BJR v VMR
This case involved judicial review proceedings under the Protection
Personal and Property Rights (PPPR) Act. The purpose of the
Commission’s intervention was to ensure that the concept of supported
– as opposed to substitute – decision making (as found in the United
Nations Convention on the Rights of Persons with Disabilities) and its
relationship to the PPPR Act were considered by the Court.
During 2013−14, a number of judgments in cases where the Commission
had intervened were received. These included:
Spencer v Ministry of Health
The Commission intervened in the High Court, representing people who
had complained about the Ministry’s policy of not paying family members
to care for their disabled adult children. The High Court found that the
Ministry acted unlawfully.
It upheld the rights of disabled people and their families to seek
compensation.
The decision is currently being appealed by the Ministry.
Service and Food Workers Union v Terra Nova Homes
The Employment Court was asked to consider the interpretation of
a provision of the Equal Pay Act 1972. It found the appropriate
comparator was whether men were paid to do the same work as
women (based on the skills, conditions and effort required and systemic
undervaluation of the work as a result of historic gender discrimination).
The decision was appealed and a decision from the Court of Appeal is
expected shortly.
Child Poverty Action Group Inc v Attorney-General
The Commission intervened before the Court of Appeal on the
appropriate test for discrimination in legislation relating to the ability to
access the Child Tax Credit as part of the Working for Families package.
The Court found the legislation was discriminatory, but justifiable.
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