An Australian woman has complained to the United Nations that New Zealand is denying her the right to challenge the Department of Conservation's higher hut fees for non-citizens.
Back in July, Wendy Faulkner complained to the Human Rights Commission that she was charged $130 a night on the Routeburn Track while her expatriate husband David paid just $65.
The Commission found there was a prima facie breach of the Human Rights Act and accepted the complaint for mediation.
Mr Faulkner said however they had since learned the government was exempt from the Human Rights Act if any of its policies discriminated against non-citizens.
According to Section 153: "Nothing in this Act shall affect any enactment or rule of law, or any policy or administrative practice of the Government of New Zealand, that distinguishes between New Zealand citizens and other persons, or between British subjects or Commonwealth citizens and aliens".
"Essentially the government has a 'get-out-of-jail free' card when it comes to the Human Rights Act," Mr Faulkner said.
But as a signatory to the International Covenant on Civil and Political Rights, New Zealand had promised to treat citizens and non-citizens equally or offer an effective remedy, he said.
"As that is not actually available to my wife because of the exemption under the Human Rights Act, she is now making a complaint to the United Nations Human Rights committee that New Zealand is in breach of its treaty obligations."
Mr Faulkner, who advocates for New Zealanders fighting discrimination in Australia, said he was "appalled" that New Zealand had "fewer protections for non-citizens".
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Comments
We didn't pay anything 70 yrs ago. I realize payment is in order for the upkeep of huts, but $130 for one night is obscene, in my opinion.
Another whinging aussie.
Could look at it another way. The fee per night is $130 but discounted to NZ citizens who pay in other ways to upkeep these huts.
Overseas people dont do that and so its fair. It is however a bit on the nose really at that price.
Another person wrapped up in first world problems. Maybe she could send her lawyers fees to a charity supporting third world poverty.
But if she really is concerned about such trivia, maybe she should start closer to home. The acclaimed MONA gallery in Tasmania does not charge entry for Tasmanian residents - everyone else pays. Does she think that's an issue?
New Zealanders pay to run DOC through their taxes. Others should pay their way.
As an Australian Mrs Faulkner should be aware that Australia discriminates against non-citizens every day. Non-citizens are not able to access Medicare benefits, they pay higher taxes for buying & holding property in many states and territories, they are prohibited from buying existing residential properties in a number of states, they often pay more income tax, and they are liable to be deported alnost on a whim. Every university also discriminates against non-citizens by charging full fees without the ability to defer those fees via the government run assistance scheme.
I am reminded of an old saying; remove the log from your own eye before attempting to remove the splinter from your brother's eye.