Legal Interventions
Wawaotanga ä-Ture
The Commission has a long and successful history of applying to the
Courts to participate in legal cases that have significant human rights
implications. Under statute, the Commission has an automatic right to
appear in cases before the Human Rights Review Tribunal (HRRT). In
other jurisdictions, the Commission relies on section 5(2)(j) of the Human
Rights Act to apply to the court to appear as an intervener in proceedings
that will assist the Commission to carry out its functions of advocating
for, and promoting, human rights. During 2018/19 the Commission was
involved in six legal cases in its capacity as intervener.
Attorney-General v Taylor
The Supreme Court judgment in Attorney-General v Taylor was issued on
9 November 2018, following a hearing that took place in March 2018.
The judgment dismissed the Attorney-General’s appeal and confirmed
that the higher courts have the jurisdiction to issue a declaration of
inconsistency in respect of statutes that breach the New Zealand Bill of
Rights. In doing so, it constituted a landmark constitutional and human
rights law judgment. The Commission played an important role in both
the Court of Appeal and Supreme Court stages of the proceeding in
advancing arguments in favour of the remedy and assisting the Courts
with analysis of relevant human rights jurisprudence and international
human rights obligations.
Wai 2870 – Mäori prisoners’ voting rights
inquiry
The Commission made its first legal intervention in the Waitangi Tribunal.
The Commission made submissions and appeared before the Tribunal
in respect of Wai 2870, an urgent inquiry by the Tribunal into Mäori
prisoners’ voting rights. The Tribunal’s findings were released in August
2019 and reflected the submissions made by the Commission.
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Human Rights Commission