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1. COVID-19 Public Health Response Bill [pdf, 205 KB]

   ...JTI-MacDonald [2007] 2 SCR 610 at [42]–[45]. Section 19 - Freedom from discrimination 51. We note that there is scope for orders under this Bill to have disproportionate impacts on certain groups protected from discrimination under s 21 of the Human Rights Act 1993 (for example, the elderly, or people in one person households).14 52. We consider that the power to make orders that might apply differently to different groups is clearly justifiable on public health grounds; howeve...

2. Director of Proceedings v Bay of Plenty District Health Board [2022] NZHRRT 5 [pdf, 326 KB]

   ...papers DATE OF DECISION: 8 February 2022 (REDACTED) DECISION OF TRIBUNAL1 1 [This decision is to be cited as Director of Proceedings v Bay of Plenty District Health Board [2022] NZHRRT 5. Note publication restrictions.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2022] NZHRRT 5 I TE TARAIPIUNARA MANA TANGATA 2 [1] These proceedings under the Health and Disability Commissioner Act 1994 were filed on 23 November 2021. [2] Prior to the filing of the proceedings the part...

3. [2023] NZIACDT 22 - OT v Ramos (27 June 2023) [pdf, 150 KB]

   ...her misconduct amounted to a short and insufficient Ministerial request and an out-of-time paper application duly rejected by Immigration NZ. [28] It is submitted that Ms Ramos’ misconduct was not a mistake in the nature of an oversight or human error, as described by Mr Moses, counsel for Ms Ramos. The Tribunal has determined that a mistake may be attributable to excusable human error in the event that it is a mistake that a “competent, reasonable, prudent, diligent practiti...

4. Evidence-of-S-Lewis-.pdf [pdf, 170 KB]

   ...trails. Although some users bristle at the other users, I am firmly of the opinion that anybody who gets outside to use our fantas�c landscape deserves to be there and encouraged. Everyone can find some reason to begrudge a different user but as humans we are very good at missing each other and going on our way. A cheery gree�ng, a friendly wave, a thank you, goes a long way to easing any tensions that these mee�ngs may invoke. As more users encounter each other on the trails, the mo...

5. Traumatic Brain Injury and people in the justice system (A3 infographic) [pdf, 375 KB]

   ...expressed are those of the researchers, not Statistics NZ. What next? Using this information about TBI, we can work towards a more trauma responsive Justice System. This analysis will help underpin policy advice provided as part of the Humane and Effective Justice programme. The findings will provide the basis for further investigation into how the Justice System can be more responsive to and support the wellbeing of those who have experienced a TBI. 20180110...

6. Turuki! Turuki! Moving Together [pdf, 2.9 MB]

   ...help those who are harmed • failing to stop harm and reoffending • failing Māori • racist, culturally blind and culturally biased • failing to meet diverse needs • confusing and alienating • costly, especially in terms of the loss of human potential. We have heard the call from New Zealanders for a new vision: A justice system that treats all people with humanity, dignity, respect and compassion, that recognises the mana inherent in all people and communities and enables...

7. [2021] NZACC 90 - Goh v ACC (24 June 2021) [pdf, 172 KB]

   ...2016.8 [11] In his decision on the 2019 review, the reviewer Mr Paul Munro said:9 Mrs Goh sought to review ACC’s decision of 22 November 2005. ACC accepted the late lodgement of the application. Mrs Goh sought to argue that the decision of the [Human Rights Review Tribunal] in the matter of Hennessy v Attorney-General10 made the actions of ACC wrong. As noted in ACC’s submissions that decision was not applicable to Mrs Goh’s situation, and I agree with ACC’s submission. A...

8. Nigel-Hampton-and-Kathryn-Dalziel-Submissions.pdf [pdf, 230 KB]

   ...the families in respect of the scope of the inquiry in order to fully respond to the issues raised in the December Minute. This point is expanded upon below in respect of the issues. 5. The families intended to support the application for the Human Rights Commission to be granted leave to intervene however the Coroner’s Minute of 1 February 2022 was issued prior to filing a submission in support. The families believe the Human Rights Commission has an important role to play in the...

9. BORA Ngā Hapū o Ngāti Ranginui Claims Settlement Bill [pdf, 282 KB]

   ...challenges is a legitimate incident of the negotiated settlement of claims. To the extent exclusion of subsequent challenges could be said to limit a claimant’s minority rights under s 20, this would be justified on the same basis. 6. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 Fisheries Settlement. The Committee found the exclusion was consistent with arts 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable...

10. BORA Te Atiawa Claims Settlement Bill [pdf, 278 KB]

    ...negotiated settlement of claims. 6. To the extent that the exclusion of subsequent challenge could be said to limit a claimant’s minority rights under s 20 of the Bill of Rights Act, this would be justified on the same basis. 7. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 Fisheries Settlement. The Committee found that the exclusion was consistent with articles 14 and 27 of the International Covenant of Civil and Political Rights, which are co...