Ref: 222579
23 March 2023
Requestor
via fyi.org.nz
Tēnā koe,
Response to your request for Official Information
On 8 March 2023 you requested the following information from the Human Rights
Commission (“the Commission”) under the Official Information Act 1982 (“OIA”):
Section 2 of the Human Rights Act 1993 provides no statutory definition for the
word "human", nor can one be found in any NZ law dictionary or legal paper,
thus, it's not publicly available in a manner appropriate to the explicit expectation
of the public.
While it is already known that the administering agency for said Act is the
Ministry of Justice, this request seeks to know whether or not a legal definition
for the word "human" is HELD by HRC.
To further clarify, this request is not a request for a definition of the word
"human", as that may constitute giving 'legal advice', on which you cannot give;
rather this request is to know if HRC holds in its database a definition for
"human".
In response to your request, we confirm that the information you have requested is
not information that is held by the Commission, but would need to be created.1 As
you are aware, the interpretation provisions of the Human Rights Act 1993, under
which the Commission operates, do not include a definition of “human”.2 Under
section 18(e) of the OIA, we are therefore declining your request because the
requested document does not exist.
As the National Human Rights Institution, the Commission works to promote respect
for, and understanding and appreciation of human rights in Aotearoa New Zealand
society in accordance with domestic law and the international human rights
framework.3
Alternative avenues
If you are not satisfied 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
1 See Office of the Ombudsman
‘Information not held’ (August 2019), at p.3.
2 Human Rights Act 1993, s2.
3 See further information a
t https://www.ohchr.org/en/ohchr_homepage.
Stantec House, Level 1, 10 Brandon Street, Wellington
PO Box 10424, 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
602.
Nāku noa, nā
Philippa Moran Legal Advisor | Kaitohu Ture
New Zealand Human Rights Commission | Te Kāhui Tika Tangata
