Bill proposes to ensure the victims of ‘legally insane’ offenders are treated the same as other vict...

9. Dotcom v Crown Law Office (Application for Compliance Orders) [2018] NZHRRT 29 [pdf, 229 KB]

   1 (1) ORDER PROHIBITING PUBLICATION OF ALL INFORMATION RELATING TO PLAINTIFF’S MEDICAL CIRCUMSTANCES (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE TRIBUNAL OR OF THE CHAIRPERSON IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2018] NZHRRT 29 Reference No. HRRT 047/2016 UNDER THE PRIVACY ACT 1993 BETWEEN KIM DOTCOM Plaintiff AND CROWN LAW OFFICE First Defendant CONT. AT WELLINGTON BEFORE: Mr...

10. [2015] NZEmpC 215 Rimmer v Carter Holt Harvey Ltd interlocutory [pdf, 160 KB]

    ...asked to give evidence on: 4 At [14]. 5 Pora v R [2015] UKPC 9, (2015) 27 CRNZ 47. 6 Footnotes omitted. 7 At [27]. (i) The seriousness of the isolation breach incident. (ii) Human factors in error-inducing conditions that contribute to occupational health and safety. (iii) Shortcomings in CHH’s health and safety investigation. iv) Health and safety best practice, namely:  multiple causes of workplace...