Coburn v Human Rights Commission - [1994] 3 NZLR 323

Human rights — Principles — Unlawful discrimination — Superannuation schemes — Qualifications for benefits by "marital status" or "age" - Whether qualifications lawful — Whether s 72 Human Rights Act 1993 supersedes provisions of Superannuation Schemes Act 1989 - Whether Court has power to make prospective order only to put Human Rights Act requirements into effect — Human Rights Act 1993, ss 2, 22, 44, 70, 71, 72, 73 and 151.

Superannuation schemes — Human Rights Act 1993 — Whether scheme within ambit of Human Rights Act — Lawfulness of providing benefits on basis of qualifications such as "marital status", "age and disability" - Lawfulness of age criteria for determining death benefits — Whether provisions of Superannuation Schemes Act 1989 to protect benefits superseded by provision of Human Rights Act 1993 requiring amendment of non-complying legal instruments — Superannuation Schemes Act 1989, ss 9, 12 and 20.

Practice and procedure — Declarations — Nature of declaratory judgment — Jurisdiction — Scope of discretion to exercise jurisdiction — Whether declaratory judgment has retroactive or prospective effect — Power of Court to order — Declaratory Judgments Act 1908, ss 3 and 10.