Changing trends
The number of unlawful discrimination complaints received by the
Commission has remained fairly constant in recent years. However,
the total number of enquiries and complaints received by the
Commission is showing a downward trend. Specifically, there are fewer
instances of people registering concerns through the Commission’s
Infoline; that is people who wish to draw attention to a human rights
concern but are not seeking for the Commission to intervene. In light
of this, the Commission is undertaking an assessment of the impact of
social media commentary on its enquiries and complaints service and
the numbers of people that are opting to raise human rights concerns
by posting comments online on Facebook and Twitter.
The performance of the enquiries and complaints service, including its
success in meeting identified standards regarding timeliness, quality and
customer satisfaction is described in detail in the Statement of Service
Performance section of this report.
Legal interventions
The Commission intervened in a number of cases during the period,
promoting greater application of human rights standards in law, policy
and practice:
Waters v Alpine Energy Limited (Discovery)
The Commission intervened in an interlocutory matter relating to the
informal discovery of documents in a case alleging age discrimination
in employment.
The issue under appeal, whether a claim to confidentiality should
be allowed to shield allegedly discriminatory acts from investigation,
is considered by the Commission to be a significant matter.
Quake Outcasts (Minister for Canterbury Earthquake Recovery v
Fowler Developments Limited)
The Commission intervened in this case before the High Court,
Court of Appeal and Supreme Court. The High Court found that offers
made to the Quake Outcasts were unjust and the decision to red zone
properties in Canterbury was unlawful. It affirmed the use and
enjoyment of one’s home as a fundamental human right. The Court
of Appeal overturned the finding that the creation of the red zone
was illegal but otherwise upheld the High Court. The Supreme Court
granted the Quake Outcasts and Fowler Developments leave to appeal
and for the Commission to intervene.
Adoption Action Inc v Attorney-General
The Commission was a party in this case relating to discriminatory
aspects of the Adoption Act 1955.
Annual Report 2014
31