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

Gordon Campbell: On The Ch-Ch-Changes At IRD

job cuts aren’t happening at the IRD, exactly. Instead, there’s apparently a ‘transformation’ in store, and jobs won’t be axed ; no, they will be ‘transformed’ before our eyes into… non-jobs, if you happen to be among the unlucky legion of 1,900 who are being lined up for transformation, which seems to work rather like a secular version of the Rapture.

Except that at IRD, not even your shoes will be left behind. More>>

 

Christchurch Mental Health: Hospital Too 'Awful' For Reviewers To Visit

Jonathan Coleman has to stop the stalling over a new building for mental health services in Christchurch to replace the quake damaged Princess Margaret Hospital, says Labour’s Health spokesperson David Clark... More>>

ALSO:

Greens Call For Govt Action: Children Sick Because Of NZ Housing

The Royal Australasian College of Physicians president-elect said today that children with preventable respiratory illnesses are being re-admitted to hospital because they're being sent back to cold, damp homes. More>>

ALSO:

Less Tax Cut, More Spending: Labour Launches Fiscal Plan

“Labour will invest $8 billion more in health, $4 billion more in education and $5 billion more for Kiwi families through Working for Families, Best Start and the Winter Energy Payment than the Budget 2017 projections for the forecast period.” More>>

ALSO:

Gordon Campbell: On The Greens’ Room For Political Pragmatism

The Greens here are currently being criticized by the commentariat for not making the same kind of pragmatic choices that sunk the Democrats in Australia. More>>

Gordon Campbell: On Being Humane About Welfare, Child Support, And Tax

It made for an unusual Venn diagram, but Greens co-leader Metiria Turei and Finance Minister Steven Joyce were briefly sharing some common elements this week in the set that says – hey, don’t use the powers of the state in ways guaranteed to make the system you’re trying to defend worse, not better. More>>

ALSO:

 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

Featured InfoPages

Opening the Election