Tasman Building,16-22 ANZAC Avenue, Auckland CBD

1

• Tasman Building,16-22 ANZAC Avenue, Auckland CBD
• Phone [phone] Fax [phone]
  Email reception_at_glnlo.org.nz
• Weekly clinics in
• Avondale 9 AM 3.30 PM on Tuesdays
• Panmure 9 AM 12.15 PM on Tuesdays
• Glen Innes 9 AM 3.30 PM on Thursdays
• Glenfield 9 AM 12.15 PM on Thursdays
• Orakei Marae 9.30 AM 12.30 PM on Thursdays
• Mt Roskill 9 Am 3.30 PM on Fridays

2
Introduction to Human Rights in New Zealand

• Why are we doing this?
• For awareness right to be respected as a person
• To participate in decision making
• To preserve identity, practice belief and
  customs
• To belong and lead in the society

3
So what are those rights which you have?

• No single definition.
• Guaranteed basic rights and freedom entitlements
  to everyone.
• Guarantees is that government has a duty to
  protect/not interfere in.
• Universal guarantee to protect life and dignity.

4
New Zealand Bill of Rights Act 1990

• Sets out a range of civil and political rights
  that can be grouped as
• Life and security rights, eg life, torture, right
  to refuse medical treatment.
• Democratic and civil rights eg freedom of
  religion, belief, peaceful assembly, vote
  contest elections (if you qualify)
• Non-discrimination and minority rights.
• Search, arrest and detention rights eg search and
  seizure, arbitrary detention, Miranda rights.
• Criminal procedure rights, eg hearing by
  impartial court, innocence until proven guilty.
• Justice rights eg fair hearing, judicial review
  of public bodys decisions/actions.

5
Breach of NZ Bill of Rights Act 1990

• Allegations of breach of BORA can be put to a
  Court contact a lawyer.
• May lead to Judicial Review
• - Monetary compensation if no other action
  available.
• - Refer decision back to original decision-maker
  for reconsideration.
• Exclusion of evidence in criminal proceedings.

6
Human Rights Act 1993 Discrimination

• Prohibited grounds of discrimination

• Sex
• Marital status
• Religious Belief
• Ethical Belief
• Colour
• Race
• Ethnic National Origins

• Age
• Disability
• Political Opinion
• Employment Status
• Family Status
• Sexual Orientation

7
Discrimination Areas

• Government or public sector.
• All sorts of Employment (including job
  applications).
• Education.
• Access to public places, vehicles, facilities.
• Provision of goods and services.
• Provision of land, housing accommodation.
• Industrial professional associations
  /Partnerships.

8
Excludes

• Private / personal dealings i.e. jobs in private
  homes, shared accommodation as flat mates.
• Positive discrimination / affirmative action i.e.
  Discrimination to assist upliftment of
  disadvantaged social groups

9
Discrimination Under Human Rights Act 1993

• Direct discrimination
• Not being given an opportunity
• Not being given access to a public place or
  service
• Being treated less favourably
• Being subjected to any other detriment or penalty
• Due to any of the prohibited grounds of
  discrimination.
• Indirect discrimination conduct that appears to
  be neutral has the effect of discriminating
  against a person or persons when no good reason
  exists.

10
Lawful Discrimination

• Eg Promoting educational opportunities for
  disadvantaged promoting training schemes where
  eligibility is determined by a person's age,
  employment status or family status.

11
Complaints of Breaches of Human Rights Act 1993

• Both private and public sector can complain.
  Complaints should preferably be in writing
• The Commission will accept a complaint if on the
  face of it there appears to have been
  discrimination based on the prohibited grounds
  identified, resulting in a disadvantage.
• Contact Human Rights Commission about complaints
  on 0800 496 877/ infoline_at_hrc.co.nz, fill out at
  online complaint form on www.hrc.co.nz or write
  to their postal address.

12
Human Rights Commission Complaints Process

• First step mediation.
• Free.
• Confidential.
• Mediator will get in touch and arrange a
  mediation between the parties to find possible
  resolutions.
• Independent, neutral facilitator.
• Does not make judgments.

13
Human Rights Commission Complaints Process

• If the dispute does not resolve at mediation
• Take the complaint to the Human Rights Review
  Tribunal.
• Can either self-represent, engage a lawyer, or
  apply for free representation at the Office of
  Human Rights Proceedings.
• Awards are typically for injury to feelings,
  humiliation and loss of dignity.
• There is a 200,000 limit on the money the
  Tribunal may award. This is the same as the
  District Court.
• http//www.justice.govt.nz/tribunals/human-rights-
  review-tribunal/forms-guides-and-fees-1

14
Office of Human Rights Proceedings

• Factors as to whether you will get
  representation
• Significant question of law
• Potential public interest and effect
• The level of harm involved.
• Success rate
• Allowed by resources

15
Remember

• The commission will accept a complaint if
• There is evidence that you have been treated
  differently
• The differential treatment comes under one of the
  grounds of discrimination
• The treatment results in a disadvantage

16

• Before you make a claim to the Tribunal
• http//www.justice.govt.nz/tribunals/human-rights-
  review-tribunal

Before you make a claim under the You must first...
Human Rights Act 1993 provide evidence that you have made a complaint to the Human Rights Commission
Privacy Act 1993 have your complaint investigated by the Privacy Commissioner AND a Certificate of Investigation has been issued.
Health and Disability Commissioner Act 1994 have your complaint investigated by the Health and Disability Commissioner and a breach of the Code has been found AND the Commissioner has decided not to refer the matter to the Director of Proceedings OR the Director declines or fails to take proceedings. 
17
Current Reality

• Example 1
• The New Zealand Public Health and Disability
  Amendment Act 2013 was enacted in one sitting day
  despite a negative report under section 7 of the
  Bill of Rights Act, and despite New Zealands
  international obligations to respect and ensure
  the right to freedom from discrimination. No
  reasons were given for the use of urgency.
• Example 2
• In comparison to many states, as New Zealanders
  we enjoy an enviable human rights environment.
  But as the Government acknowledged at the
  previous UPR (UN Report) in 2009, there is room
  for improvement.
• S.7, NZBORA inconsistencies reporting
• https//www.lawsociety.org.nz/news-and-communicati
  ons/news/january-2014/some-new-zealand-human-right
  s-issues-not-addressed-in-un-process

18
Discussion

• Can we realise the collective strength of these
  rights?
• Where to from here?
• Learn your rights
• Teach others
• Respect others
• Set example for children