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High Court of New Zealand

ID
193

Coates v. Bowden

Appellant F, the mother of three children, who was residing in New Zealand, sought a decision from a higher court concerning a previous custody decision that granted N, the father residing in Australia, custody rights. F contended that N had been physically abusive in the past toward the children, and that they were at risk of physical and psychological harm if in his custody. The High Court concluded that the children should be in New Zealand residing with their mother.

Easton v. Broadcasting Commission

Plaintiff sought to challenge what he saw as state-sponsored and supported gender bias against men. He alleged that the New Zealand Bill of Rights Act of 1990 is discriminatory because it specifically requires that a range of broadcasts be available to provide for the interests of women while failing to include men, and that in doing so, the Act implicitly discriminates against men. The High Court dismissed the case based on the defendant agencies’ lack of standing to defend the claim, and therefore lack of jurisdiction by the High Court to hear the case.

M v. M

This case concerns the Domestic Violence Act of 1995. Appellant sent emails, faxes, and oral communications to politicians and others, claiming that the respondent, her brother, raped her when she was 11. In Family Court, the judge concluded that the allegation of rape was unfounded and that appellant’s purpose for the communications was to shame the respondent and ruin his reputation, amounting to harassment or psychological abuse. The judge issued a protection order pursuant to the Domestic Violence Act of 1995, prohibiting appellant from further communications alleging the rape.

R v. S

S was convicted for repeated violent rape within an arranged marriage over the course of 13 months. The court imposed a sentence of 13 years, six months imprisonment for the rape, with concurrent sentences for the lesser offenses, calculated as a 15 year base due to the violent nature of the acts and the vulnerability of the victim, with a downward adjustment for the respondent’s lack of prior convictions.

Talleys Fisheries Ltd. v. Lewis

This case concerns the application of §§22(1)(b) and 21(1)(a) of the Human Rights Act of 1993 (‘the Act’). It was first heard before the Human Rights Review Tribunal. The plaintiff, Ms. Lewis, claimed that the defendant, Talleys Fisheries, had engaged in employment discrimination on the basis of gender, alleging that they offered her less favorable terms than her male counterparts who had substantially similar capabilities for substantially similar work.

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