Note to journalists on reporting case studies From time to time the Human Rights Commission issues case studies. These can be about the investigation and conciliation of complaints or about a Human Rights Commission Complaints Division Opinion that has been reached. They may be about the result of litigation taken by the Human Rights Commission Proceedings Commissioner to the Complaints Review Tribunal or High Court. These case studies can be useful to illustrate how a Complaints Division opinion applies a human rights principle to a factual situation. They can also be useful, in a limited way, in summarising the ruling the Complaints Review Tribunal has made, though they are not a substitute for the ruling itself.
Care has to be taken in reporting case studies.
Particular care must be taken in distinguishing between opinions formed by the Human Rights Commission Complaints Division and rulings made by the Complaints Review Tribunal. This is because they misrepresent the powers of the Commissioners, the Commission and its Complaints Division. These powers are those of investigation and of forming opinions in matters of unlawful discrimination. The Human Rights Commission does have powers to take cases to the Complaints Review Tribunal and if the Commission decides not to take a case to the Tribunal, an individual can do so. There are other functions and powers in matters relating to human rights in New Zealand in accordance with United Nations Covenants or Conventions on Human Rights, but none of these is the power to issue rulings or order certain actions.