Human Rights Commission throws out complaint lodged by John Tamihere
Monday, 2 September 2019
No further action will be taken by the Human Rights Commission following a complaint mayoral challenger John Tamihere made against Auckland Council.
Mayor Phil Goff revealed the commission had turned down Tamihere's complaint that council policy on mixing community and market housing in its developments was a breach of human rights during Stuff's mayoral debate on Monday night.
However, Tamihere's team says what occurred was 'entirely predictable'.
In July, Tamihere said he would file legal action against the council under his social agency Te Whānau o Waipareira Trust.
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He said he would ask the High Court to order the council to pay it damages and rule that a policy capping the level of social housing in any council development is unlawful.
The claim relates to an aborted deal last year between the trust and council agency Panuku, which prompted Tamihere's decision to seek the mayoralty.
Under Ngai Tai Waipareira Housing, which Tamihere also leads, a complaint was also lodged with the Human Rights Commission against Auckland Council and Panuku.
But on Monday, the commission said it would not be taking further action.
A letter sent to Auckland Council by the commission said Ngai Tai Waipareira Housing alleges the cap on the amount of social housing allowed in proposed residential developments discriminates against Māori and Pacific people, single parents, people over the age of 55, and people who are unemployed or receive benefits.
'NTWHL considers this to be discrimination on the prohibited grounds of colour, race, ethnic or national origin, marital status, age, employment status and family status,' the letter read.
However, the commission said it would not be taking further action on the matter.
It said it could offer mediation for complaints that alleged unlawful discrimination with the scope of the Human Rights Act 1193.
'In this case, NTWHL has indicated it does not consider the matter suitable for mediation and wishes to proceed directly to the Human Rights Review Tribunal.
'Therefore, the commission will close this file and will not take any further action on this complaint.'
When the topic came up at Stuff's mayoral debate, Tamihere said he had heard back from the commission and a process was 'in place'.
Tamihere tried to argue the process was ongoing, but the mayor later provided Stuff with a letter from the commission stating no further action would be taken.
Following the debate, Tamihere's team said going to the commission was them going to the 'gate keeper'.
'The 'gate keeper' has accepted NTWHL's reason for wishing to move straight on to [the tribunal].
'That is where NTWHL's claim is now to be considered. What has occurred was entirely predictable.'