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1. BORA Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Bill [pdf, 276 KB]

   ...another government agency. CONSISTENCY WITH THE BILL OF RIGHTS ACT Section 19(1) – Freedom from Discrimination 8. 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, age, marital status, family status and employment status. 9. In assessing whether there is a limit on the right to freedom from discrimination we consider whether:1 a. the leg...

2. [2020] NZIACDT 19 - DMX v Guich (11 May 2020) [pdf, 112 KB]

   ...of complaint under the Immigration Advisers Licensing Act 2007 (Act) and also breaches the Licensed Immigration Advisers Code of Conduct 2014 (Code). [3] Mr Guich acknowledges he made a mistake in his calculation, but contends that a one-off human error of that nature cannot amount to negligence or a breach of professional standards. The essential issue to consider is whether Mr Guich’s error is one which a prudent, diligent adviser could have made. BACKGROUND [4] Mr Guich, a...

3. BORA Parliament Bill [pdf, 229 KB]

   ...have ‘reasonable grounds’ to exercise such powers). 4 Clause 166. Section 19 – Freedom from discrimination 25. 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). 26. Schedule 5, part 1, clause 8(3) enables the head of a parliamentary agency to ask an applicant to identify any ‘political activity’ that the applicant may have undertaken.5 We understand th...

4. RIS - Abortion Law Reform [pdf, 750 KB]

   ...For the conscience issues, the Ministry of Justice has identified impacts on rights and freedoms, and any justified limitations on these, enshrined in the New Zealand Bill of Rights Act 1990. There are also impacts on New Zealand’s international human rights obligations. The Ministry of Health considered the impacts of the proposed regulatory framework on women and health practitioners. Women seeking an abortion could move through fewer process stages than the current system of refe...

5. [2022] NZEnvC 6 Otago Regional Council - Primary Sector Provisions (Rural) [pdf, 3.3 MB]

   ...7.D.5 When considering any discharge under section 12.C, including the duration of any consent, have regard to: (a) The effects, including cumulative effects, of the discharge on water quality, ecosystem health and natural and human use values, including Kāi Tahu cultural and spiritual beliefs, values and uses; and (b) The physical characteristics and any particular sensitivity of the land and the sensitivity of the any receiving water; and (c) The quality and...

6. [2022] NZEnvC 006 Otago Regional Council [pdf, 2.1 MB]

   ...7.D.5 When considering any discharge under section 12.C, including the duration of any consent, have regard to: (a) The effects, including cumulative effects, of the discharge on water quality, ecosystem health and natural and human use values, including Kāi Tahu cultural and spiritual beliefs, values and uses; and (b) The physical characteristics and any particular sensitivity of the land and the sensitivity of the any receiving water; and (c) The quality and...

7. Davis v Rogers (Final Non-Publication Orders) [2020] NZHRRT 31 [pdf, 150 KB]

   ...restrictions require this decision to be anonymised by the redaction of the true names of the plaintiffs. In substitution the plaintiffs are to be referred to as "Melanie Davis" and "Geoffrey Rogers" (not their true names).] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2020] NZHRRT 31 I TE TARAIPIUNARA MANA TANGATA 2 Background [1] Filed on 2 July 2018, these proceedings were subsequently discontinued by the plaintiff. The settlement was notified to the Tribunal o...

8. Rabson v Solicitor-General (Strike-Out Application) [2018] NZHRRT 37 [pdf, 312 KB]

   IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2018] NZHRRT 37 UNDER BETWEEN AND AT WELLINGTON BEFORE: Reference No. HRRT 008/2018 THE PRIVACY ACT 1993 MALCOLM EDWARD RABSON PLAINTIFF SOLICITOR-GENERAL DEFENDANT Mr RPG Haines ONZM QC, Chairperson Dr JAG Fountain, Member Hon KL Shirley, Member REPRESENTATION: Mr ME Rabson in person Ms V McCall for defendant DATE OF HEARING: DATE OF DECISION: Heard on the papers 29 August 2018 DECISION OF TRIBUNAL STRIKING OUT STATEM...

9. Te Manutukutuku Issue 16 [pdf, 2.7 MB]

   ...business to a financier who understands the business. Maori land owners are not the only citizens who dis­ cover to their horror that the Crown has issued a title and sold land that was not the Crown's to sell. My father fell victim to such human error in the 1960s and it took 11 years of dogged persistence, with absolutely no assistance from the Crown agency responsible, to have the situation rectified. But for the cooperation of the pur­ chaser, who agreed to sell the land back...

10. [2019] NZEnvC 208 Aratiatia Livestock Limited v Southland Regional Council [pdf, 11 MB]

    ...health. Secondly, while many persons within the farming sector will rightly consider themselves good environmental stewards, by defining what is meant by 'degraded' water quality with reference to the attributes of ecosystem, cultural and human health5 this should afford resource users a better more holistic understanding of those attributes and their interactions. This will facilitate the focus on the causes of degradation, which may not be the same for every waterbody, a...