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Human Rights Law

Mel Cousins

Selected Works

2015

Off-benefit rule

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The Right To Freedom From Discrimination: Child Poverty Action Group V Attorney General, Mel Cousins Dec 2014

The Right To Freedom From Discrimination: Child Poverty Action Group V Attorney General, Mel Cousins

Mel Cousins

This case comment examines recent jurisprudence concerning the right to freedom from discrimination under the New Zealand Human Rights Act (HRA) and Bill of Rights Act (NZBORA). In particular, it examines the ruling of the Court of Appeal in Child Poverty Action Group (CPAG) v Attorney General, and also considers relevant aspects of the decisions in Ministry of Heath v Atkinson and Attorney General v IDEA Services. These three decisions have marked an important step forward in the interpretation of the human rights provisions by the New Zealand courts. Following an introduction to the issues raised in the CPAG case …