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. 27

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