Legal Interventions, Submissions and
International Reporting
Overview
The Commission makes submissions for law
and policy makers at all levels on the human
rights impacts of proposed legislation and
policy. We also have functions under the Human
Rights Act to appear and make submissions
as an intervener in court cases that have
implications for human rights in New Zealand,
and to monitor New Zealand’s obligations and
reporting under international human rights
treaties and instruments. The Commission also
participates in these international processes in
our capacity as New Zealand’s A-status National
Human Rights Institution under the UN Paris
Principles.
the Commission appeared as an intervener,
and applied the Commission’s submissions
throughout its judgment. The Commission also
had intervention applications approved in cases
regarding the human rights duties of the state
regarding climate change mitigation (Smith v
Attorney-General – Court of Appeal ) and the
regional migrant worker scheme (Soapi v Pick
Hawkes Bay Ltd – Employment Court). These
cases will be heard during the next financial
year. The Commission also participated as an
interested party in initial stages of the Waitangi
Tribunal’s WAI3060 Justice System Kaupapa
Inquiry.
Legal interventions
Submissions
The Commission intervened in a broad range of
important human rights cases that were heard
or determined over the course of the 2022/23
financial year. The Commission appeared as an
intervenor in significant court cases regarding
the compulsory assessment and treatment
regime under the Mental Health Act (Gordon
v Attorney-General – High Court), the human
rights implications of the government funding
policy regarding family care of adult disabled
people (Attorney-General v Fleming – Court of
Appeal), the climate change responsibilities of
large businesses (Smith v Fonterra – Supreme
Court) and assisted the courts with submissions
regarding human rights interpretation in
complex criminal justice matters (Chisnall v
Attorney-General - Supreme Court and New
Zealand Parole Board v Attorney-General - High
Court). In December 2022, the Supreme
Court issued its judgment in the landmark
freedom of expression case of Moncrief-Spittle
v Regional Facilities Auckland Ltd, in which
Over the 2022/23 year the Commission issued
several submissions to Parliamentary select
committees and government agencies on Bills
and proposed policy reforms. These covered
a wide array of public policy activity and
legislative reform, such the Accessibility for New
Zealanders Bill, the Second Independent Review
on Intelligence and Security Act, the review
of the Corrections Act 2004 and Corrections
Regulations 2005, the Law Commission
Review of Adult Decision-Making Capacity Law,
Immigration (Mass Arrivals) Amendment Bill,
Electoral (Māori Electoral Option) Bill, the HUD
draft Code of Practice for Transitional Housing,
the Natural and Built Environment Bill, the
Declaration of Inconsistency by the Supreme
Court in the Make it 16 v Attorney General case
regarding the voting age, and the review of the
Code of Health and Disability Services Consumer
Rights.
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