Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


Tribunal finds ACC inconsistent w Bill of Rights

Human Rights Commission
Media Release
Monday, 19 May,

Tribunal finds ACC inconsistent with Bill of Rights

A human rights tribunal ruling has found that a section of Accident Compensation law is inconsistent with the right to freedom from discrimination as affirmed in the New Zealand Bill of Rights Act, 1990.

If unchallenged, the decision means the Minister for Accident Compensation Maryan Street will have to report to Parliament on how to address the inconsistency.

The decision was in response to a claim by plaintiff John Howard before the Human Rights Review Tribunal in Wellington on 15 May.

Mr Howard suffered an arm injury that required weekly compensation and vocational rehabilitation. When he became eligible for superannuation weekly compensation halted. Mr Howard had no issue with that, but maintained that he should continue to receive vocational rehabilitation. He felt the end of vocational rehabilitation hampered his ability to seek further work and constituted discrimination on the grounds of his age.

This is the first time that the Tribunal has made a declaration of inconsistency since the Human Rights Act was amended to allow them in 2001.

In welcoming the decision Chief Human Rights Commissioner Rosslyn Noonan said, “This decision is a landmark in human rights law in that it shows how any New Zealander can challenge legislation they believe to be discriminatory and impacts upon them adversely.”

The decision concludes, “We are satisfied that the challenged legislation (s.85 and cl.52 of the Injury Prevention Rehabilitation and Compensation Act 2001) is inconsistent with the right to freedom from discrimination affirmed by section 19 of the New Zealand Bill of Rights Act 1990 and is not within any reasonable limit to that freedom as can be demonstrably justified in a free and democratic society.”

The Human Rights Review Tribunal hears human rights cases and is the jurisdictional equivalent of a district court. The Crown has the right to appeal the decision.


ENDS

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Two Dead, One Injured – Suspect Arrested:

Police apprehended Russell John Tully just after 5pm this evening following the armed incident in Ashburton this morning.

Canterbury dog section and AOS apprehended Tully not far from Lake Hood. No shots were fired although Tully will be treated for minor dog-bite injuries.

Tully is now in custody at Ashburton Police Station. More>>


  • 3 News Out-Link - Livestream: Ashburton shooting press conference from 5pm

  •  

    Parliament Today:

    John Key Press Conference: Ashburton Shootings, Judith Collins Inquiry

    Prime Minister John Key has delayed the release of Nationals’ fiscal policy in light of this morning’s shooting at a Work and Income office in Ashburton... Key also answered questions about Judith Collins, and confirmed that independent inquiry will be held with regard to allegations made against Collins. More>>

    Gordon Campbell:
    On John Key’s ‘Blame It On Judith’ Strategy

    Right now, Prime Minister John Key seems intent on limiting the scope of any inquiry into his government’s dealings with Cameron Slater. The declared aim is to make that inquiry solely about Judith Collins’ behavior with respect to the Serious Fraud Office. More>>

    ALSO:

    Gordon Campbell: On The Debate, And The Collins Accusation

    Debating is a peculiar discipline in that what you say is less important than how you’re saying it. Looking poised, being articulate and staying on topic generally wins the day – and on that score, Labour leader David Cunliffe won what turned out to be a bruising encounter with Prime Minister John Key last night on TVNZ. More>>

    ALSO:

    Gordon Campbell: On Winston Peters' Latest Bout Of Immigrant Bashing

    It is only one poll, but rather than cannibalising each other's vote, Colin Craig and Winston Peters do seem to be managing to find the room to co-exist... Few are questioning how Peters got to this happy place, and what it says about the mood of the electorate. More>>

    ALSO:

    More Immigration News: First People Trafficking Charges

    The first people trafficking charges in New Zealand have been brought by Immigration New Zealand (INZ)... The defendants have been charged under the Crimes Act 1961 for arranging by deception the entry of 18 Indian nationals into New Zealand. More>>

    Collins 'Misinterprets Media Reports': "Too Compromised To Remain Justice Minister"

    Bizarre claims by Judith Collins this morning that she had been cleared of inappropriate behaviour by the Privacy Commissioner demonstrates she is too compromised to remain Justice Minister, Labour MP Grant Robertson says. More>>

    ALSO:

    Labour On Climate Change: Focus On The Now For The Future

    A Labour Government will put in place a comprehensive climate change strategy focusing on both mitigation and adaptation, establish an independent Climate Commission and implement carbon budgeting, says Labour Climate Change spokesperson Moana Mackey. More>>

    ALSO:

    Gordon Campbell: On National’s Housing Assistance Plan

    So, as many as 90,000 people could derive some benefit from National’s housing assistance plans for low and middle-income earners... Yet in reality, the benefits seem likely to be insignificant, and they will be skewed towards those at the top end of the income group that’s supposedly the target. More>>

    ALSO:

    Election Data Consortium: National’s Worst Case Scenario At Stage One?

    A month out from the general election and ipredict traders are still forecasting National’s vote to slip below current polling levels and there is potential for it to fall further. More>>

    ALSO:

    Get More From Scoop

     

    LATEST HEADLINES

     
     
     
     
     
     
     
     
    Politics
    Search Scoop  
     
     
    Powered by Vodafone
    NZ independent news