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Is the Charge of Male assaults Female discriminatory under the Human Rights act

Roger Calkin made this Official Information request to Kris Faafoi

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From: Roger Calkin

Dear Kris Faafoi,

I am a NZ citizen with a genuine interest in Human rights.

Under the Human Rights Act 1993 (the HR Act), unlawful discrimination happens when:

1. someone is treated differently compared to someone else in the same or similar situation, and

2. there is some indication or evidence they were treated differently because of one of the grounds in the Act (such as their age, race, sex, disability), and

3. the different treatment happens in an area of public life (such as employment, education, government services, access to housing), and

4. they are disadvantaged or significantly impacted by the different treatment.

The Charge of Male assaults female includes offences under s194 Crimes Act 1961. This is an assault by a male on a female (and is usually used for people in a domestic relationship). A person convicted of Male assaults female can be imprisoned for up to 2 years; Whereas a person convicted of Common assault (domestic) can be imprisoned for up to 1 year (if charged under the Crimes Act) or up to 6 months (if charged under the Summary Offences Act).

Does the Minister therefore consider the Charge of Male Assaults Female to be a breach of the Human Rights Act 1993 given it specifically treats Males differently because of their sex?

Yours faithfully,

Roger Calkin

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From: K Faafoi (MIN)
Kris Faafoi

Kia ora,

On behalf of Hon Kris Faafoi, thank you for your email. 

While the Minister considers all correspondence to be important, and all
messages are carefully read and considered, it is not always possible to
personally reply to all emails.  As such, the following guidelines apply:

·        Invitations and meeting requests will be processed as soon as
possible and a staff member will be in contact with you in due course

·        All media queries will be responded to by a staff member

·        Requests for official information will be managed in accordance
with the provisions of the Official Information Act 1982, which may
include transfer to a more relevant Minister or agency

·        If your email falls outside of the Minister’s portfolio
responsibilities, expresses a personal view, or is copied to multiple
Members of Parliament, then your opinion will be noted and your
correspondence may be transferred to another office, or there may be no
further response to you

Thank you for the taking the time to write.

Nga mihi,

Office of Hon Kris Faafoi

Minister of Justice, Minister of Immigration, Minister for Broadcasting
and Media

Private Bag 18041 | Parliament Buildings | Wellington 6160 | New Zealand

Authorised by Hon Kris Faafoi MP, Parliament Buildings, Wellington 6011

 

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Mr Rodgers left an annotation ()

You failed to mention that s194 also puts the harsher penalty on someone who assaults a child of less than 14 years age. Given that the Human Rights Act also does not allow discrimination on age do you think this offence is also unlawful?

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Mr Rodgers left an annotation ()

PS You are wrong when you say "Whereas a person convicted of Common assault (domestic) can be imprisoned for up to 1 year". Section 194A Assault on person in family relationship has a maximum penality of 2 years.

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From: K Faafoi (MIN)
Kris Faafoi

Dear Roger

On behalf of Hon Kris Faafoi, Minister of Justice, Minister of Immigration, and Minister for Broadcasting and Media I acknowledge receipt of your email requesting information under Section 12 of the Official Information Act 1982.

Your request was received in this Office on 17 June 2021 and will be responded to under the provisions of the Official Information Act.

Yours sincerely
Office of Hon Kris Faafoi
Minister of Justice, Minister of Immigration, Minister for Broadcasting and Media
Executive Wing | Private Bag 18041 | Parliament Buildings | Wellington 6160 | New Zealand

Authorised by Hon Kris Faafoi MP, Parliament Buildings, Wellington 6011

Disclaimer: Please note information about meetings or events related to the Minister's portfolios will be proactively released (this does not include personal or constituency matters). For each meeting in scope, the summary would list: date, time (start and finish), brief description, location, who the meeting was with, and the portfolio. If you attend a meeting with the Minister on behalf of an organisation, the name of the organisation will be released. If you are a senior staff member at an organisation, or meet with the Minister in your personal capacity, your name may also be released. The location of the meeting will be released, unless it is a private residence. The proactive release will be consistent with the provisions in the Official Information Act, including privacy considerations. Under the Privacy Act 1993 you have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you'd like to ask for a copy of your information, or to have it corrected, or are concerned about the release of your information in the meeting disclosure, please contact the sender. You can read more about the proactive release policy at https://www.dia.govt.nz/Proactive-Releas...

Disclaimer: The information in this email (including attachments) is confidential and may be legally privileged. If an addressing or transmission error has misdirected this email, please notify the author by replying to this email and destroy the message. If you are not the intended recipient, any use, disclosure, copying or distribution is prohibited and may be unlawful.

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From: Justice.Admin

Tçnâ koe Roger Calkin

 

We refer to your request received via the FYI website to the Minister of
Justice. You have sought the following:

 

“Does the Minister therefore consider the Charge of Male Assaults Female
to be a breach of the Human Rights Act 1993 given it specifically treats
Males differently because of their sex?”

 

You have not asked a question for Official Information. Can you plaese
clarify your request? Are you are seeking advice to the Minister of
Justice (including his predecessors) regarding Charge of Male Assaults
Female and whether it is a breach of Human Rights Act 1993?

 

 

Ngâ mihi

 

 

Office of Hon Kris Faafoi MP
Reception +64 4 817 8720 | Ministerial Email
[1][Kris Faafoi request email] | Web [2]beehive.govt.nz | Postal Freepost
Parliament, Private Bag 18 041, Parliament Buildings, Wellington 6160, New
Zealand

Authorised by Hon Kris Faafoi MP, Parliament Buildings, Wellington 6160,
New Zealand

 

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From: Justice.Admin

Tēnā koe

 

On behalf of Hon Kris Faafoi, Minister of Justice, thank you for your
request of 17 June 2021.

 

We contacted you on 18 June 2021 to clarify your request, as we have not
heard from you we are closing your request as at 5 July 2021. If you have
a further request please feel free to contact us again.

 

 

Ngā mihi

 

 

Office of Hon Kris Faafoi MP
Reception +64 4 817 8720 | Ministerial Email [1][Kris Faafoi request email]
| Web [2]beehive.govt.nz | Postal Freepost Parliament, Private Bag 18 041,
Parliament Buildings, Wellington 6160, New Zealand

Authorised by Hon Kris Faafoi MP, Parliament Buildings, Wellington 6160,
New Zealand

 

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