Human Rights Commission

Malcolm Harbrow from No Right Turn on Labour’s rape law changes

Malcolm Harbrow from No Right turn is a nasty spiteful hard left acolyte, but occasionally he stumbles in the right direction.

Today he lambasts Labour for proposing to overturn our Bill of Rights and remove the presumption of innocence and the onus of proof onto the defence in rape cases.

This clearly violates the presumption of innocence affirmed in the Bill of Rights Act (not to mention the Universal Declaration of Human RightsICCPR, and every other major human rights instrument). Under that presumption, the state has to prove each and every aspect of its case (“the burden of proof is on he who declares, not on he who denies”). That’s clearly not the case under Labour’s proposal.

Our Supreme Court has already found that the presumption of supply in the Misuse of Drugs Act violates the Bill of Rights Act for exactly these reasons. They will draw exactly the same conclusion about this proposal – as will the UN Human Rights Commission.

I accept that rape cases are difficult to prove. This change will make them remarkably easier. If Labour gets its way, there will be a lot more convictions for rape. And a lot more of them will be of innocent people. We presume innocence because we believe it is far better for the guilty to go free than for the innocent to be punished. Labour clearly does not believe that any more.    Read more »

Human Wrongs Commission makes a mess of it again

RNZ reports:

The Sunday Star Times is being accused of sensationalising and impeding race relations.

Its reporting of of an Asia New Zealand Foundation survey has been criticised by the Human Rights Commission.

The Foundation’s research showed 44 percent of Maori polled thought New Zealanders felt less warm towards people from Asia. But the newspaper’s headline for the story read: ‘Maori dislike of Asian immigration deepens’.

Indigenous Rights Commissioner Karen Johansen said a complaint has been sent to the Sunday Star Times, and a meeting had been sought with the editor. She said when she saw the article, she could not believe what she was reading.

Karen Johansen said she read it three times and was left with the impression it was inaccurate.

The Human Rights Commission pointed out that some of New Zealand’s first pioneers came from China. It said Asian New Zealanders did not arrive yesterday, and they have been an integral part of the nation since its birth.

So let me get this right.  The Sunday Star Times reports a poll that shows that  more Maori feel badly about Asians now than during a previous period, and the Human Wrongs Commission wants a paper not to report the actual results?

What did the article actually say? Read more »

Labour wants to tax ISPs, watch them tax you in return with higher charges

Labour continue to show what a bunch of muppets they are with their ICT policy that was inadvertently leaked to National showing they want to tax ISPs.

It shows their complete lack of business acumen. They are suggesting a tax on the entire internet via ISPs.

Any cost lumped onto a business like an ISP is simply going to be passed straight onto the customer leading to higher charges.

Telecom is bristling at the suggestion Labour could impose a “content levy” on internet providers.

Labour was left red-faced today after MP Clare Curran’s ideas on ICT policy were accidentally emailed to her National Party counterpart, Communications Minister Amy Adams.

These include imposing a revenue-based levy on telecommunications carriers to create a contestable fund to support the “creation and accessible distribution of New Zealand digital content”.

Another suggestion is a “digital bill of rights” policed by the Human Rights Commission that would “guarantee a citizen privacy”.

Curran, who is associate communications and information technology spokeswoman and Labour’s spokeswoman on “open government”, said the ideas titled “ICT Policy Framework 2014” were sent to Adams’ office this morning. She did not personally send the email, she said.   Read more »

#MANBAN “a very clear breach” of the Human Rights act

A bar in Ponsonby Auckland feels things are getting too blokey, and would like to address that by getting some more female bar staff.  Turns out, offering a job with a predetermined intent to avoid employing one gender over another is against the Human Rights Act.

A popular Ponsonby bar has been caught out advertising jobs for women only, a day after the Herald revealed that Masala restaurant in Stanmore Bay had done the same.

Chapel Bar & Bistro posted an online ad saying: “We need female bar & floor staff at Chapel … drop us an email if you or a friend needs a job.”

Owner Luke Dallow said the ad was to be taken “tongue-in-cheek”, but was worded that way because the central Auckland business was seeking gender balance.

The Human Rights Commission said both Masala and Chapel could be in breach of the Human Rights Act.

“Should the commission receive a complaint, it will be dealt with in the usual manner,” a spokeswoman said.

So if a political party states that they want to achieve gender balance by favouring women over men, then not a PEEP from the Human Rights commission, but when a bar owner does it, he’s getting his nuts pulled off by the Herald for being honest about his intent.   Read more »

This country is becoming a bunch of sooks

Have we become a nation of sooks, a bunch of nancies running off and complaining to the Human Rights Commission and the Privacy Commission and the Employment Tribunal over hurt feelings?

It seems we just may be. Stephanie Flores writes at NBR:

If I ever have a son in New Zealand, I imagine he would punch his way out of the womb, assume the scrum position, then ask where his shotgun is because it’s duck hunting season in the Waikato.

At least that’s how I imagined a male Kiwi is born: tough, macho, hair already growing on his ape-like chest.

But after months of reading Employment Relations Authority decisions, I’m getting the impression that today’s males in New Zealand are more like the Village People version of Macho Man, rather than the Sir Colin Meads of the old days.

This week, more authority decisions trickled out with workers claiming their employers hurt their feelings or, even worse, actually asking them to work.

Now I’m pretty sure my first editor ate cigarettes for breakfast and nails for dessert. It was 10 years ago but I still remember his hatred for humanity and the bloodlust for junior reporters that emanated from his desk.

After a hiding from him, I always waited until I got home to cry with a bottle of vodka and in the comfort of my own bed, which is the proper way to deal with workplace stress.

But I never, ever, considered contacting an employment lawyer seeking advice on my hurt feelings.

Unfortunately for employers, the trend in employment law is moving in the opposite direction.  Read more »

The law of unintended consequences is funny sometimes

Human Rights Commission and Judges the world over are earnest well-meaning twats who just get things dreadfully wrong…most of the time.

Mostly though they are meddlers taking on cases with little merit and in the case of New Zealand sticking up for convicted paedophiles and former bankrupts.

In the UK the European Court of Human Rights in Strasbourg is impinging on sentencing with their daft rulings on behalf of poor hard done by ratbags and scumbags serving lengthy sentences. The Tory government is moving to run one up that little effort.

Murderers and other serious criminals could be given US-style jail sentences lasting hundreds of years to get round a European human rights ban on whole-life terms, The Telegraph can disclose.

Ministers are considering a change in sentencing rules to allow judges to rule that offenders should spend decades and even hundreds of years in jail.

The plan is part of the UK Government’s ongoing confrontation with the European Court of Human Rights in Strasbourg.

The proposed change to sentencing comes as Conservative ministers prepare to publish the party’s proposals to overhaul the UK’s human rights laws.

They will suggest reforms to ensure Britain’s Supreme Court is the final arbiter on human right cases, not the European Court of Human Rights in Strasbourg.

Current English law allows judges to impose “whole life” tariffs, effectively sentencing a criminal to die in jail.

However, the Strasbourg court said last year that such sentences are a breach of the European Convention on Human Rights, because there was no possibility of a “right to review”.

The court ruling means at least one multiple murderer has avoided a whole-life sentence.

The Government is considering its response to the ruling on whole life tariffs.  Read more »

Gutsy decision to rein in Aussie Human Rights Commission

Judith Collins could learn from Australia’s Attorney-General George Brandis who has just set the cat amongst the pigeons with a new appointment to their Human Rights Commission.

Senator Brandis said Mr Wilson’s appointment would “restore balance to the Australian Human Rights Commission” which, he said had “become increasingly narrow and selective in its view of human rights” under Labor.

He praised Mr Wilson’s credentials for the role.

“He has published and broadcast widely on the topics of personal freedom, liberal democratic values and the rule of law. He was at the forefront in thwarting recent attempts to erode freedom of speech, freedom of the press and artistic freedom – rights and freedoms Australians have always held precious.”   Read more »

Honour the victim’s wishes, he doesn’t have name suppression anyway

Two victims of a pervert want him named and are going to court to seek to overturn the gutless coward’s name suppression..that he doesn’t have anyway.

Two Christchurch women who were sexually abused as children will next week go to court and fight to have their name suppression lifted.

The sisters believe their abuser is using suppression orders to protect himself.

Nearly two decades after he was convicted and four decades after the abuse the women – now grandmothers at 48 and 52 – are going back to court to try and have their own name suppression lifted in the hope it’ll help expose him.

They believe he’s using the suppression to protect himself and want to warn parents.

“I could basically be arrested if I was to speak my name out, that’s how dumb it is,” one of the women says.

Both were shocked when news broke he was taking the Sensible Sentencing Trust to court for naming and shaming him on its offender website.  Read more »

Human Wrongs Commission bombs a case

Yesterday we had the Cry Baby of the Week, Claire Nathan, bleating because Air New Zealand didn’t want her and her tattoo to be working as a trolley dolly.

Today the Director of Human Rights Proceedings has copped a flogging in a similar story, which probably means the trolley dolly case will similarly fail despite the whining.

A spit roast catering company has been awarded $15,000 in costs against the Director of Human Rights Proceedings after winning the right to ask an employee to cover up her tattoos.

The award by the Human Rights Review Tribunal, comes 18 months after it ruled there was no direct discrimination to the employee, Claire Haupini.

Under the legislation the director is liable to pay the costs rather than Haupini, because the director represented her in the failed case against her former employer.  Read more »

Jobs to go at the Human Wrongs Commission

Perhaps if they weren’t wasting so much tax-payers money fighting The Sensible Sentencing Trust they could afford do continue all this mysterious ‘proactive’ work in the community.

Staff at another Government funded agency have an axe hovering over their heads.

Around 15 percent of jobs at the Human Rights Commission are going, thanks to a cash shortfall and a freeze on funding until 2020.

The PSA’s Richard Wagstaff says the scale of job cuts has taken staff by surprise.

“And there’s also a suggestion that the head office could move from Auckland to Wellington and that again is a major concern for people who work in an organisation. You just can’t up and shift cities if you’ve got families and other connections. That’s a really tough decision to have to be made.”  Read more »