Media Release - 12 November 2024 - Thistoll v Goldsmith

A Good Time to Repost This

With this week’s revelations about incoming Chief Human Rights Commissioner Dr Stephen Rainbow—who described Muslim immigration as a “threat to Jewish communities”—now is a timely moment to revisit my judicial review challenge. The media release about it is below.

Last November, I filed proceedings in the High Court questioning the legality of his appointment, alongside that of Dr Melissa Derby. My concern then—and now—is that the Minister of Justice failed to follow the correct statutory and procedural processes, including the Human Rights Act, the Crown Entities Act, the Ministry’s own appointment guidance, and the Paris Principles, which underpin the international credibility of our Human Rights Commission.

This week’s reporting only reinforces what I feared: that the appointments compromise the Commission’s independence and integrity. Rainbow’s comments are not only incompatible with his role—they reveal a worldview that is antithetical to the very concept of universal human rights.

Aotearoa risks losing its ‘A’ status under the Paris Principles. We risk losing faith in an institution that must remain impartial, principled, and protective of all communities—not one that legitimises prejudice at the top.

Media Release: Paul Thistoll Challenges the Minister of Justice’s Recommendation of Human Rights Commissioners.

Te Whanganui-a-Tara, Aotearoa – 14 November 2024: Today, I launched an application for judicial review in the High Court at Wellington of the Minister of Justice’s decision to recommend to the Governor-General the appointment of Dr Stephen Rainbow as Chief Commissioner and Dr Melissa Derby as Race Relations Commissioner to the Human Rights Commission.

Based on documents received under the Official Information Act, I am concerned that the Minister of Justice did not follow the correct process in making the recommendation, as informed by the Human Rights Act 1993, the Crown Entities Act 2004, the Paris Principles (https://ganhri.org/paris-principles/), and the Ministry of Justice’s document Guidance: Appointment of Human Rights Commissioners.

I am further concerned that the Minister's recommendation compromises the integrity and independence of the Human Rights Commission. Aotearoa has endorsed the Paris Principles concerning the structure and conduct of National Human Rights Institutions, and by making these appointments, the Minister has potentially threatened our current ‘A’ accreditation status under those principles. I am undertaking this legal action to safeguard the Human Rights Commission as a strong and impartial institution that protects the universal human rights of all New Zealanders and holds the Government to account both domestically and internationally.

I am seeking a declaration that the recommendation is unlawful and an order to quash it.

Although I lead the charitable initiative Countering Hate Speech Aotearoa, I am pursuing this action privately.

Paul Thistoll