Ref: 204494
Wednesday, 16 September 2020
Jack Huston
By email to
[FYI request #13545 email]
Tēnā koe Jack,
Response to your request for Official Information
On 18 August 2020, you requested from the Human Rights Commission (“the
Commission”) the following information:
1.
How many lawyers does the Human Rights Commission employ to defend
human-rights cases?
2.
How many cases has the HRC declined to represent due, partially or in full,
to lack of resources?
3.
What percentage of the cases made with HRC are against police?
4.
What percentage of Maori incarceration could be avoided by hiring more
lawyers to defend against human rights abuses by NZ Police?
Office of Human Rights Proceedings
We have identified that your request may be more closely connected with the
functions of the Office of Human Rights Proceedings (OHRP).
The OHRP is an independent arm of the Commission which can provide legal
representation to those who wish to take proceedings under the Human Rights Act
1993 to the Human Rights Review Tribunal.
It is headed by the Director of Human Rights Proceedings, who employs lawyers for
this purpose. The Director exercises functions under sections 90-92 of the Human
Rights Act 1993 when determining whether to provide representation.
The OHRP may be able to provide you with the answers to questions 1-3 above.
Please let me know if you would like me to re-direct your request to them.
For more information on OHRP see
https://www.hrc.co.nz/ohrp/.
Level 8, 44 The Terrace, Wellington
PO Box 10424, The Terrace, Te Whanganui a Tara Wellington, Aotearoa New Zealand
Waea Telephone +64 4 473-9981 Waea Whakaahua Facsimile +64 9 377-3593
Infoline Toll free 0800 496 877 / TTY
[Human Rights Commission request email] www.hrc.co.nz
Lawyers employed by the Human Rights Commission
We have also interpreted your questions to be directed towards the provision of legal
services and representation, rather than our complaints and dispute resolution
functions.
The Commission employs five in-house counsel with responsibility for providing in-
house legal services to the Commission. This includes legal services regarding the
Commission’s legal intervention function under s 5(2)(j) of the Human Rights Act
under which the Commission can apply to appear to Courts and Tribunals as a non-
party intervener in proceedings which raise human rights issues.
We do not hold information in respect of your questions 2-3.1 Again, we consider that
the OHRP may be able to provide you with information relevant to those questions.
We do not hold information that answers question 4. However, you may be
interested in the reports by the
Hāpaitia te Oranga Tangata, Safe and Effective
Justice initiative co-ordinated by the Ministry of Justice which examines options for
reform of the criminal justice system, including a focus on outcomes and options for
Māori. Information is available on-line a
t https://www.safeandeffectivejustice.govt.nz/.
Alternative avenues
If you are unhappy with this response, under the Official Information Act you are
entitled to complain to the Ombudsman’s Office. Information about how to make a
complaint is available at www.ombudsman.parliament.nz or on freephone 0800 802
602.
If you have any further queries about this response, please feel free to contact me
directly.
Nāku noa, nā
Jaimee Paenga
Legal Adviser
1 Section 18(e)
