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1. BORA Secondhand Dealers and Pawnbrokers Bill [pdf, 18 KB]

   ...56(1) and 57(1)(f) prevent pawnbrokers from accepting pledges from persons under that age. 3. These age restrictions are prima facie inconsistent with the freedom from discrimination on the grounds of age affirmed by s 19 BORA and s 21(1)(i) of the Human Rights Act 1993, which is defined as any age commencing with the age of 16 years. It is therefore necessary to consider whether such inconsistencies can be justified in terms of s 5 BORA. 4. Age limits necessarily involve a degree of g...

2. OIA-102701.pdf [pdf, 793 KB]

   ...determine adjournments and other requests • Ability to work with new and emerging technology to enhance access to justice • Ability to cope with stressful situations and potentially disturbing information • Mature outlook and the ability to assess human nature accurately Decision-making and analytical skills Members must be able to: • remain open minded, avoiding typecasting or making assumptions about people • contribute to the decision-making of the Tribunal which is soun...

3. Rafiq v Ministry of Business, Innovation and Employment [2013] NZHRRT 9 [pdf, 83 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2013] NZHRRT 9 Reference No. HRRT 037/2011, 038/2011 & 039/2011 UNDER THE PRIVACY ACT 1993 BETWEEN RAZDAN RAFIQ PLAINTIFF AND CHIEF EXECUTIVE, MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines QC, Chairperson Dr SJ Hickey, Member Dr AD Trlin, Member REPRESENTATION: Mr R Rafiq in person (no appearance) Mr S Cohen-Ronen for Defendant...

4. IPT Application Pack 2023 [docx, 37 KB]

   ...write in a concise and cogent manner 1. Experience in a decision-making role and/or in working within a statutory framework 1. Ability to cope with stressful situations and potentially disturbing information 1. Mature outlook and the ability to assess human nature accurately. Decision-making and analytical skills Members must be able to: · remain open minded, avoiding typecasting or making assumptions about people · contribute to the decision-making of the Tribunal which is sound, balanced a...

5. Kooiman v CAC519, Rodgers, Clarke and Cudby [2019] NZREADT 11 [pdf, 287 KB]

   ...to award costs, in any proceedings under the Act. She referred us to the judgment of her Honour Justice Mallon in the High Court in Commissioner of Police v Andrews, in which her Honour set out principles applicable to awards of costs under the Human Rights Act 1993.15 [59] Mr Kooiman submitted that he is not a vexatious litigant, and has not instigated multiple proceedings. In response to Mr Dewar’s statements, he submitted that:

6. [2019] NZEmpC 51 Goleman Wellington Cleaning Ltd v Nicolle [pdf, 330 KB]

   ...that Mr Nicolle be penalised for breaching the settlement agreement. The stay [5] Goleman has applied for a stay of execution of the determination. The application was supported by an affidavit of David Fuimaono, who is Goleman’s National Human Resources and Compliance Manager. Mr Fuimaono described in detail the background to the employment relationship problem that led to the settlement agreement. He concentrated on allegations that Mr Nicolle had breached a non-dispara...

7. FH QK v WI Incorporated [2022] NZDT 192 (20 October 2022) [pdf, 237 KB]

   ...that the glass in question is 6mm Georgian wired glass, and this complies with the building code and NZ Safety Standards for a door panel of this size. WI Incorporated also provided evidence from XN Ltd who replaced the glass and noted that “some human impact to the door….. would cause that breakage. The door would not just break.” “This is not wear and tear, that has had some impact to cause the break.” 9. WI Incorporated also submitted photographic evidence of the broken gl...

8. Hide v Official Assignee (Confidentiality Claim) [2019] NZHRRT 1 [pdf, 302 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2019] NZHRRT 1 Reference No. HRRT 035/2016 UNDER THE PRIVACY ACT 1993 BETWEEN RODNEY PHILIP HIDE PLAINTIFF AND OFFICIAL ASSIGNEE DEFENDANT AT CHRISTCHURCH BEFORE: Mr RPG Haines ONZM QC, Chairperson Ms WV Gilchrist, Member Ms ST Scott, Member REPRESENTATION: Mr RP Hide in person assisted by Mr DI Henderson as McKenzie friend Mr SM Kinsler and Ms SK Shaw for defendant Ms R Jam...

9. BORA Sentencing (Protection of Children Criminal Offending) Amendment Bill [pdf, 288 KB]

   ...illness or injury (‘the new aggravating factor’). Consistency with the right to freedom from discrimination 4.Section 19(1) of the Bill of Rights Act affirms the right of everyone to be free from discrimination on the grounds set out in the Human Rights Act 1993. The grounds of discrimination are set out in s 21 of that Act, and include age (commencing at 16 years of age). 5.A provision may limit the right to freedom from discrimination where: a.it draws a distinction on one o...

10. [2021] NZEmpC 59 Humphrey v Canterbury District Health Board [pdf, 242 KB]

    ...dismissed) is that the option identified in the Toogood report (namely the DHB bringing in professional support and assistance to try to rebuild the damaged relationships) has yet to be explored. The view expressed by a member of the DHB’s Human Resources team, that the relationship breakdown is too far gone, is based on a reading of the affidavit evidence filed by a number of colleagues who did not have the opportunity to reflect on the Toogood report’s findings; and which appe...