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1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2017] NZHRRT 12 Reference No. HRRT 061/2015 UNDER THE PRIVACY ACT 1993 BETWEEN YIASOUMI YIASOUMI PLAINTIFF AND ATTORNEY-GENERAL DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines QC, Chairperson Ms WV Gilchrist, Member Hon KL Shirley, Member REPRESENTATION: Mr Y Yiasoumi in person Ms H Carrad for defendant DATE OF HEARING: 8 March 2017 DATE OF DECISION: 11 April...
...proceedings without the disclosure of any more information about the private lives of individuals, or matters that are commercially sensitive, than is necessary to satisfy the principle of open justice: (d) the protection of other confidentiality and privacy interests (including those of children and other vulnerable members of the community) and any privilege held by, or available to, any person: (e) the principle of open justice (including the encouragement of fair and accurate r...
Reference No. HRRT 013/2021 UNDER THE PRIVACY ACT 2020 BETWEEN AMY SUE VAN WEY LOVATT PLAINTIFF AND TE WHATU ORA - HEALTH NEW ZEALAND DEFENDANT AT AUCKLAND BEFORE: Ms GJ Goodwin, Deputy Chairperson Ms BL Klippel, Member Dr M Koloamatangi, Member REPRESENTATION: Ms K Dalziel for plaintiff Mr P White for defendant DATE OF HEARING: 27 March 2023 DATE OF DECISION: 15 November 2023 DECISION OF TRIBUNAL STRIKING OUT AMENDED STATEMENT OF CLAI...
...proceedings without the disclosure of any more information about the private lives of individuals, or matters that are commercially sensitive, than is necessary to satisfy the principle of open justice: (d) the protection of other confidentiality and privacy interests 5 Rule 11(7)(a). 6 Rule 11(8). 7 Erceg v Erceg [2016] NZSC 135, [2017] 1 NZLR 310 at [2]; Commissioner of Police v Doyle [2017] NZHC 3049; and Berry v Crimson Consulting Ltd [2017] NZHC 3026 upheld on appeal...
...(freedom of expression); b. s 21 (unreasonable search and seizure); and c. s 23(5) (right of persons deprived of liberty to be treated with humanity and dignity). 5. These rights are fundamentally concerned with fairness, individual autonomy, privacy and dignity of individuals within the corrections system. Any limitation on these rights requires careful scrutiny and justification. 6. We conclude that the Bill is consistent with the rights and freedoms affirmed in the Bill of Righ...
...of “time, place and circumstance” of a particular case. [2] Overall, this involves the balancing of values underlying s 21 and a weighing of all the relevant values and public interests involved, and the strength of the individual concerns for privacy against the strength of society’s need to detect and investigate crime. [3] A search or seizure which is unreasonable in terms of s 21 cannot be justified in terms of s 5 of the Bill of Rights Act. [4] 8. Issues in the Bill that may...
1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2018] NZHRRT 33 Reference No. HRRT 036/2016 UNDER THE PRIVACY ACT 1993 BETWEEN RAM NAIDU PLAINTIFF AND ROYAL AUSTRALASIAN COLLEGE OF SURGEONS DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines ONZM QC, Chairperson Ms K Anderson, Member Hon KL Shirley, Member REPRESENTATION: Mr AR Bell for plaintiff Mr AJ Knowsley for defendant DATE OF HEARING: 16 and 17 April 2018 DATE OF...
...EFG AND JKL (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE CHAIRPERSON OR OF THE TRIBUNAL IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2013] NZHRRT 37 Reference No. HRRT 001/2012 UNDER THE PRIVACY ACT 1993 BETWEEN IAN RUSSELL GEARY PLAINTIFF AND ACCIDENT COMPENSATION CORPORATION DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines QC, Chairperson Mr MJM Keefe JP, Member Dr AD Trlin, Member REPRESENTATION: Mr AC...
...8. Section 21 of the Bill of Rights Act affirms that everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, correspondence or otherwise. The right protects a number of values including personal privacy, dignity, and property.1 The Bill engages s 21 with respect to its information gathering powers and with respect to searches and seizures authorised within the Bank’s currency regulation role. Information gathering powers 9. Clause...
...warrant requirement for interception of communications where that interception is directed at New Zealand citizens and residents, but not otherwise; and 2.2.3 The right against unreasonable search and seizure affirmed by s 21, because intrusion into privacy by way of interception can constitute search and/or seizure. 2.3 The consistency of the potentially intrusive powers of interception in the Bill with ss 14 and 21 of the Bill of Rights Act turns upon the purpose and scope of that pote...