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1. Restorative Justice: Best practice in New Zealand 2004 - 2017 [pdf, 428 KB]

   ...all parties and give ample opportunity for everyone present to speak their truth freely. On the other hand, as long as these values are honoured, there is room for a diversity of processes and a flexibility of practice. It is this emphasis on deep human values and virtues on the one hand, and flexibility of practice on the other, that affords restorative justice such cross- cultural utility. Different cultural and ethnic communities may employ different processes in order to actualise co...

2. EMPC Dinner speech Labour Law Society Conference [pdf, 165 KB]

   ...pace. And, Professor Ewing, you will be interested to know this: The report of the Think Tank which is called Policy Exchange, says that the main weapons used in legal 2 challenges to UK military operations are the European Convention on Human Rights in the 1998 Human Rights Act. Our legal creep is, I fear, somewhat more rapid although I cannot claim that civilisation as we know it is under immediate threat, as appears to be the claim in the United Kingdom. And I haven’t...

3. BORA Taxation (Annual Rates for 2015-16, Research and Development, and Remedial Matters) Bill [pdf, 312 KB]

   ...consistent with section 14 of the Bill of Rights Act. Section 19 – Freedom from discrimination 8. Section 19(1) of the Bill of Rights Act affirms the right to be free from discrimination on the prohibited grounds of discrimination set out in the Human Rights Act 1993. Prohibiting beneficiaries from electing to end formula assessments of child support 9. Clause 11 of the Bill does not allow social security beneficiaries to elect to end a formula assessment of child support. Under se...

4. BORA Employment (Pay Equity and Equal Pay) Bill [pdf, 296 KB]

   ...by the Bill are justified under s 5 of the Bill of Rights Act. Section 19 – Freedom from discrimination 16. 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, including sex.2 17. The key questions in assessing whether there is a limit on the right to freedom from discrimination are:3 a. does the legislation draw a distinction on one or more of the prohibited grounds of discr...

5. BORA Cultural Property (Protection in Armed Conflict) Bill [pdf, 230 KB]

   ...absolute prohibition on the unofficial use of the Emblem. CONSISTENCY WITH SECTION 19 OF THE BILL OF RIGHTS ACT 14. Section 19 the Bill of Rights Act affirms the right to be free from discrimination on the grounds set out in section 21 of the Human Rights Act 1993. These grounds include, inter alia, ethnic or national origins (including nationality or citizenship). 15. In our view, taking into account the various domestic and overseas judicial pronouncements as to the meaning of d...

6. Dunedin City Council - Zoe Moffat - EIC - 25 February 2022 [pdf, 221 KB]

   ...and Dr Sam Thomas of the Otago Regional Council discusses the effects wastewater discharges have on water quality across Otago, including Dunedin. Wastewater discharge policies – 7.C.12 and 7.C.13 23 Policy 7.C.12 relates to discharges of human sewage from existing reticulated wastewater systems, including extensions to those systems. Provisions (a) to (e) specify measures designed to reduce the adverse effects of these discharges. 24 Policy 7.C.13 relates to discharges of...

7. Director of Proceedings v Wilding International Ltd [2021] NZHRRT 45 [pdf, 351 KB]

   ...on the papers DATE OF DECISION: 22 September 2021 (REDACTED) DECISION OF TRIBUNAL1 1 [This decision is to be cited as Director of Proceedings v Wilding International Ltd [2021] NZHRRT 45. Note publication restrictions.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2021] NZHRRT 45 I TE TARAIPIUNARA MANA TANGATA 2 [1] These proceedings under the Health and Disability Commissioner Act 1994 were filed on 20 April 2021. [2] Subsequent to the filing of the proceedings th...

8. Keston v Redwood Corporation Ltd (Extension of Time to Commence Proceedings) [2022] NZHRRT 50 [pdf, 141 KB]

   ...in this Tribunal, as he sought to commence proceedings under s 98(1)(b) of the Act one week late. 1 [This decision is to be cited as Keston v Redwood Corporation Ltd (Extension of Time to Commence Proceedings) [2022] NZHRRT 50.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2022] NZHRRT 50 I TE TARAIPIUNARA MANA TANGATA 2 BACKGROUND [1] In May 2021 Mr Keston made an IPP6 request to the Redwood Corporation Limited trading as Pelican Club (Pelican Club) to access his personal info...

9. 20230413-Dairy-Industry-Restructuring-Fonterra-Capital-Restructuring-Amendment-Bill.pdf [pdf, 194 KB]

   ...seizure appears to be reasonable and that therefore this right is not engaged. Section 19 – Freedom from discrimination 13. 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). 14. Discrimination under section 19 of the Bill of Rights Act arises where:10 a. there is differential treatment or effects as between persons or groups in analogous or comparable situations based...

10. [2022] NZACC 6 – Jones v ACC (19 January 2022) [pdf, 164 KB]

    ...required that the judgment be recalled.2 [15] The Court noted that the basis for Mr Jones’ application for recall related to the third category, and flowed from the destruction of his 1991 claim file, and that he relied upon the decision of the Human Rights Review Tribunal in Vivash.3 The Court determined that the Vivash decision had no application to the present proceeding, as the Human Rights Review Tribunal was exercising a different jurisdiction and applying legislation f...