Search Results

1. BORA Social Security (Benefit Categories and Work Focus) Amendment Bill [pdf, 396 KB]

   ...cancellation of the benefit. Restriction on freedom from discrimination (s 19(1) Bill of Rights Act) 13. Section 19 of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the prohibited grounds in s 21 of the Human Rights Act 1993. The grounds of discrimination under the Human Rights Act include employment status, which includes being on a benefit. 14. In assessing whether there is a limit on the right to freedom from discrimination we cons...

2. Judge v Care Park New Zealand Ltd (Strike-Out Application) [2018] NZHRRT 14 [pdf, 326 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2018] NZHRRT 14 Reference No. HRRT 052/2017 UNDER THE PRIVACY ACT 1993 BETWEEN PAUL CRAWFORD JUDGE PLAINTIFF AND CARE PARK NEW ZEALAND LIMITED FIRST DEFENDANT AND WAIKATO INSTITUTE OF TECHNOLOGY SECOND DEFENDANT AT AUCKLAND BEFORE: Ms MA Roche, Co-Chairperson Dr SJ Hickey MNZM, Member Mr BK Neeson JP, Member REPRESENTATION: Mr P Judge in person Mr J Horner for first defend...

3. Lawson v Intended Defendant (No. 2) (Extension of time to commence proceedings) [2023] NZHRRT 33 [pdf, 193 KB]

   ...(Extension of time to commence proceedings) [2023] NZHRRT 33.] 2 In this case notice was given under PA, s 98(3) that the Privacy Commissioner, having commenced an investigation, decided not to further investigate the complaint or matter. IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2023] NZHRRT 33 I TE TARAIPIUNARA MANA TANGATA 2 on 30 March 2022. Accordingly, a jurisdictional issue arises as Miss Lawson’s claim was lodged after the prescribed six-month limitation period. [3] Mi...

4. BORA Corrections Amendment Bill (No 2) [pdf, 325 KB]

   ...with the legitimate communications outside prison boundaries is remote. Freedom from Discrimination 18. Section 19 of the Bill of Rights Act affirms the right of everyone to freedom from discrimination on the grounds set out in section 21 of the Human Rights Act 1993, including religious belief. 19. The Bill amends section 79 of the Act to ensure that section 129(a) (which forbids the consumption of alcohol by prisoners other on medical grounds) does not operate to prohibit the con...

5. Cook v Manawatu Community Law Centre (Costs) [2021] NZHRRT 57 [pdf, 168 KB]

   ...ss 85(1)(c) and 88(1)(c) of the Privacy Act 1993 (PA) for hurt and humiliation and injury to the feelings of Ms Cook. Costs were reserved. 1 [This decision is to be cited as Cook v Manawatu Community Law Centre (Costs) [2021] NZHRRT 57] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2021] NZHRRT 57 I TE TARAIPIUNARA MANA TANGATA 2 [2] Costs submissions have now been received and in brief: [2.1] Ms Cook seeks costs of $7,500 (with no GST) against the MCLC; [2.2] The MCLC seeks costs...

6. BORA Eden Park Trust Amendment Bill [pdf, 253 KB]

   ...of the 2011 Rugby World Cup. INCONSISTENCY WITH SECTION 19(1) OF THE BILL OF RIGHTS ACT 5. Section 19(1) of the Bill of Rights Act provides: ‘Everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993.’ 6. Section 21 of the Human Rights Act 1993 specifies the prohibited grounds of discrimination. These grounds include, inter alia, ‘disability’ which includes: • physical disability or impairment • physi...

7. Justice Matters - issue 10 - March 2018 [pdf, 3.3 MB]

   ...now more than ever, we need transformative change not silent support. Over the last 30 years, we’ve seen a shift in our justice system; one that’s predicated on crime, punishment, and targets. A justice system that has lost sight of what’s humane and effective for offenders, victims, and the public isn’t a system I want to lead, and not a system New Zealanders deserve. I was heartened to attend the launch of the Borrin Foundation last week. The Foundation was set up at the be...

8. [2023] NZEmpC 95 VMR v Aviation Security Service Division of Civil Aviation Authority [pdf, 257 KB]

   ...fall? [22] Ms Grey, counsel for the AVOs, submitted that it was in the interests of justice to conclude that all costs lie where they fall in each proceeding. This was because: (a) the circumstances were novel and involved important legal and human rights issues, including the relationship between subordinate legislation 6 Tomo v Checkmate Precision Cutting Tools Ltd [2015] NZEmpC 2, [2015] ERNZ 196 at [5]. 7 “Employment Court of New Zealand Practice Directions” <www.empl...

9. [2012] NZEmpC 216 Q v W [pdf, 110 KB]

   ...plaintiff was seeking, it may be that the plaintiff will be required to disclose her disability to a prospective employer, so name suppression would not override this obligation. [28] I accepted Mr France’s submission on the point that the Human Rights Act 1993 expressly prohibits discrimination on the grounds of disability. On that basis it would not be an appropriate exercise of the discretion to grant name suppression in anticipation that identification of her disability wou...

10. AAQ Ltd v ZZJ, ZZK and ZZL [2013] NZDT 13 (16 April 2010) [pdf, 84 KB]

    ...if any fuel contamination occurred through: i. an act or default or omission of any person other than ZZJ Ltd (e.g., the fuel was contaminated through the fault of ZZL Ltd) (s 26(a)(i) of the CGA); or ii. a cause independent of human control, occurring after the goods have left the control of ZZJ Ltd (s 26(a)(ii) of the CGA). [6] Similar liability would also exist under general principles of the law of negligence, but as the Consumer Guarantees Act has direct appl...