New Zealand
Refugee Appeal No 71427/99, (August 16, 2000)
Refugee Status Appeals Authority
Keywords: Other
Brief Summary:Appellant, a citizen of Iran, applied for refugee status on the "grounds of religion, political opinion and membership of a particular social group." The question before the court was whether discrimination on these grounds constituted persecution.
CEDAW: CEDAW and other conventions were used as a means of defining discrimination and persecution. Additionally, the court recognizes that these conventions do "not permit social, cultural or religious practices in a country of origin from escaping assessment according to international human rights standards."
Mendelssohn v. Attorney-General, (May 4, 1999)
Court of Appeal, Wellington
Keywords: Discrimination-Religion; Other
Brief Summary: Case centered on a freedom of religion claim; the appellant claimed that his right to freedom of religion required an affirmative act of the part of the state. The Court held that it did not.
CEDAW: The court contrasted the freedom of religion with other rights (such as those contained in CEDAW). While human rights, such as those of equality afforded to women, required the state to take affirmative acts to effectuate those rights, the freedom of religion was premised on the state not taking action.
Full Text (LEXIS ONLY)
Quilter v. Attorney-General, (December 17, 1997)
Court of Appeal
Keywords:Discrimination-Sexual Orientation; Other
Brief Summary: Case alleged discrimination as concerns gay marriage; appellants complained that the Registrar refused to accept their notices of intended marriage. The Registrar claimed that the Marriage Act did not provide for same-sex marriage and the court agreed. The appellant appealed and the court ultimately dismissed.
CEDAW: The Court used CEDAW as a reference in oder to define "discrimination" and the legal obligations that result therefrom.
Full Text (LEXIS ONLY)
Northern Regional Health Authority v. Human Rights Commission, (July 9, 1997)
High Court, Auckland
Keywords: Other
Brief Summary: The case concerned a provision of the Health and Disability Services Act which discriminated against medical practitioners who had not received their training in New Zealand.
CEDAW:CEDAW is referenced by the court in its attempt to define discrimination.
Full Text (LEXIS ONLY)
G v. G, (October 15, 1996)
High Court, Auckland
Keywords: Domestic Violence
Brief Summary: This was originally a domestic violence case. The victim, in a civil suit, was awarded exemplary damages in the amount of $85,000 as a result of the trauma and post-traumatic stress disroder from which she thereafter suffered. The defendant appealed.
CEDAW: In denying the appeal, the court declared that women were entitled to the equal protection and enjoyment of "all human rights and fundamental freedoms in the political, economic, social, cultural, civil, or any other field" as guaranteed under several international conventions, including CEDAW.
Full Text (LEXIS ONLY)
New Zealand Van Lines Ltd v. Proceedings Commissioner, (August 3, 1994)
High Court, Rotorua
Keywords: Discrimination-Gender/Sex, Employment
Brief Summary: Originally a sexual harassment claim, appellant objected to an order from the court requiring appellant's company prevent sexual harassment and to implement an anti-sexual harassment policy program.
CEDAW: The complaint arose under the Human Rights Commission Act 1977. CEDAW was offered by the respondent as a document relevant to the interpretation of the Act. The court held that CEDAW was irrelevant in this case as the Act predated the ratification of CEDAW.
Full Text (LEXIS ONLY)
Coburn v. Human Rights Commission, (June 3, 1994)
High Court, Auckland
Keywords: Discrimination-Gender/Sex, Marital Status; Other
Brief Summary: The court examined whether a particular retirement benefits scheme was discriminatory within the meaning of the Human Rights Act 1993.
CEDAW: CEDAW mentioned as relevant in determining the meaning of the Human Rights Act 1993.
Full Text (LEXIS ONLY)