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1. BORA Fiordland Marine Management Bill [pdf, 286 KB]

   ...customary practices, Schedule 2A appears to be inconsistent with section 20 of the Bill of Rights Act. 12. Section 20 affirms the right of minorities2 not to be denied their right to engage in cultural activities. 3 . 13. The United Nations Human Rights Committee has observed that culture: “…manifests itself in many forms, including a particular way of life associated with land resources, especially in the case of indigenous peoples. That right may include such tradi...

2. BORA Civil Defence Emergency Management Amendment Bill [pdf, 308 KB]

   ...proportion to the importance of the objective. 13. New section 94K provides Recovery Managers and constables with the power to direct the evacuation of any premises or place, including any public place, if they deem it necessary for the preservation of human life. It also provides Recovery Managers and constables with the power to exclude any persons or vehicles from any premises or place for the same purpose. The proportionality and public interest requirements in new section 94G do not...

3. BORA Overseas Investment Amendment Bill [pdf, 204 KB]

   ...disclosure, compliance and enforcement regime. Consistency of the Bill with the Bill of Rights Act Section 19(1) – Freedom from discrimination 6. Section 19(1) of the Bill of Rights Act affirms the right to be free from discrimination. The Human Rights Act provides that ethnic or national origins, which includes nationality or citizenship, is a prohibited ground of discrimination.1 7. The key question, in assessing whether there is a limit on the right to freedom from discriminati...

4. BORA Trusts Bill [pdf, 161 KB]

   ...mechanisms to resolve trust-related disputes; and 5.4 Making trust law more accessible. Whether s 19 is at issue 6. Section 19(1) of the Bill of Rights Act provides that everyone has the right to freedom from discrimination on grounds set out in the Human Rights Act 1993. Those grounds include age and disability. 2 4135720_TRUSTS BILL_ ADVICE TO AG.DOCX 6.1 Age means any age commencing with the age of 16.1 6.2 Disability is defined to include intellectual or psychological di...

5. BORA Walking Access Bill [pdf, 304 KB]

   ...negotiation of new public access across private land. POSSIBLE INCONSISTENCIES WITH THE BILL OF RIGHTS ACT Freedom from Discrimination 4. Section 19(1) of NZBORA affirms the freedom from discrimination on prohibited grounds set out section 21 of the Human Rights Act 1993 including race. In determining whether a provision is inconsistent with section 19(1) we consider whether: a) the provision draws a distinction on one of the prohibited grounds in section 21 of the Human Rights A...

6. BORA Identity Information Confirmation Bill [pdf, 314 KB]

   ...community. This community encompasses a diverse range of people with different backgrounds. For the purposes of this advice, we are concerned with those people whose gender identity is different from the gender assigned to them at birth. 6. The Human Rights Commission Report of the Inquiry into Discrimination Experienced by Transgender People, To be Who I Am: Kia noho au ki toku ano ao, expresses concern about the particular difficulties transgender individuals face in obtaining offic...

7. [2018] NZEmpC 148 Bowen v Bank of NZ [pdf, 218 KB]

   ...[3] The principal reason for the application is that Ms Bowen believes that there is a risk that the BNZ will destroy evidence that is critical and relevant to protected disclosures she has made and to the proceedings that she has pending in the Human Rights Review Tribunal and in the Employment Relations Authority (the Authority). [4] The BNZ has identified the proceedings currently filed in the Court and the Authority as: (a) A statement of problem filed in the Authority in A...

8. Hazardous Substances and New Organisms Assessments Amendment Bill [pdf, 136 KB]

   ...decision or no application for reassessment has been made; and 1 R v Wholesale Travel Group (1992) 84 DLR (4th) 161, 188 citing R v Oakes [1986] 1 SCR 103. c. the EPA has reasonable cause to believe that there is actual or likely danger to human health or safety or the environment from the use of the substance; and d. the EPA has consulted the persons who the EPA considers are likely to be directly affected by the restriction of use. 11. A notice under s 64A may prohibit th...

9. OT US v N Ltd [2023] NZDT 169 (8 June 2023) [pdf, 196 KB]

   ...11 February 2023, the sign was prominent enough for him to see on the closed door. 23. Further, I take into account that Section 33 of the CGA provides that there shall be no right of redress against a supplier because of a cause independent of human control. 24. I accept that the cyclone Gabriel was an extreme weather event and a “a cause independent of human control”. 25. For these reasons I am satisfied that US and OT have not been able to prove that it is more likely tha...

10. Greer v Police (Strike-Out Application) [2022] NZHRRT 51 [pdf, 143 KB]

    ...person Mr R S May and Mr S B McCusker for defendant DATE OF HEARING: On the papers DATE OF DECISION: 21 December 2022 DECISION OF TRIBUNAL STRIKING-OUT CLAIM1 [1] This decision relates to a claim filed by Mr Greer in the Human Rights Review Tribunal alleging that the Commissioner of Police (Police) failed to respond to an information privacy request he made in 2014 in a timely manner and in full. 1 [This decision is to be cited as Greer v Police (Strike...