Human Rights Act 1993

A   B   C   D   E   F   G   H   I   J   K   L   M   N   O   P   Q   R   S   T   U   V   W   X   Y   Z

A

Adjournment – multiple adjournment applications – inadequate medical certificates – accumulating delays – repeated non-compliance with case management directions – Tribunal resources under sustained pressure – prejudice to defendant – whether further adjournment to be granted – dismissal of proceedings

Apparent bias – recusal – test for

Appeal – stay of decision – whether Tribunal has jurisdiction to order stay – principles to be applied – Human Rights Act 1993, s 123(9)

Authorised or required by an enactment or otherwise by law – application of Human Assisted Reproductive Technology Act 2004 – guiding principles – whether to be taken into account – Human Rights Act 1993, s 21B(1) – Human Assisted Reproductive Technology Act 2004, s 4 – Heath and Disability Services (Safety) Act 2001 – NZS 8181 Fertility Services – Code of Health and Disability Services Consumers’ Rights, Rights 1, 2, 4 and 6

Authorised or required by an enactment or otherwise by law – duty of health care provider to exercise reasonable care and skill – whether duty to decline to provide services if provision of services sought beyond experience and skill levels – Human Rights Act 1993, s 21B(1) – Code of Health and Disability Services Consumers’ Rights, Right 4

Authority to bring proceedings – authority to act – when necessary to file – lawyer’s authority to file documents – authority of lay agent or representative – whether necessary to establish – Human Rights Act ss 104(5) and 108(3) – Lawyers and Conveyancers Act 2006, ss 27(1) and 39(1) – High Court Rules, r 5.37

Authority to bring proceedings on behalf of disabled plaintiff – failure to establish – whether proceedings to be struck out

Back to top

B

Bankruptcy – effect of defendant’s bankruptcy – whether proceedings before Tribunal halted – provable debt – Insolvency Act 2006, ss 76, 231 and 232

Bias – apparent bias – recusal – test for

Back to top

C

Causation – by reason of – whether prohibited ground of discrimination required to be only a material ingredient rather than a substantial and operative factor – Human Rights Act 1993, s 22(1)(c)

Children – litigation guardian – appointment of – right to be heard – High Court Rules, rr 4.29, 4.30, 4.31 and 4.32 – Convention on the Rights of the Child 1989, Article 12

Comparator group – employment – termination of – proper comparator group – Human Rights Act 1993, s 22(1)(c)

Comparator group – employment – termination on grounds of physical disability or impairment – Human Rights Act 1993, s 22(1)(c)

Comparator group – Part 1A claim – principles to be applied in identifying comparator

Costs – litigant in person delusional – relevance of mental disability in context of costs application – successful party represented by agent, not lawyer – whether costs other than disbursements could be awarded

Costs – principles to be applied – whether compassion relevant – Human Rights Act 1993, s 92L

Costs – principles to be applied – Human Rights Act 1993, s 92L

Costs – principles to be applied – indemnity costs – costs awarded against person represented by Director of Human Rights Proceedings – Human Rights Act, ss 92C(4) and 92L

Costs – principles to be applied – whether Tribunal to depart from civil rule that costs follow the event – whether costs discretion must promote, not negate objects of Human Rights Act 1993 – whether discretion to be exercised in a way which may discourage individuals from bringing proceedings – plaintiff filing discontinuance – whether presumption costs to be awarded defendant – Human Rights Act 1993, s 92L

Costs – principles to be applied – whether costs to punish unsuccessful party – whether costs to discourage party from bringing or defending proceedings – whether litigants in person who engage in needless and inexcusable conduct enjoy immunity – whether understanding and compassion relevant – Privacy Act 1993, s 85(2)

Costs – relevance of implementation at domestic level of international obligations – responsibility of State to respect and ensure – principle of access to justice – relevance of public importance of case – public interest and the award of costs by the Tribunal – relevance of motivation of unsuccessful plaintiff – Human Rights Act 1993, s 92L

Costs – representation on a fee paying basis but quantum not fixed and if plaintiff unsuccessful fee would be waived – whether necessary for successful party to have received or paid a bill of costs – impecunious plaintiff – whether withholding costs would discourage – Human Rights Act 1993, ss 92L and 105

Costs – settlement offers – Calderbank offers – whether defendant should have accepted – relevance of

Costs – unsuccessful litigant in person refused legal aid – litigant in prison and without funds – relevance to award of costs

Costs – unsuccessful plaintiff a litigant in person – need for Tribunal’s processes and procedures to be adapted to ensure lay litigants not unduly deterred by prospect of adverse award of costs – access to justice – withholding provisions – challenge to application of – role of Tribunal in withholding cases – importance of Tribunal’s oversight – relevance of when agency applies for costs – Privacy Act 1993, ss 27 to 29 and 85(2)

Costs – whether principles to be applied different where Director of Human Rights Proceedings involved in proceedings – Human Rights Act 1993, ss 92C(4) and (5) and 92L(1)

Back to top

D

Delay by Tribunal issuing decision – reasons for – unprecedented increase in workload – need for Deputy Chairperson(s) to be appointed – Human Rights Act in urgent need of amendment to allow this to be done – Human Rights Act 1993, s 102(1)

Director of Human Rights Proceedings – costs – principles to be applied when costs awarded against person represented by Director – Human Rights Act 1993, s 92C(4) and 92L

Director of Human Rights Proceedings – costs – principles to be applied when costs awarded in favour of Director – Human Rights Act 1993, ss 92C(5) and 92L

Discovery – continuing process – whether ruling on one aspect of discovery inhibits ruling on different aspect – confidentiality interests – whether such interests trump need for Tribunal to get at the truth and need to combat discrimination – whether confidentiality concerns can be addressed by different mechanisms – significance of undertaking – Human Rights Act 1993, ss 105 and 107 – Evidence Act 2006, s 69

Discovery – discovery against non-party – jurisdiction to order – procedure to be followed – whether order for particular discovery against non-party the only means to gain access to documents held by non-party – subpoena duces tecum – witness summons requiring production of papers, documents, records or things – Human Rights Act 1993, ss 104(5), 106(1)(a), (b) and (c) and 109 – Human Rights Review Tribunal Regulations, reg 16(1) – High Court Rules, rr 8.21 and 9.52

Discovery – implied undertaking that discovered documents and information will be used only for the purpose of the proceedings – whether express undertaking required

Discovery – jurisdiction to order – structure of discovery before Tribunal – Human Rights Act 1993, s 104 – Human Rights Review Tribunal Regulations 2002, reg 16(1)

Discovery – right to be free from discrimination versus confidentiality interests of third party – assessment of – whether probative value outweighed by confidentiality interest – relevance of redaction of document and the giving of undertaking by party seeking discovery – Evidence Act 2006, s 69

Discrimination – access to public place refused – indirect discrimination – whether by reason of prohibited ground of discrimination – Human Rights Act 1993, ss 42 and 65

Discrimination – age – whether established on facts – choice of comparator – material disadvantage – whether disadvantage beyond direct loss must be established – Accident Compensation Act 2001, Schedule 1, Part 4, cl 68

Discrimination – age – whether proxy for capacity and maturity – need for expert evidence – stereotypical application of presumed personal or group characteristics – Human Rights Act 1993, s 21(1)(i)

Discrimination – disability – attribution of characteristics of disabled person to comparator group – taking away characteristics of disabled person from disabled group – Human Rights Act 1993, s 21(1)(h)

Discrimination – exception where qualification needed for a calling for the purposes of an organised religion and limited to one sex or to persons of that religious belief so as to comply with the doctrines or rules or established customs of that religion – meaning of – Human Rights Act 1993, ss 38 and 39(1)

Discrimination – marital status – unmarried de facto relationship – sexual orientation – Human Rights Act 1993, s 21(1)(b) and (m) – Marriage Act 1955, s 29(2) – Marriage (Definition of Marriage) Amendment Act 2013, s 4

Discrimination – physical disability or impairment – whether necessary to prove intention in sense of motive or purpose to engage in prohibited discrimination – termination of employment – whether relevant that procedure fair or reasonable – relevance of 90 day trial period – remedy – Human Rights Act 1993, s 22(1)

Discrimination – provision of goods and services – whether comparator required – by reason of – whether causative link required – whether material factor test to be applied – selection of comparator group – Human Rights Act 1993, ss 21(2)(b) and 44(1)(a) and (b)

Discrimination – race – ethnic or national origins – whether established on the facts – Human Rights Act 1993, s 21(1)(f) and (g)

Dismissal of proceedings – proceedings brought before Tribunal in relation to matter not the subject of a complaint to the Human Rights Commission – whether Tribunal had jurisdiction – Human Rights Act 1993, ss 76(2)(a) and 92B

Back to top

E

Employment – discrimination – religious practice – observance of Sabbath – employer’s duty to accommodate – Human Rights Act 1993, ss 22, 28 and 35

Employment – discrimination – religious practice – observance of Sabbath – employer’s duty to accommodate – unreasonably disrupt employer’s activities – interpretation of – whether evidential foundation required – nature of duty on employer – relevance of detrimental effect on employee morale – whether account to be taken of need to provide equal access to workforce of people who would otherwise encounter barriers to entry – burden of proof – Human Rights Act 1993, ss 22, 28(3), 35 and 92F(2)

Employment – termination of – discrimination – comparator group – Human Rights Act 1993, s 22(1)(c)

Evidence – admissibility – discretion to admit evidence – test – relationship between Human Rights Act 1993 and Evidence Act 2006 – Human Rights Act 1993, ss 106(1) and (4) – Evidence Act 2006, s 5(1)

Evidence – admissibility – relationship between Human Rights Act 1993 and Evidence Act 2006 – Human Rights Act 1993, s 106 – Evidence Act 2006, s 5

Evidence – appearance of witness or participant by audio-visual link (AVL) – whether jurisdiction to permit – principles and criteria to be applied – Human Rights Act 1993, s 104(5) – Courts (Remote Participation) Act 2010, ss 5 and 7 – Evidence Act 2006, ss 102 to 105

Evidence – confidentiality – jurisdiction of Tribunal to determine – Evidence Act 2006, s 69 – High Court Rules, r 8.25

Evidence – counsel appearing by audio-visual link (AVL) – whether jurisdiction to permit – principles and criteria to be applied – Courts (Remote Participation) Act 2010, ss 5 and 7 – Evidence Act 2006, ss 102 to 105

Evidence – discovery – extent of – public interest in full and vigorous investigation of alleged unlawful discrimination – claim to confidentiality – grounds for determining

Back to top

F

Freedom of expression – importance of – permissible restrictions – framework of analysis – Moonen or Hansen – Human Rights Act 1993, s 61 – Interpretation Act 1999, s 5 – New Zealand Bill of Rights Act 1990, ss 4, 5, 6, 14 and 19 – International Convention on the Elimination of All Forms of Racial Discrimination, 1965, Articles 4 and 5 – International Covenant on Civil and Political Rights, 1966, Article 19 – European Convention on Human Rights, 1950, Article 10

Back to top

G

Granting of remedies by High Court on reference from Tribunal – decision of High Court on remedies to be included and given effect to as part of Tribunal’s determination – Human Rights Act 1993, s 92T(5) and 92U(1)

Back to top

I

Immigration – prohibition on bringing of complaint under Human Rights Act 1993 in respect of content or application of Immigration Act 2009 or immigration instructions – whether prohibits also access to Tribunal – Human Rights Act 1993, s 92B – Immigration Act 2009, s 392

In-Court media coverage – camera in court – filming of witnesses while in court or giving evidence – filming of balance of proceedings – whether permitted – In-Court Media Coverage Guidelines 2012 – Human Rights Act 1993, ss 105(2)(b) and 107 – New Zealand Bill of Rights Act 1990, s 14

Indemnity costs – principles to be applied – Human Rights Act 1993, s 92L

Indirect discrimination – Part 1A claim – test – whether Human Rights Act 1993, s 65 a useful guide – Human Rights Act 1993, s 65

Interim order application – consent orders regarding provision of kosher food to prisoner – Human Rights Act 1993, s 95

Interim order application – interim orders against the Crown – jurisdiction to make – whether mandatory orders against the Crown can be made by Chairperson on interim order application – Human Rights Act 1993, s 95 – Crown Proceedings Act 1950, s 17

Interim order application – principles to be applied

Interim order application – provision of kosher food to prison inmate – terms of consent order – Human Rights Act 1993, s 95(1)

Interim order application – that the Ministry of Health reverse a direction to decline new referrals for Ministry-funded day services – that the Tribunal confirm that certain service users were eligible for needs-based referral for Ministry-funded day services – reference made to High Court – whether power to make interim order affected by reference to High Court – Human Rights Act 1993, ss 92R and 95

Interpretation – ambulatory approach – Interpretation Act 1999, s 6

Back to top

J

Jurisdiction – identifying the “complaint” lodged with the Human Rights Commission – certificate from Human Rights Commission – effect of – Human Rights Act 1993, ss 76(2)(a) and 92B

Jurisdiction – requirement of a complaint – notification of complaint to person complained against – whether jurisdiction of Tribunal confined to complaint as lodged with Human Rights Commission – Human Rights Act 1993, Part 3 and ss 75, 76 and 92B

Jurisdiction – strike-out application – claim statute barred – complaint about a judgment or other order of a court or an act or omission of a court affecting conduct of any proceedings – whether proceedings can be brought before Tribunal – Human Rights Act 1993, ss 79(3) and 92B(7)

Jurisdiction – Strike-out application – claim statute barred – New Zealand Public Health and Disability Act 2000, s 70E

Jurisdiction – whether Tribunal has jurisdiction in relation to New Zealand Bill of Rights Act 1990 and other statutes over and above its jurisdiction under the Human Rights Act 1993, Privacy Act 1993 and Health and Disability Commissioner Act 1994

Back to top

M

Media – access to Tribunal file – whether principle of open justice to be turned into an enforceable right to fair and accurate reporting – whether discretion to control access a discretion to control reporting by media – Human Rights Act 1993, ss 105, 107(1) and 108(1) – High Court Rules, Part 3, Subpart 2, rr 3.5 to 3.16

Mediation – confidentiality – rationale for duty of confidentiality – Human Rights Act 1993, ss 75, 83, 85, 86 and 89

Mediation – confidentiality – rationale of duty of confidentiality – significance to dispute resolution process under Part 3 Human Rights Act 1993 – significance of Tribunal’s power to refer complaint back to Human Rights Commission – Human Rights Act 1993, ss 75, 83, 85, 86, 87, 92D and 107(1)

Mediation – enforcement of terms of settlement agreed by parties – application of Contractual Remedies Act 1979 – Human Rights Act 1993, s 89

Back to top

N

Name suppression – disclosure of information regarding state of health – whether a highly personal matter – recognition of wish to maintain the confidentiality of that information – Human Rights Act 1993, s 107(3) and the Privacy Act 1993, s 89

Name suppression – open justice principle – countervailing interests – principles to be applied – relevance of confidentiality obligation in mediation context – relevance of interim order decision in determining whether final order to be made – public interest in knowing mediated settlements may be enforced by Tribunal – weight to be given to damage to political career and reputation – Human Rights Act, s 107(3)

Name suppression – open justice principle – interests of justice – principles to be applied – interpretation and application of s 107 Human Rights Act 1993 – meaning of “special circumstances” and “desirable” – summary of correct approach to applications for name suppression – Human Rights Act 1993, s 107(2) and (3)

Name suppression – plaintiffs unable to establish case – relevance of interests of family members – children as vulnerable persons with severe disabilities – Human Rights Act 1993, s 107(3)

Name suppression – principles to be applied – Human Rights Act 1993, ss 95(1) and 107(3)

Name suppression – principles to be applied – open justice principle – effect of recent Court of Appeal judgments – whether exceptional circumstances must be established to justify suppression – whether threshold high – Human Rights Act 1993, ss 95(1) and 107(3)

Name suppression – principles to be applied – plaintiff – witnesses – defendants – Human Rights Act 1993, s 107

Name suppression – protection of right to fair trial – whether right applies in context of civil proceedings – test for when right at risk – reconciling right to fair trial and freedom of expression – who to decide – powers of High Court compared with powers of Tribunal – Human Rights Act 1993, ss 95(1) and 107(3) – Human Rights Committee, General Comment No. 32 (Article 14: Right to equality before courts and tribunals and to a fair trial) (2007) at para [2]

Name suppression – interests of justice – relevance of delay by applicant – relevance of public interest where Pharmacy Council has placed conditions on plaintiff’s participation in the pharmacy industry requiring plaintiff to disclose to any employer that he is under investigation by a Professional Conduct Committee and that he must work under a Council-approved supervisor at all times – Human Rights Act 1993, ss 95(1) and 107(2) and (3) – Health Practitioners Competence Assurance Act 2003, s 3

 Name suppression – open justice principle – interests of justice – principles to be applied – interpretation and application of s 107 Human Rights Act 1993 – meaning of “special circumstances” and “desirable” – summary of correct approach to applications for name suppression – Human Rights Act 1993, s 107(2) and (3)

Name suppression – rescission of order where protection no longer sought

Non-Party access to Tribunal file – complaint referred back to Human Rights Commission for mediation – statutory attachment of confidentiality to mediation – effect on open justice principle and on media access to Tribunal file during mediation process – Human Rights Act 1993, ss 75, 83, 85, 86, 87, 92D and 107(1) – High Court Rules, Part 3, Subpart 2, rr 3.13 and 3.16

Non-Party access to Tribunal file – law to be applied – application by media – Human Rights Act 1993, ss 105, 107(1) and 108(1) – High Court Rules, Part 3, Subpart 2, rr 3.5 to 3.16

Non-party access to Tribunal file – law to be applied – Human Rights Act 1993 ss 105, 107(1) and 108(1) – High Court Rules, Part 3, Subpart 2, rr 3.5 to 3.16

Non-party access to Tribunal file – law to be applied – whether principle of open justice to be turned into an enforceable right to fair and accurate reporting – whether discretion to control access a discretion to control reporting by media – Human Rights Act 1993, ss 105, 107(1) and 108(1) – High Court Rules, Part 3, Subpart 2, rr 3.5 to 3.16

Non-Party – application to appear and to call evidence by person with interest in the proceedings greater than the public generally – factors to be taken into account – Human Rights Act 1993, s 108

Non-party – whether jurisdiction for Tribunal to provide plaintiff with information about defendant and aggrieved person – Human Rights Act 1993, s 115

Non-party – whether jurisdiction to compel non-party to provide the residential address or phone number of a potential witness or of his or her counsel – information privacy Principle 11(e)(iv)

Back to top

O

Ombudsmen – whether Tribunal has jurisdiction to hear complaints against – whether Tribunal an inferior court – Ombudsmen Act 1975, s 25

Order removing proceedings to High Court | 20 November 2017

order removing proceedings to High Court | 20 November 2017

Back to top

P

Part 1A – alleged breach – analytical framework – Hansen test – discrimination test – comparator – justified limitations test – Human Rights Act 1993, ss 19 and 20L – New Zealand Bill of Rights Act 1990, s 6

Particulars - duty of plaintiff to provide - requirements

Police – no enactment giving Police the power to sue or enabling it to be sued – whether Attorney-General appropriate Crown defendant – Crown Proceedings Act 1950, s 14(2)

Back to top

R

Race – ethnic or national origins – discrimination - whether established on the facts – Human Rights Act 1993, s 21(1)(f) and (g)

Racial disharmony – history of provision – whether under ICERD 1965 and ICCPR 1966 right to be free from hate speech and right to freedom of expression absolute rights – permissible restrictions – framework of analysis – Moonen or Hansen – meaning of "insult", "contempt" and "likely" – whether an objective test – Human Rights Act 1993, s 61 – Interpretation Act 1999, s 5 – New Zealand Bill of Rights Act 1990, ss 4, 5, 6, 14 and 19 – International Convention on the Elimination of All Forms of Racial Discrimination, 1965, Articles 4 and 5 – International Covenant on Civil and Political Rights, 1966, Article 19 – European Convention on Human Rights, 1950, Article 10

Racial harassment – elements to be established – vicarious liability –Human Rights Act 1993, ss 63 and 68

Racial harassment – remedies – damages – assessment of – restraining order – training order – Human Rights Act 1993, s 92I(3)(b), (c) and (f)

Recall of decision once sealed and published – whether jurisdiction – Human Rights Act 1993, ss 104 and 105 – Interpretation Act 1999, ss 13 and 16

Referral of complaint back to Human Rights Commission – Human Rights Act 1993, s 92D

Religion – religious liberty as a collective right – International Covenant on Civil and Political Rights, Article 18 – New Zealand Bill of Rights Act 1990, ss 13, 15 and 20

Referral of complaint back to Human Rights Commission – mediation – proceedings under Part 1A alleging statutory provision imposes unlawful limitation on freedom from discrimination – application by Ministry of Social Development – MSD having previously refused to mediate – whether referral to HRC appropriate to assist parties to prepare for litigation before Tribunal – advancing age of plaintiffs – whether referral will contribute constructively to resolving the complaint or be in the public interest – Human Rights Act 1993, s 92D(1)

Referral of complaint to Human Rights Commission – mediation – opposition by one party – duty of Tribunal to consider whether attempt made to resolve the complaint – Human Rights Act 1993, s 92D(1)

  • TSR v Commissioner of Police (Application for Referral Back to Human Rights Commission) [2015] NZHRRT 9

Religion – right to manifest – observance of the Sabbath – International Covenant on Civil and Political Rights, Article 18 – Human Rights Committee General Comment No. 22 – New Zealand Bill of Rights Act 1990, ss 13 and 15

Religion – whether court or tribunal should determine ecclesiastical disputes where matters of faith or doctrine at issue – doctrine of Anglican Church on Christian marriage – sexual orientation and the ordination of deacons and priests

Remedy – breach of mediation settlement – factors to be taken into account – Human Rights Act 1993, ss 92B(4) and 92I

Remedy – declaration – whether to be denied – Human Rights Act 1993, s 92I(3)(a)

Remedy – humiliation, loss of dignity and injury to feelings – quantum – assessment of – Human Rights Act 1993, ss 92I(3)(c) and 92M(1)(c) – Prostitution Reform Act 2003, s 3

Remedy – Part 1A – enactment in breach of Part 1A – whether declaration of inconsistency to be withheld – whether need for extremely strong reasons – claim of political character – whether reason for withholding declaration – Human Rights Act 1993, ss 20J(1) and 92J(4) – New Zealand Bill of Rights Act 1990, s 4

Remedy – restraining order – whether to be made – Human Rights Act 1993, s 92I(3)(b)

Remedy – training order – whether to be made – Human Rights Act 1993, s 92I(3)(f)

Removal to High Court of proceedings – leave of High Court required – procedure for obtaining – Human Rights Act, s 122A

Required standard of care – duties at common law – whether patient has right to demand services

Required standard of care – duty of health care provider to exercise reasonable care and skill – whether duty to decline to provide services if provision of services sought beyond experience and skill levels – Human Rights Act 1993, s 21(1)(h)(ii) – Code of Health and Disability Services Consumers’ Rights, Right 4

Back to top

S

Service of statement of claim – defendant member of Parliament – Parliamentary Privilege Act 2014 – Human Rights Review Tribunal Regulations 2002, regs 12 and 13 – 2014 Standing Orders, Orders 409 and 410(c)

Setting aside decision – defendant not given notice of proceedings or of date of hearing – jurisdiction to set aside – miscarriage of justice – Human Rights Act 1993, s 105 – Human Rights Review Tribunal Regulations 2002, regs 12, 13, 18 and 19(3) – High Court Rules, r 15.10

Sexual harassment – elements to be established – use of language of a sexual nature – unwelcome or offensive to that person – either repeated or of such a significant nature – that it has a detrimental effect – employment – employer – vicarious liability – Human Rights Act 1993, ss 2, 62 and 68

Sexual harassment – employment – credibility of plaintiff – Human Rights Act 1993, s 22

Sexual harassment – employment – harassment by customer or client – whether breach of Act – Human Rights Act 1993, ss 62(2) and 69

Standard of behaviour to be observed by litigants – opposing party behaving in threatening manner – whether counsel can be allowed to participate by AVL – appropriate standard of behaviour to be observed by litigants – Human Rights Act 1993, s 104(5) – Courts (Remote Participation) Act 2010, ss 5 and 7 – Evidence Act 2006, ss 102 to 105

Standing – plaintiff not the victim of alleged sexual harassment – proceedings not brought with knowledge or consent of alleged victim – person aggrieved refusing to cooperate with plaintiff in bringing of claim – whether aggrieved person to be advised of opportunity to be heard under s 108 Human Rights Act 1993 – whether direction to be given that aggrieved person to be served with statement of claim as precursor to exercising right to apply under s 108 – Human Rights Act 1993, s 108

Standing – whether a standing requirement before Human Rights Commission or Human Rights Review Tribunal – whether necessary for plaintiff to have personally suffered discrimination or to be acting on behalf of a person who has suffered discrimination – whether any person may complain of discrimination – importance of power to strike out where proceedings trivial, vexatious or not brought in good faith

Statement of claim – requirement to be in correct form – informal application – discretion to determine proceedings commenced by – whether plaintiff must be entitled to bring the intended proceedings – whether proceedings brought under Human Rights Act 1993 can be used to make claim under Privacy Act 1993 – Privacy Act 1993, s 83 – Human Rights Review Tribunal Regulations 2002, regs 5, 7, 8, 9, 10 and 11

Statutory interpretation – primary principle of interpretation – whether meaning of text to be cross-checked against purpose – whether regard to be had to the immediate and general legislative context – relevance of New Zealand’s international obligations – whether a presumption Parliament does not intend to legislate contrary to those obligations – Interpretation Act 1999, s 5

Strike-out application – claim statute barred – New Zealand Public Health and Disability Act 2000, s 70E

Strike-out application – no arguable case – abuse of process – vexatious – not brought in good faith – meaning of – Human Rights Act 1993, s 115 – High Court Rules, r 15.1

Strike out application – proceedings fundamentally misconceived – statement of claim prolix and unintelligible to degree impossible for defendants to respond – no realistic prospect of plaintiff establishing a viable cause of action – Human Rights Act 1993, s 115

Strike out application – principles to be applied – matter not the subject of complaint to the Human Rights Commission – jurisdiction – Human Rights Act 1993, ss 76(2)(a) and 92B

Strike out application – principles to be applied – statutory scheme for making complaints and bringing proceedings – whether person aggrieved must articulate with reasonable clarity what complaint is – whether no arguable cause of action – failure of pleadings to disclose cause of action – Human Rights Act, ss 76(2)(a) and 92(b)

Strike-out application – principles to be applied – whether proceedings clearly untenable in law – whether jurisdiction to be exercised sparingly – Human Rights Act 1993, ss 63 and 65

Strike-out application – re-litigation of issues previously determined by courts – abuse of process – Human Rights Act 1993, s 115

Strike-out – jurisdiction – principles – Human Rights Act 1993, s 115 – High Court Rules, r 15.1

Strike out – jurisdiction – whether extends to abuse of process – proceedings seriously and unfairly burdensome, prejudicial or damaging or productive of serious and unjustified trouble and harassment – requirements of statement of claim – whether jurisdiction to dismiss to be used sparingly – fundamental importance of right of access to courts – whether necessary or appropriate to assume truth of pleaded allegations where statement of claim prolix, unintelligible and an abuse of process – whether there can be more than one strike out application – Human Rights Act 1993, ss 105 and 115 – Human Rights Review Tribunal Regulations 2002, reg 4 – Interpretation Act 1999, s 16 – High Court Rules, r 15.1

 New Zealand Parole Board | The Privacy Act 1993 | 31 October 2017

Strike-out application | Date of Decision 02 November 2017

Back to top

V

Victimisation – whether arguable case – strike-out application – Human Rights Act 1993, ss 66 and 115

Victimisation – whether on the ground plaintiff had made use of his rights under the Human Rights Act – Human Rights Act s 66

Back to top

W

Witness summons – application for – whether opposing party has right to be heard on application – control of abuse and wrongful use of subpoenas – “will say” statement – Human Rights Act 1993, ss 109, 110 and 111 – High Court Rules, r 9.52

Witness summons – control of abuse and wrongful use of subpoenas – Human Rights Act 1993, ss 109, 110 and 111

Witness summons – subpoena duces tecum – witness summons requiring production of papers, documents, records or things – Human Rights Act 1993, ss 106(1)(a), (b) and (c) and 109 – High Court Rules, r 9.52

Back to top