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1. Director of Proceedings v Smith (Costs) [2020] NZHRRT 35 [pdf, 259 KB]

   ...Whether costs follow the event in proceedings before the Tribunal [4] In all three of its jurisdictions the Tribunal has a broad discretion to award costs against the defendant and against the plaintiff. See the Human Rights Act 1993 (HRA), s 92L, the Privacy Act 1993 (PA), s 85(2) and the Health and Disability Commissioner Act 1994 (HDCA), s 54(2). Of these three provisions, only HRA, s 92L specifies the matters to be taken into account. Those specified factors indicate an intent that...

2. Ashworth v Kent (Strike-Out Application) [2018] NZHRRT 55 [pdf, 475 KB]

   ...statute to the HRRT, the limitation defence in s 11 is not available in proceedings before the Tribunal. [37] The omission was deliberate. See the Explanatory Note to the Limitation Bill: Claims for damages under the Human Rights Act 1993 or the Privacy Act 1993 are not money claims, because the claims to which the Bill will apply (see clause 9 [now s 10]) do not include claims made in proceedings in the Human Rights Review Tribunal. The special complaints procedures, and precondition...

3. LCRO 173/2021 KC v TG (6 May 2022) [pdf, 237 KB]

   ...[Company B] wrote a second disciplinary letter to Mr TG in connection with a fresh issue. This concerned an allegation that he had improperly accessed his direct manager’s [employee benefits] information. This was characterised as a breach of privacy. [17] The second disciplinary letter rescheduled the disciplinary meeting – now covering the issues raised in both letters – to Monday, 4 March 2019. That meeting was shifted to Wednesday, 6 March 2019. [18] The investigation...

4. [2023] NZEmpC 181 Henderson Travels Ltd v Kaur [pdf, 296 KB]

   ...Mr Sikri on 26 November 2019 was of poor quality and “inaudible”; (c) the recordings were obtained in breach of the duty of good faith in s 4 of the Act and were therefore illegal; (d) that making recordings was a breach to the right to privacy guaranteed under the Privacy Act 2020 and its use was illegal; and (e) that the act of recording the conversations was premeditated, well- planned with a deliberate intention to create “false evidence”. [34] It was incumbent...

5. [2023] NZEmpC 158 Turner v Te Whatu Ora [pdf, 293 KB]

   ...substantive reason to justify summarily dismissing her and that this was preceded by an unjustifiable suspension effected in a procedurally unfair manner. She also claims that the DHB acted in a discriminatory manner and ignored her rights to privacy and to freedom of expression. [3] Her claims were unsuccessful in the Authority and Ms Turner now challenges the Authority’s determination.1 Since the determination was issued, the Wairarapa District Health Board has bee...

6. What is Te Au Reka?

   ...significantly improve the experience of all court users. Te Au Reka will deliver modern capability in the following key areas: Logistics management – supporting the right things to occur at the right time Content management – supporting the use, management, privacy and access to court information/files Procedure management – supporting the application of the procedural process, including judicial decisions Administration management – supporting the administrative activities that underp...

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   1. Justice sector & policy >
   2. Key initiatives >
   3. Te Au Reka

7. [2025] NZEmpC 207 Lyttelton Port Company Limited v Maritime Union of New [pdf, 336 KB]

   ...foreperson stevedores, pilots, launch deckhands and wash operators; (footnote added). 8 These tests are understood to be for cholesterol, blood pressure and blood sugars; (footnote added). individuals to be kept securely to comply with the Privacy Act 2020 and the Health Information and Privacy Code 2020. [30] LPC has required 111 mandatory health monitoring assessments over a six- month period, from 24 September 2024 until the end of March 2025. Over 40 per cent of those...

8. OIA-111348.pdf [pdf, 3 MB]

   ...of the Act. In response to part 2, please refer to table 1 below, which details the document in scope of this part of your request and my decisions on its release. Some information has been withheld under section 9(2)(a) of the Act to protect the privacy of natural persons. In response to part 3, I can advise that this information will soon be published online. I am, therefore, refusing this part of your request under section 18(d) of the Act. Please refer to ogp.org.nz/new-zealands-p...

9. COVID-19 Justice Sector Survey

   ...of the criminal justice system. Approximately 370 people are contacted each week resulting in approximately 300 finalised interviews (a response rate during the first nine days of interviewing was 82%). The survey follows the NZCVS strict approach to privacy and confidentiality and no contact details of interviewed adults are released. COVID-19 Justice Sector Survey - Report 1 for the period 12 to 20 April 2020 [PDF, 1.1 MB] COVID-19 Justice Sector Survey - Report 2 for the period 21 to 27 Apri...

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   1. Justice sector & policy >
   2. Research & data >
   3. New Zealand Crime & Victims Survey (NZCVS)

10. Victims Code report PDF [pdf, 424 KB]

    ...was supposed to improve the responsiveness and accountability of agencies towards victims of crime. It’s important to note that the Act sets up an expectation that victims have the right to complain to individual agencies, the Ombudsman, the Privacy Commissioner and the Independent Police Conduct Authority about breaches of principles and entitlements. However, the eight key principles and ten rights for victims set out in the Act are effectively unenforceable.9 While Section 49 o...