20 Jul 2016
SPENCER v MINISTRY OF HEALTH [2016] NZHC 1650
- Citation
- [2016] NZHC 1650
- Court
- High Court
Where a government policy was held to be generically discriminatory (Atkinson type refusal to pay family carers under the Ministry's home based support services policy), an individual claimant who established she provided qualifying services may recover retrospective pecuniary damages unless mandatory HRA factors (s 92P) justify denial or limitation; the legislature's 2013 PHDA amendment constraining future claims but preserving Atkinson-type claims is relevant to the proportional temporal scope of retrospective awards. Applying those principles the Court awarded retrospective pecuniary damag…
- Unjustifiable discrimination
- Funded family care policy
- Remedies and damages under human rights act
- Proportionality (s 5 nzbora)
- Jurisdiction of tribunal and high court