Simon is instructed by the Director of Human Rights Proceedings in claims under the Privacy Act and the Human Rights Act.
Significant cases include:
A claim against the Sensible Sentencing Trust relating to disclosing unlawfully obtained information on the SST’s website. The claim was settled shortly before trial on the basis that the SST acknowledged that it had breached the Privacy Act. Simon acted for the Director on a number of important interlocutory judgments of the Human Rights Review Tribunal and judicial review judgments in the High Court and Court of Appeal.
A claim against Cameron Slater of the Whaleoil blog that was heard in early 2015. The claim relates to disclosure of personal information on the Whaleoil website and will deal with issues relating to whether the disclosures were news activities by news media. Judgment has not yet been delivered.
Singh v Singh (2016), which was a claim of racial harassment. The plaintiff was an international student with a part time job and he claimed that his employer racially abused him. The claim was successful after a 5 day trial and damages for emotional distress were awarded.
King & Others v AG (Ministry of Health) is a claim brought by 13 plaintiffs who are caregivers of disabled family members and the disabled caregivers themselves alleging discrimination on the grounds of family status because the Ministry of Health refused to pay family members to provide care to their disabled family members when the Ministry would have paid non-family members to provide such care. The case is due sto be heard in the High Court at Auckland in October 2017.
Simon has also been instructed by Youth Law to act for young people and their families in claims of discrimination against the Ministry of Education.
Simon has acted as counsel for clients in mediations held by the Human Rights Commission.