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1. [2020] NZEnvC 191 Aratiatia Livestock Limited v Southland Regional Council [pdf, 413 KB]

   ...social and cultural wellbeing of the region. Objective 64 Water quality in each freshwater body, coastal lagoon and estuary will be: (a) maintained where the water quality is not degraded; and (b) improved where the water quality is degraded by human activities. 1 Second Interim Decision [2020] NZEnvC 93 and Third Interim Decision [2020] NZEnvC 110. 2 Second Interim Decision [2020] NZEnvC 93, Third Interim Decision [2020] NZErivC 110 and Minute dated 5 August 2020. Note: as sign...

2. BORA Family and Whanau Violence Legislation Bill [pdf, 237 KB]

   ...1 Turners & Growers Ltd v Zespri Group Ltd (No 2) (2010) 9 HRNZ 365 (HC) at [72]. 2 B v JM [1997] NZFLR 529 (HC) at 532. 3 Moonen v Film and Literature Board of Review [2000] 2 NZLR 9 (CA) at [15]: “This right is as wide as human thought and imagination”. 3 BORA VET FAMILY VIOLENCE LEGISLATION BILL:3784173_3 respondent with a protected person may also be permitted if reasonably necessary in an emergency, or if authorised by the Family Court 13. The p...

3. Teina Pora inflation adjustment [pdf, 185 KB]

   ...compensation payment [STR (98) M 39/6]. 38. The Ministry of Justice is not funded for any ex gratia or compensation payments and is unable to make any cost reductions to absorb this payment. The payment will be a charge against the general contingency. Human rights 39. The proposed compensation package is consistent with the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. Legislative implications 40. There are no legislative implications. Regulatory impact...

4. BORA Privacy Bill [pdf, 157 KB]

   ...agencies of privacy breaches and authorising the Commissioner to issue compliance notices in response to privacy breaches. It also enables the Commissioner to make decisions on complaints about access to information rather than referring these to the Human Rights Review Tribunal. 3. In concluding that the Bill is consistent with the Bill of Rights Act we have considered, in particular, its consistency with s 14 (freedom of expression), s 21 (freedom from unreasonable search and seizure...

5. [2007] NZEmpC AC 51A/07 Maritime Union of NZ and ors v TLNZ Ltd and anor [pdf, 158 KB]

   ...workplaces may permit or indeed even require an employer to promulgate a drug and alcohol policy appropriate to the circumstances of its business, the workplace, and employees. • Alcoholism and drug dependency are disabilities covered by the Human Rights Act 1993 and in respect of which it will be unlawful for an employer to treat an employee qualified for work of any description less favourably than other employees of similar capabilities by reason of any prohibited ground of d...

6. Lawson v Intended Defendant (Extension of Time to Commence Proceedings) [2023] NZHRRT 20 [pdf, 198 KB]

   ...as Miss Lawson’s claim was lodged after the six month time period prescribed by the Privacy Act 2020 (PA). 1 [This decision is to be cited as Lawson v Intended Defendant (Extension of Time to Commence Proceedings) [2023] NZHRRT 20] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2023] NZHRRT 20 I TE TARAIPIUNARA MANA TANGATA 2 [2] Miss Lawson’s claim can only be accepted if the Chairperson or a Deputy Chairperson, on an application made by Miss Lawson, is satisfied that exceptional...

7. Beattie v Official Assignee (Costs) [2021] NZHRRT 40 [pdf, 174 KB]

   ...DECISION: 21 April 2021 DATE OF DECISION ON COSTS: 11 August 2021 DECISION OF TRIBUNAL ON COSTS1 1 [This decision is to be cited as Beattie v Official Assignee (Costs) [2021] NZHRRT 40. Note publication restrictions.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2021] NZHRRT 40 I TE TARAIPIUNARA MANA TANGATA 2 Introduction [1] The Tribunal by decision in Beattie v Official Assignee [2021] NZHRRT 21 (21 April 2021) dismissed Mr Beattie’s complaint of interfere...

8. Maritime Powers Bill [pdf, 151 KB]

   ...Rights Act. Section 22 – Liberty of the person 32. Section 22 of the Bill of Rights Act affirms that everyone has the right not to be arbitrarily arrested or detained. The purpose of the right not to be arbitrarily detained is the protection of human dignity, autonomy and liberty.12 33. Where an enactment is inconsistent with s 22, there can be no role for justification under s 5. The term “arbitrarily” is intended to provide a measure of the reasonableness of statutory powers,1...

9. [2023] NZEnvC 177 Otago Regional Council v Armishaw [pdf, 280 KB]

   ...costs against Blair Edward Armishaw seeking costs relating to the interim and final orders it obtained against him. Background [2] The application for interim enforcement orders was lodged with the court on 6 May 2022 to address the discharge of human sewage from his property situated at 1010 Weston-Ngapara Road, Elderslie (‘the Site’). The application was granted on the same day,1 although the orders were not complied with. [3] The Council filed a further application pursuan...

10. Rafiq v Department of Internal Affairs [2013] NZHRRT 11 [pdf, 56 KB]

    1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2013] NZHRRT 11 Reference No. HRRT 042/2011 UNDER THE PRIVACY ACT 1993 BETWEEN RAZDAN RAFIQ PLAINTIFF AND SECRETARY FOR THE DEPARTMENT OF INTERNAL AFFAIRS 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 DATE OF HEARING: 12 and 13 April 2012 DA...