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Article
The right to freedom from discrimination: Child Poverty Action Group v Attorney General
New Zealand Family Law Journal (2015)
  • Mel Cousins
Abstract
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 (section 1), the comment examines the approach taken to the interpretation of the law on the right to freedom from discrimination including the meaning of discrimination, disadvantage, the appropriate comparators, and the approach to justification (section 2). Finally, we discuss the approach adopted by the New Zealand legislature (as interpreted by the courts) comparing this to equality guarantees in other jurisdictions including Canada which formed an important inspiration for the New Zealand approach.
Keywords
  • Humn rights,
  • non-discrimination,
  • off-benefit rule,
  • whether justified
Publication Date
2015
Citation Information
Mel Cousins. "The right to freedom from discrimination: Child Poverty Action Group v Attorney General" New Zealand Family Law Journal Vol. 8 Iss. 5 (2015)
Available at: http://works.bepress.com/mel_cousins/77/