Ref: 219722
Friday, 30 September 2022
Darren Sharpe
By email to: [FYI request #20463 email]
Tēnā koe Darren
Response to your request for Official Information
On 4 September 2022, you requested from the Human Rights Commission (‘the Commission’)
the following information under the Official Information Act 1982 (‘the Act’):
Can you please outline how many complaints have been made to HRC by, or on behalf of
mask exempt persons that have been denied entry to Farro stores between January 2020 and
April 2022, which includes resolved and still open complaints or submissions.
We are declining your request for information under section 9(2)(ba) of the Official Information
Act 1982, because the Commission’s complaints resolution process is confidential. We
consider that the public interest in maintaining the confidentiality of our dispute resolution
process outweighs any public interest considerations in favour of making the information
available.
However, we have been able to provide alternative information about the number of contacts
(both enquiries and complaints) the Commission has received that have been categorised in
our database as relating to masks/mask exemptions and supermarkets, between 1 January
2020 and 30 April 2022. During this date range, our database records over 160 contacts
relating to this. As explained below, this includes both enquiries and complaints.
The Commission distinguishes between
enquiries and
complaints. The Commission
receives many emails, phone calls and other expressions of concern that we do not classify
as formal complaints under the Human Rights Act (‘the Act’) because they are not complaints
alleging unlawful discrimination under the Act. To be recorded as a complaint under the Act,
the complaint will demonstrate an act or omission by a person/body that falls under a
prohibited ground of discrimination set out in section 21 of the Human Rights Act 1993 (for
example, disability, religious belief, etc). Contacts that do not constitute complaints are
categorised as enquiries. Please note the Commission has no authority to investigate
individual complaints or enquiries, including whether a party’s version of events is factually
correct. Instead we offer an impartial, voluntary, confidential dispute resolution process.
Further resources
We can also share with you the work the Commission has been doing to research and create
resources on the balancing of human rights during times of crisis. You can find more
information on our website here:
www.hrc.co.nz/resources/human-rights-relation-covid-19
Stantec House, Level 1, 10 Brandon Street, Wellington
PO Box 10424, Wellington Central, 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
The Commission has also engaged directly with government during the specified timeframe
and has produced multiple publications and press releases relating to human rights in a Covid-
19 context.
See, for example:
• Our latest “news” section of our website for recent releases:
https://www.hrc.co.nz/news//
• Our Covid-19 human rights information and FAQs web page:
https://www.hrc.co.nz/resources/human-rights-relation-covid-19/
•
Inquiry into the Support of Disabled People and Whānau During Omicron
•
Background briefing
•
General conditions briefing: upholding human rights protections under Aotearoa’s
proposed Covid-19 Protection Framework
•
Specific conditions briefing: upholding human rights protections in the use of
vaccination certificates under Aotearoa’s proposed Covid-19 Protection Framework
•
Specific Conditions Briefing: upholding human rights protections in the use of
vaccination mandates under Aotearoa’s Covid-19 Protection Framework
•
Human Rights and Te Tiriti o Waitangi Policy Checklist for Covid-19
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 the Commission
directly.
Nā mātou noa, nā
Human Rights Information and Support Services
