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1. 2024 NZPSPLA 012 pdf [pdf, 95 KB]

   ...seriously. He therefore filed his complaint with the PSPLA around the time he tendered his resignation. [4] His complaint relates outlines two key incidents, one on 6 October when he alleges Ms CD harassed two vulnerable people and breached their human rights. The other occurred on 22 October when Mr PR alleges Ms CD breached section 21 of the Bill of Rights Act by unlawfully searching a girl’s bag. [5] The issues I therefore need to decide are whether Ms CD has breached her...

2. Cabinet Paper - Privacy Bill 2018 - Approval for Introduction and Additional Policy Decisions [pdf, 354 KB]

   ...complaints system. If a person considers that a privacy breach has caused them harm, they can complain to the Privacy Commissioner. The Commissioner attempts to resolve the dispute. If it is not resolved, the individual may take the complaint to the Human Rights Review Tribunal. Need for reform 8. Over the last twenty years, information technology has developed significantly. We are collecting, storing and disclosing more personal information than ever before using social media, e...

3. BORA End of Life Choices Bill section 7 report [pdf, 263 KB]

   ...1 The finding of inconsistency in respect of s 14 is irrelevant for present purposes, and is not discussed further. 2 The report is available at www.justice.govt.nz/justice-sector-policy/constitutional-issues-and-human-rights/bill-of- rights-compliance-reports/section-7-reports/ 3 Explanatory note, p1. http://www.justice.govt.nz/justice-sector-policy/constitutional-issues-and-human-rights/bill-of-rights-compliance-reports/section-7-reports/ http://www.j...

4. Proposals against incitement of hatred and discrimination - summary document - Te Rēo Māori [pdf, 284 KB]

   ................................................................................................................ 8 2 E matea ana e Te Tāhū o te Ture (Te Tāhū) ō urupare ki ngā uakitanga e ono mō te panonitanga o te ture e hāngai ana ki te tuketuke o te māhie me te toihara. E rāhuitia ana e te Human Rights Act 1993 te kōrero e tuketuke ana (e tutū ana) i te whakatetenga mātāwaka. E rāhuitia ana hoki te toihara ki tētahi tangata nā tētahi āhuatanga ōna....

5. Morgan v Public Service Commissioner [2022] NZHRRT 38 [pdf, 190 KB]

   Reference No. HRRT 041/2020 UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN AFFRICA MORGAN PLAINTIFF AND THE PUBLIC SERVICE COMMISSIONER DEFENDANT AT WELLINGTON BEFORE: Ms GJ Goodwin, Deputy Chairperson Ms PJ Davies, Member Ms SM Kai Fong, Member REPRESENTATION: Ms A Morgan in person Ms E Watt and Mr J Trevella for defendant DATE OF HEARING: 8, 9 June 2022 DATE OF DECISION: 25 October 2022 DECISION OF TRIBUNAL1 INTRODUCTION [1] Ms A...

6. [2016] NZSSAA 74 (18 July 2016) [pdf, 113 KB]

   ...his own business designing wireless networks. He is not specifically looking for work at the present time but hopes to be able to do so in the future. [11] The appellant submits that the United Nations regards access to the internet as a basic human right. Following the hearing, he provided a variety of information from the internet which he says supports his claim. [12] A further matter affecting his finances is the cost of travel to Masterton. The appellant says that petrol and...

7. Gwizo v Attorney-General (Strike-Out Application) [2021] NZHRRT 20 [pdf, 170 KB]

   Reference No. HRRT 086/2016 UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN MALVERN GWIZO PLAINTIFF AND ATTORNEY-GENERAL (ON BEHALF OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT) DEFENDANT AT WELLINGTON BEFORE: Ms J Foster, Deputy Chairperson Dr JAG Fountain, Member Dr SJ Hickey MNZM, Member REPRESENTATION: Mr M Gwizo in person Ms HM Carrad for defendant DATE OF HEARING: Heard on the Papers DATE OF DECISION: 15 April 2021 D...

8. BORA Births, Deaths, Marriages, and Relationships Registration Bill [pdf, 249 KB]

   ...freedom of expression affirmed in s 14 of the Bill of Rights Act. Section 19(1) – Freedom from discrimination 21. Section 19(1) of the Bill of Rights Act affirms the right to be free from discrimination on the prohibited grounds set out in the Human Rights Act 1993 (‘the Human Rights Act’). 22. The key questions determining whether legislation limits the freedom from discrimination are: 3 a. does the legislation draw a distinction on one of the prohibited grounds of d...

9. Brown v Progressive Enterprises Ltd (Strike-Out) [2024] NZHRRT 10 [pdf, 207 KB]

   1 DECISION OF TRIBUNAL STRIKING OUT CLAIM1 [1] Mr Brown claims employees of Progressive Enterprises Limited2 (PEL) at a Countdown store discriminated against him and victimised him in breach of the Human Rights Act 1993 (HRA) as they threatened to trespass him from the store and tried to provoke him into an altercation so he could be trespassed. [2] In response to Mr Brown’s claim, PEL filed an application to strike-out the claim. The basis of the PEL’s strike-out appli...

10. BORA CYPF (Oranga Tamariki) Legislation Bill - supplementary advice [pdf, 199 KB]

    ...Consistency of the Bill with the Bill of Rights Act Section 19(1) - Right to be free from discrimination 11. Section 19 of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the grounds set out in the Human Rights Act 1993. 12. The key questions in assessing whether there is a limit on the right to freedom from discrimination are: 1 a. does the legislation draw a distinction on one of the prohibited grounds of discrimination under s 21 o...