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1. BORA New Zealand Superannuation Amendment Bill [pdf, 157 KB]

   ...ISSUES OF INCONSISTENCY WITH THE BILL OF RIGHTS ACT Section 19(1): the right to be free 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 include, inter alia, ethnic or national origin, sex, and disability. 6. In our view, taking into account the various domestic and overseas judicial pronouncements as to the meaning of discrimination, t...

2. Apostolakis v Gilbert (Adjournment Application) [2018] NZHRRT 8 [pdf, 216 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2018] NZHRRT 8 Reference No. HRRT 008/2016 UNDER THE PRIVACY ACT 1993 BETWEEN KATHY APOSTOLAKIS PLAINTIFF AND PETER GILBERT DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines QC, Chairperson Ms WV Gilchrist, Member Hon KL Shirley, Member REPRESENTATION: Mrs K Apostolakis in person Mr PC Gilbert in person DATE OF HEARING: Heard on the papers DATE OF DECISION: 28 March...

3. BORA Dairy Industry Restructuring Amendment Bill [pdf, 286 KB]

   ...price setting. POSSIBLE INCONSISTENCIES WITH THE BILL OF RIGHTS ACT Section 19(1) – Freedom from discrimination 4. Section 19(1) of the Bill of Rights Act affirms the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993. These grounds include, amongst others, family or marital status. 5. New section 150E(2) of the Bill requires that the chair and a majority of the members of the Milk Price Panel are independent. The definition of “ind...

4. COVID-19 Public Health Response (Validation of Managed Isolation and Quarantine Charges) Amendment Bill [pdf, 230 KB]

   ...Consistency of the Bill with the Bill of Rights Act Section 19 – Freedom from discrimination 9. Section 19 of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the grounds of discrimination set out in the Human Rights Act 1993 (the Human Rights Act). 10. The Bill retroactively treats Australian temporary class visa holders differently from other arrivals who have been through MIQ. This raises the question of whether the right to be free f...

5. Child Support Amendment Bill [pdf, 90 KB]

   ...Consistency of the Bill with the Bill of Rights Act Section 19 – Freedom from discrimination 6. Section 19 of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the grounds of discrimination set out in the Human Rights Act 1993 (‘the Human Rights Act’). 7. 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...

6. Taylor v Corrections (Costs) [2022] NZHRRT 45 [pdf, 97 KB]

   ...On 6 November 2020 the Department of Corrections (Corrections) filed an application seeking costs. Mr Taylor did not respond to the cost application. 1 [This decision is to be cited as Taylor v Corrections (Costs) [2022] NZHRRT 45.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2022] NZHRRT 45 I TE TARAIPIUNARA MANA TANGATA 2 THE APPLICATION FOR COSTS [3] Corrections has asked for an award of $11,704. Corrections acknowledges the Tribunal’s caution in applying the conventional...

7. 20230328-Child-Support-Pass-On-Acts-Amendment-Bill.pdf [pdf, 173 KB]

   ...this policy change. 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 the right to freedom from discrimination on the grounds set out in the Human Rights Act 1993 (Human Rights Act). It is generally unlawful to treat people in comparable circumstances differently on the basis of a prohibited ground, unless the difference is justified. The prohibited grounds include family status wh...

8. 20230328-Regulatory-Systems-Education-Amendment-Bill.pdf [pdf, 207 KB]

   ...Management) Regulations 2016. Consistency of the Bill with the Bill of Rights Act Section 19 – Freedom from 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. Two factors must be met for discrimination to be identified under section 19(1) of the Bill of Rights Act:1 a. there is a differential treatment or effect as between persons or groups in...

9. OIA-102415.pdf [pdf, 539 KB]

   ...to engage with communities on the proposals, and analysis of public submissions received through consultation in 2021; • staff travel to attend nationwide hui in July and August 2021; • analysis of submissions to the Justice Committee on the Human Rights (Incitement on Ground of Religious Belief) Amendment Bill ; and • project management staff costs and policy contractor costs. This figure excludes costs for Ministry of Justice officials' time. Ju~tice Centre I 19 Aitke...

10. [2025] NZEmpC 100 Harte v Te Whatu Ora - Health New Zealand [pdf, 148 KB]

    ...ability to secure roles in the future. Further, the affidavit states that publication of their names will have an impact on their wellbeing, may undermine the midwifery team through the team losing trust and confidence in their leadership team and human resources support, and could have a chilling effect on witnesses coming forward to be involved in internal investigations. [5] The application is not opposed by the plaintiff. [6] The Court has a discretion under the Act to make...