Increased observance of procedural safeguards by decision makers
when exercising their legislative, oversight and public sector
management responsibilities
Children’s Action Plan: The Commission has made recommendations
to the Information Sharing Agreement for Improving Public Services
for Vulnerable Children (AISA) which provides clarity and certainty
about what information about vulnerable children and their families
Government agencies can share, for what reasons and with whom. The
Vulnerable Children’s AISA has now passed into law, with a number of
recommendations from the Commission reflected in the final order.
The Commission facilitated several high-level meetings on protection
for human trafficking victims with senior representatives from Ministry
of Justice, MBIE, the Police, Help Auckland, Human Rights Foundation
and the Pohutukawa Clinic. Action points included working with the
inter-agency group on human trafficking and exploring the opportunity
for education and awareness of trafficking in the provider sector. It also
included ACC adapting its model of care for victims of sexual violence to
cover human trafficking victims.
The Commission continued to have significant impact when participating
in legal proceedings, appearing as an “intervener” in several major
human rights-related legal cases over the past year. In February 2016
the Commission participated in Spencer v Attorney-General, a case
arising from the long-running “parents as caregivers” litigation begun by
family members of adult disabled children. The High Court subsequently
awarded Margaret Spencer more than $200,000 in damages to
compensate her for losses arising from the Ministry of Health’s
discriminatory practice of refusing to pay family members for providing
care to disabled adults. Of particular significance, the Court also accepted
the Commission’s submission that a training order should be made under
the Human Rights Act and directed that the Ministry of Health should
educate its officers on the importance of the human rights of disabled
persons and their caregivers.
In March 2016 the Human Rights Review Tribunal released its decision
in the case of Adoption Action v Attorney General. The Tribunal issued
a declaration of inconsistency holding that a number of provisions of
the Adoption Act 1955 were inconsistent with the New Zealand Bill of
Rights Act 1990. These included provisions relating to the position of
sole male applicants, civil union partners and same sex de-facto couples,
consent of disabled parents and age limits. The Tribunal specifically noted
the significant role the Commission, through its counsel, played at the
hearing and the invaluable assistance provided.
In addition, the Commission also successfully applied to intervene in
a number of cases including proceedings related to the teaching of
religious instruction in schools and contract pay rates for midwifery
providers.
Annual Report 2016
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