Ministry of Health v Atkinson - [2012] 3 NZLR 456

Human rights — Discrimination — Proper approach for assessing whether measure discriminatory and/or justified — Whether non-payment of family members providing disability support discriminatory — Whether justified limitation — “Discrimination” — New Zealand Public Health and Disability Act 2000, ss 3 and 10.

Human Rights — New Zealand Bill of Rights Act 1990 — Proper approach for assessing whether measure discriminatory and/or justified — Whether non-payment of family members providing disability support discriminatory — Whether policy justified limitation — “Discrimination” — New Zealand Public Health and Disability Act 2000, ss 3 and 10.

Practice and procedure — Appeals — Proper approach for determining factual challenges in second appeal on question of law.