Moody v Chamberlain
In March 2019, the Chief Judge of the Employment Court directed service
of proceedings on the Commission to intervene in Moody v Chamberlain,
an important case regarding the funded family care policy and the
practice of the Ministry of Health to allocate the disabled person as the
legal ‘employer’ of his or her support providers. The funded family care
area is one in which the Commission has been active and provides an
opportunity to further develop CRPD-related jurisprudence in the New
Zealand courts. The case was expected to be heard before a full bench of
the Employment Court in late August 2019 but has settled.
Axiomatic v Auckland Council
The Commission successfully applied to intervene in the case of
Axiomatic v Auckland Council. This case was brought by the Free Speech
Coalition and concerns a challenge against a decision by Auckland
Council-related entities to cancel a booking made for the purpose of
hosting a speech by Canadians Stephan Molyneux and Lauren Southern.
The case involves important questions of law regarding the right to
freedom of expression under the New Zealand Bill of Rights Act. It was
heard in the Auckland High Court in September 2019.
Lan Chen v R
The Commission participated in the Court of Appeal in Lan Chen v R,
a case that considered the sentencing tariffs established in Fatu v R
for methamphetamine-related offences. The Commission provided
the Court with a submission concerning a human rights approach to
interpreting and applying sentencing legislation.
Hines & Jacobs v Attorney-General
This case regards an application under the Human Rights Act for a
declaration that the provisions of the Education Act 1964 allowing
state primary schools to hold religious instruction and observances are
inconsistent with the right to freedom from discrimination. The case is in
the case management stage in the Auckland High Court. The Commission
continues to participate as an intervener.
Annual Report 2019
49