Tūi Tūi Tuituiā

Office of Human Rights Proceedings

In 2013, the Office of Human Rights Proceedings received 10 applications for legal representation relating to complaints about race, ethnic and national origins or racial harassment. Two complaints were referred back to the Human Rights Commission for mediation. The Director declined to provide representation to four applicants and the remaining four are waiting for a decision.

Decisions on three applications received in 2012 were also released. The Director declined to provide representation to these applicants.

Three matters that were referred back to the Human Rights Commission for mediation in 2012 resulted in requests for the Director to re-activate the applications for legal representation after mediation failed. One applicant was declined representation. One applicant issued proceedings in the Human Rights Review Tribunal and the matter was subsequently settled with assistance from the Director. The Office of Human Rights Proceedings issued proceedings in the Human Rights Review Tribunal on behalf of one applicant.

Human Rights Review Tribunal

The Human Rights Review Tribunal concluded two race-related cases in 2013.

The first (Peters v Wellington Combined Shuttles [2013] NZHRRT 21) related to an allegation of racial discrimination made by the former employee of a taxi company. The Tribunal concluded that it had no jurisdiction to hear the case and proceedings were dismissed.

The second (Meek v Ministry of Social Development [2013] NZHRRT 28) involved claims that the plaintiff had been denied financial assistance by the Ministry of Social Development because he was not Māori. The Tribunal concluded that there was no evidence of discrimination by reason of race or ethnicity. The proceedings were dismissed.

The Office of Human Rights Proceedings was not involved in either hearing.

Taxi drivers a target for racial abuse

Taxi companies admitted that racial abuse was not uncommon after a passenger was caught on video abusing a Pakistan-born taxi driver following a night out in Invercargill. The passenger was given a formal warning by police following the abuse, which was filmed and posted on the Internet. The taxi driver was praised for his professional manner during the offensive behaviour and for his courage in reporting the matter.

Only a few weeks later a Christchurch man was charged with assaulting an Indian taxi driver. The driver said he was racially abused and feared for his life. Alarmingly, one driver who was seriously injured after a brutal and violent racially-motivated bashing in Tauranga said that race-based abuse is a fact of life in the taxi industry.

A Napier woman was convicted after hurling racial abuse at a taxi driver before assaulting him and attempting to take his car. The court heard that the driver was bombarded with a tirade of racial insults, punches and slaps. A judge sentenced the woman to 100 hours community work, saying that taxi drivers should be able to ply their trade without abuse.

Cameras installed in taxis have helped to limit abuse. However, drivers are still regularly faced with racially offensive language, harassment and violence.

In 2013, the Human Rights Commission received five complaints about racist comments toward taxi drivers.

Young Chinese migrants show resilience

A survey from the Mental Health Foundation¹⁰ showed that most Chinese ”generation 1.5ers” (migrants who arrived between the ages of six and 18 years) were happy living in Aotearoa New Zealand despite facing bullying, name calling, intimidation, language struggles and lack of acceptance during their first few years here. The survey revealed that mental resilience and parental support were key to overcoming the challenges faced by young Chinese migrants.

Airline refuses to hire applicant with tā moko

An aspiring flight attendant of Māori descent was refused a job with Air New Zealand because she had tā moko, a traditional tattoo, on her arm. The airline defended its policy against visible tattoos, saying tattoos could be considered frightening to some cultures.

Traditional moko is an expression and celebration of Māori culture and identity. The Human Rights Commission regularly receives complaints when Māori who wear moko have been denied employment, entry to premises, or declined service because of a ban on tattoos.

Shopper fined for telling woman to remove burqa

A shopper was found guilty of offensive behaviour after shouting at a foreign student in a Dunedin supermarket, telling her to either take off her burqa or leave New Zealand. The student was left feeling shaken and scared. Onlookers were shocked by the incident, which the police prosecutor described as "morally repugnant".

Mokomoko Bill restores mana

The passing of the Mokomoko Bill in December 2013 marked the end of a long journey for descendants of Te Whakatōhea rangatira, Mokomoko, who was executed in the 1860s for his alleged role in the murder of Reverend Carl Sylvius Volkner. Mokomoko received a pardon in 1992 for the murder he never committed. The Bill promised to restore the character, mana, and reputation of the rangatira and to restore the Crown’s relationship with the Mokomoko whānau.

Operation Eight trampled basic rights

In December 2013, the Human Rights Commission released a report on police actions during Operation Eight stating that the human rights of innocent people had been neglected.

The Commission’s report followed an investigation by the Independent Police Conduct Authority (IPCA) which found that police had acted unlawfully during Operation Eight, an investigation into the activities of a group of people who were alleged to be involved in military-style training camps within the Urewera Ranges.

Operation Eight, which took place between 2005 and 2007, included the execution of 41 search warrants, armed police arrests and the establishment of road blocks at Ruatoki and Tāneatua. The IPCA investigation concluded that police illegally stopped vehicles, detained people in their homes and took their photographs.

The Commission received 31 complaints about police actions, raising serious concerns about human rights issues such as the right to be free of unreasonable search and seizure and the right to freedom of movement. Complaints included being stopped at the roadblock at Ruatoki and photographed without consent, the negative implications of using the Terrorism Suppression Act, and the impact on children confined for several hours, some without food.

The Commission’s report concluded that, during Operation Eight, innocent people had their basic rights trampled. It recommended that steps be taken to ensure the future protection of the human rights of innocent people and to prevent unnecessary trauma.

Since 2007, Police have made changes to their processes and reviewed the policy for dealing with children and vulnerable people when executing search warrants. Over recent months substantial progress has also been made in repairing the relationship between Police and Tūhoe leadership.

To read the Commission’s full report on Operation Eight go to: www.hrc.co.nz/2013/commission-releases-human-rights-analysis-of-operation-eight.