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1. Directory of Official Information G-I [pdf, 807 KB]

   .......................................................................................................... 58 New Zealand Horticulture Export Authority ....................................................................... 60 Ministry of Housing and Urban Development ................................................................... 63 Human Rights Commission ................................................................................................ 66 Hutt Valley District Health Bo...

2. Directory of Official Information G-I [pdf, 858 KB]

   .......................................................................................................... 57 New Zealand Horticulture Export Authority ....................................................................... 59 Ministry of Housing and Urban Development ................................................................... 62 Human Rights Commission ................................................................................................ 65 Hutt Valley District Health Bo...

3. BORA Relationships Statutory References Bill [pdf, 65 KB]

   ...Security Act 1964 in Schedules 8 and 9 of the Bill in respect of the Widows and Woman Alone Benefits appear to be inconsistent with the freedom from discrimination on the grounds of sex affirmed by s 19(1) of the Bill of Rights Act and s 21(1)(a) of the Human Rights Act 1993, and do not appear to be justifiable in terms of s 5 of the Bill of Rights Act. 2. Further, the amendment to s 35(2) of the Immigration Act 1987 in Schedule 14 of the Bill, which provides that the Minister may declin...

4. BORA Taxation (Budget Measures) Bill [pdf, 89 KB]

   ...changes to WFF raise an issue of apparent age discrimination. Changes to Working for families 3. Section 19(1) of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993. The grounds of discrimination under the Human Rights Act include age. 4. Drawing on the New Zealand case law on discrimination, we consider that the key questions in assessing whether there is a limit on the right t...

5. BORA Births, Deaths, Marriages, and Relationships Registration Amendment Bill [pdf, 370 KB]

   ...right to seek and receive information. 6. Given these express references, it might be suggested that the right of freedom of expression extends to a right to obtain information. However, the courts in New Zealand and Canada and the European Court of Human Rights have each held that the right relates to restriction on the receipt of information, not a positive entitlement to be given information held by the state or others. 7. First, in R v Mahanga, the Court of Appeal rejected a claim u...

6. BORA Broadcasting (Games of National Significance) Amendment Bill [pdf, 197 KB]

   ...free-to-air. Consistency of the Bill with the Bill of Rights Act Section 19(1) – 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 set out in the Human Rights Act 1993, which include the grounds of sex and disability.1 1 Human Rights Act 1993, s 21(1)((a) and (h). 7. The key questions in assessing whether a Bill places a limit on t...

7. BORA Education Amendment Bill (No 2) [pdf, 101 KB]

   ...discrimination 4. The Bill raises two issues triggering the right to freedom from discrimination. Section 19(1) of the Bill of Rights Act affirms that everyone has the right to be free from discrimination on the grounds of discrimination in the Human Rights Act 1993, which include family status and national origin. Legislation may give rise to prima facie discrimination under s 19(1) of the Bill of Rights Act if the legislation draws a distinction based on one of the prohibited grou...

8. Overseas Investment (Forestry) Amendment Bill [pdf, 228 KB]

   ...provisions to ensure their workability and clarity. Consistency of the Bill with the Bill of Rights Act Section 19 – Freedom from discrimination 9. Section 19(1) of the Bill of Rights Act affirms the right to be free from discrimination. The Human Rights Act 1993 provides that ethnic or national origins, which includes nationality or citizenship, is a prohibited ground of discrimination.1 10. The key question, in assessing whether there is a limit on the right to freedom from...

9. Greer v Corrections (Costs) [2022] NZHRRT 44 [pdf, 455 KB]

   ...Application) 2020 NZHRRT 49 struck-out Mr Greer’s claim. Mr Greer had failed to file any evidence and the claim was struck out as an abuse of process. 1 [This decision is to be cited as Greer v Corrections (Costs) [2022] NZHRRT 44.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2022] NZHRRT 44 I TE TARAIPIUNARA MANA TANGATA 2 [2] On 5 January 2021 the Department of Corrections (Corrections) filed submissions seeking $8,840 in costs. Mr Greer provided no submissions on costs....

10. 20240531-Taxation-Budget-Measures-Bill-for-publication.pdf [pdf, 179 KB]

    ...that objective and appears a reasonable and proportionate way of achieving it. Section 19 – Freedom from discrimination 10. 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). 11. Two factors must be met for discrimination to be identified under section 19(1) of the Bill of Rights Act:3 a. there is a differential treatment or effect as between persons or groups in a...