1 Apr 2008
TREVETHICK V THE MINISTRY OF HEALTH HC WN CIV-2007-485-2449
- Citation
- openlaw-7b2a1f10_ae3c_46e7_83ff_ba724e80db69.pdf
- Court
- High Court
The definition of "disability" in s 21(1)(h) of the Human Rights Act 1993 is to be read as an exhaustive, status-based list and does not include the "cause of" a disability; therefore discrimination based solely on the cause of a disability is not a prohibited ground under the Act and the Tribunal's strike-out of the appellant's claim on that basis was correct. The Ministry's alternative submission that a valid comparator could never be established was rejected on strike-out grounds as fact-specific and requiring evidence.