Is the Charge of Male assaults Female discriminatory under the Human Rights act
Roger Calkin made this Official Information request to Kris Faafoi
Kris Faafoi did not have the information requested.
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
From: K Faafoi (MIN)
Kris Faafoi
Kia ora,
On behalf of Hon Kris Faafoi, thank you for your email.
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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 ()
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.
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
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show quoted sections
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
show quoted sections
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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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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