Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698842262165.pdf (New Zealand)
Human Rights Act 1993 Public Act Date of assent 1993 No 82 10 August 1993 Contents Title Short Title and commencement Interpretation Act to bind the Crown Part 1 Human Rights Commission Continuation of Human Rights Commission Functions and powers of Commission Functions of Commission Powers relating to declaratory judgments Activities in performance of Commission’s functions Commission determines general nature of activities Membership of Commission Membership of Commission Alternate Commissioners Meetings of Commission Criteria for appointment Criteria for appointment Further criteria for appointment of Chief Commissioner Further criteria for appointment of Race Relations Commissioner Further criteria for appointment of Equal Employment Opportunities Commissioner Functions of Commissioners Functions of Chief Commissioner Functions of Race Relations Commissioner Note This Act is administered in the Ministry of Justice Page 9 10 10 12 12 13 16 16 17 17 19 20 21 21 22 22 23 1 Human Rights Act 1993 Reprinted as at 3 September 2007 17 Functions of Equal Employment Opportunities Commissioner General manager and staff of Commission 18 General manager and staff of Commission Commissioners to act independently 19 Duty to act independently Ofﬁce of Human Rights Proceedings 20 Ofﬁce of Human Rights Proceedings Director of Human Rights Proceedings 20A 20B Director of Human Rights Proceedings Criteria and requirement for appointment Appointment of Judge as Human Rights Commissioner
 20C Appointment of Judge as Human Rights Commissioner Provisions relating to ofﬁce holders 20D 20E 20F 20G Ofﬁce holders to whom sections 20E to 20G apply Service in ofﬁce [Repealed] Term of ofﬁce Vacation of ofﬁce Administrative provisions relating to Human Rights Commission and Ofﬁce of Human Rights Proceedings 20H Administrative provisions set out in Schedules 1 and 2 Part 1A Discrimination by Government, related persons and bodies, or persons or bodies acting with legal authority 20I 20J 20K 20L Purpose
 of this Part Acts or omissions in relation to which this Part applies Purposes for which section 20L applies Acts or omissions in breach of this Part Part 2 Unlawful discrimination Application of Part to persons and bodies referred to in section 3 of New Zealand Bill of Rights Act 1990 21A Application of this Part limited if section 3 of New Zealand Bill of Rights Act 1990 applies 2 24 25 25 26 26 27 27 28 28 29 29 29 30 30 31 31 32 Reprinted as at 3 September 2007 Human Rights Act 1993 Acts or omissions authorised or required by law 21B Relationship between this Part and other law Prohibited grounds of discrimination 21 Prohibited grounds of discrimination 22 23 24 25 26 27 28 29 30 30A 31 32 33 34 35 Discrimination in employment matters Employment Particulars of applicants for employment Exceptions in relation to employment matters Exception in relation to crews of ships and aircraft Exception in relation to work involving national security Exception in relation to work performed outside New Zealand Exceptions in relation to authenticity and privacy Exceptions for purposes of religion Further exceptions in relation to disability Further exceptions in relation to age Exception in relation to employment­related retirement beneﬁts Exception in relation to employment of a political nature Exception in relation to family status Armed Forces [Repealed] Regular forces and Police General qualiﬁcation on exceptions Discrimination in partnerships 36 Partnerships
 Discrimination by industrial and professional associations, qualifying bodies, and vocational training bodies 37 38 39 40 41 Organisations of employees or employers and professional and trade associations Qualifying bodies Exceptions in relation to qualifying bodies Vocational training bodies Exceptions in relation to vocational training bodies Discrimination in access to places, vehicles, and facilities 42 Access by the public to places, vehicles, and facilities 32 33 35 36 36 37 37 38 39 39 40 40 41 42 42 42 43 43
 44 44 45 46 46 47 3 Human Rights Act 1993 Reprinted as at 3 September 2007 Exceptions in relation to access by the public to places, vehicles, and facilities Discrimination in provision of goods and services Provision of goods and services Exception in relation to courses and counselling Exception in relation to public decency or safety Exception in relation to skill Exception in relation to insurance Exception in relation to sport Exception in relation to travel services Exception in relation to reduced charges Exception in relation to disability Discrimination in provision of land, housing, and other accommodation Land, housing, and other accommodation Exception in relation to shared residential accommodation Exception in relation to hostels, institutions, etc Further exception in relation to disability Discrimination in access to educational establishments Educational establishments Exceptions in relation to establishments for particular groups Exception in relation to courses and counselling Further exceptions in relation to disability Other forms of discrimination Racial disharmony Sexual harassment Racial harassment Choice of procedures [Repealed] Indirect discrimination Victimisation Advertisements Liability of employer and principals Further provision in relation to sexual or racial harassment in employment Special provisions relating to superannuation schemes Superannuation schemes Reports on superannuation schemes 48 48 49 49 50 50 51 51 51 52 52 53 53
schemes Reprinted as at 3 September 2007 Human Rights Act 1993 72 Power to vary trust deeds Other matters 73 74 Measures to ensure equality Measures relating to pregnancy, childbirth, or family responsibilities 75 76 77 78 79 79A 80 81 82 83 84 85 86 87 88 89 90 91 92 92A Part 3 Resolution of disputes about compliance with Part 1A and Part 2 Object of this Part Functions of
 Commission under this Part Dispute resolution services Method of providing services How complaints received to be treated Choice of procedures Taking action or further action in relation to complaint Commission to inform parties of process Information gathering and disclosure by Commission Settlement Reference of complaint to Director or from Director or Tribunal Conﬁdentiality of information disclosed at dispute resolution meeting Evidence as to dispute resolution meeting Certain information not to be made available Limits on effect of section 80(1) or sections 85 to 87 Enforcement of terms of settlement agreed by parties Functions of Director of Human Rights Proceedings under this Part Requirements for Director’s decisions under section 90 Matters Director to have regard to in deciding whether to provide representation in proceedings before Tribunal or in related proceedings Director to notify and report on decisions on representation Proceedings Civil proceedings arising from complaints 92B 92BA Lodging of applications 92C Representation in civil proceedings arising from complaints 65 65 66 66 67 68 68 69 70 71 72 73 73 74 74 75 75 75 76 76 78 78 79 80 81 81 5 Human Rights Act 1993 Reprinted as at 3 September 2007 92D 92E 92F 92G 92H Tribunal may refer complaint back to Commission, or adjourn proceedings to seek resolution by settlement Civil proceedings arising from inquiry by Commission Proof of justiﬁed limits and exceptions Right of Attorney­General to
 appear in civil proceedings Right of Commission to appear in civil proceedings Remedies Remedies Remedy for enactments in breach of Part 1A Effect of declaration Costs 92I 92J 92K 92L 92M Damages 92N 92O Directions as to payment of damages in certain cases Tribunal may defer or modify remedies for breach of Part 1A or Part 2 or terms of settlement 92P Matters to be taken into account in exercising powers given by section 92O Monetary limits on remedies tribunal may grant 92Q Monetary limits on remedies Tribunal
 may grant Granting of remedies by high court on reference from tribunal 92R 92S 92T 92U Tribunal to refer granting of remedies to High Court Further provisions on reference to High Court High Court decides remedies on reference from Tribunal High Court’s decision on remedies to be included in, and given effect to as part of, Tribunal’s determination Abandonment or agreement to bring claim within tribunal’s jurisdiction 92V Abandonment to enable Tribunal to make award of damages 92W Extension of jurisdiction by agreement between parties Part 4 Human Rights Review Tribunal 93 Human Rights Review Tribunal Functions and powers of Tribunal Functions of Tribunal Power to make interim order Review of interim orders 94 95 96 6 82 83 84 84 85 86 87 88 88 89 90 91 92 93 94 94 95 95 96 96 97 97 97 98 Reprinted as at 3 September 2007 Human Rights Act 1993 97 Power in respect of exception for genuine occupational qualiﬁcation or genuine justiﬁcation Constitution of Tribunal 98 99 99A 100 101 102 103 Membership of Tribunal Chairpersons of Tribunal Criteria and requirement for appointment of Chairpersons Appointment and term of ofﬁce Panel Deputy Chairperson Vacation of ofﬁce by Chairperson and Deputy Chairperson Procedure of Tribunal 104 105 106 107 Service of summons Sittings of Tribunal Substantial merits Evidence in proceedings before Tribunal Sittings to be held in public except in special circumstances 108 Persons entitled to be heard 108A Tribunal to give notice of
 proceedings 108B Submissions in relation to remedies 109 Witness summons 110 111 Witnesses’ allowances 112 113 114 115 116 117 118 119 120 121 122 122A Removal to High Court of proceedings or issue 122B Proceedings or issue removed to High Court 123 124 125 126 Privileges and immunities Non­attendance or refusal to co­operate Power to commit for contempt Tribunal may dismiss trivial, etc, proceedings Reasons to be given Seal of Tribunal Members of Tribunal not personally liable Fees of members of Tribunal
 Services for Tribunal Enforcement Stating case for High Court Appeals to High Court Appeal to Court of Appeal on a question of law Costs of appeal Additional members of High Court for purposes of Act Human Rights Act 1993 Reprinted as at 3 September 2007 Part 5 Powers in relation to inquiries 126A Evidence order Evidence 127 Protection and privileges of witnesses, etc 128 Disclosure of certain matters not to be required 129 Proceedings privileged 130 Part 6 Inciting racial disharmony 131 132 Inciting racial disharmony No prosecution without Attorney­General’s consent Part 7 Miscellaneous provisions Licences and registration 133 Access by the public to places, vehicles, and facilities 134 No prosecution without Attorney­General’s consent 135 Condition in restraint of marriage 136 Advisors to be ofﬁcials 137 No adverse statement 138 Restriction on delegation 139 Delegation of powers by certain Commissioners 140 141 Annual report [Repealed] 141A Certain acts not to be questioned 142 Money to be appropriated by Parliament for purposes of this Act [Repealed] Offences Regulations Related amendments to other enactments [Repealed] Repeals [Repealed] Revocation [Repealed] 143 144 145 146 147 Transitional provisions Former ofﬁce of Commissioner abolished 148 148A Certain former Commissioners to be transitional members of Commission
 Race Relations Conciliator 148B Assets and liabilities vest in Commission 148C References to Race Relations Conciliator 148D Proceedings 148E Commission to arrange ﬁnal audited accounts Reprinted as at 3 September 2007 Human Rights Act 1993 148F All employees transferred to Commission Proceedings Commissioner 148G Proceedings Commissioner 148H References to Proceedings Commissioner 148I 148J
 Proceedings to which Proceedings Commissioner party Complaints referred to Proceedings Commissioner for decision as to proceedings 148K Transfer of employees from Commission to Ofﬁce Complaints Division 148L Complaints Division abolished 148M Outstanding complaints to be dealt with by Commission under new procedure 148N Breaches of Part 1A 148O Complaints about breaches of Part 1A Savings 149 150 151 152 153 Special provisions in relation to written employment contracts in force on 1 April 1992 Charitable instruments Other enactments and actions not affected [Repealed] Expiry of section 151 [Repealed] Savings Schedule 1 Administrative provisions applying in respect of commission Schedule 2 Administrative provisions applying in respect of ofﬁce of human rights proceedings Schedule 3 Enactments repealed [Repealed] 131 132 132 132 133 134 134 135 135 135 136 136 137 137 137 138 142 145 An Act to consolidate and amend the Race Relations Act 1971 and the Human Rights Commission Act 1977 and to provide better protection of human rights in New Zealand in general accordance with United Nations Covenants or Conventions on Human Rights.
9 s 1 Human Rights Act 1993 Reprinted as at 3 September 2007 BE IT ENACTED by the Parliament of New Zealand as follows: Short Title and commencement This Act may be cited as the Human Rights Act 1993.

This Act shall come into force on the 1st day of February 1994.
Interpretation In this Act, unless the context otherwise requires,— act includes an activity, condition, enactment, policy, practice, or requirement Chief Commissioner means the Commissioner appointed as the Chief Human Rights Commissioner under section 8(1)(a) Commission means the Human Rights Commission continued by section 4 and includes the Ofﬁce of Human Rights Proceedings Commission: this deﬁnition was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by inserting “and includes the Ofﬁce of Human Rights Proceedings” after “continued by section 4”.
Commissioner means a member of the Commission Director of Human Rights Proceedings or Director means the Director of Human Rights Proceedings or alternate Director of Human Rights Proceedings appointed under section 20A dispose, in sections 53 and 54, includes sell, assign, lease, let, sublease, sublet, license, or mortgage, and agree to dispose dispute resolution meeting means a meeting of the kind referred to in section 77(2)(c) dispute resolution services includes the provision of answers to questions by members of the public about discrimination and compliance with this Act employer, in Part 2, includes— (a) (b) the employer of an independent contractor; and the person for whom work is done by contract workers under a contract between that person and the person who supplies those contract workers; and (c) the person for whom work is done by an unpaid worker employment agreement has the meaning given to that term by section 5 of the Employment Relations Act 2000 1 (1) (2) 2 (1) 10 Reprinted as at 3 September 2007 Human Rights Act 1993 s 2 employment contract has the meaning given to that term by section 2 of the Employment Contracts Act 1991 Equal Employment Opportunities Commissioner means the Commissioner appointed as the Equal Employment Opportunities Commissioner under section 8(1)(c) General manager means the General manager of the Commission appointed by the Chief Commissioner under section 18; and includes any acting general manager of the Commission Human Rights Review Tribunal or Tribunal means the
 Tribunal continued by section 93 Minister means the Minister of Justice Ofﬁce of Human Rights Proceedings or Ofﬁce means the ofﬁce referred to in section 20 prohibited ground of discrimination has the meaning given to it by section 21 Race Relations Commissioner means the Commissioner appointed as the Race Relations Commissioner under section 8(1)(b) relative, in relation to any person, means any other person who— (a) is related to the person by blood, marriage, civil union, de facto relationship, afﬁnity, or adoption; or is wholly or mainly dependent on the person; or is a member of the person’s household (b) (c) relative: paragraph (a) of this deﬁnition was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by inserting “civil union, de facto relationship,” after “marriage,”.
residential accommodation, in sections 53 and 54, includes accommodation in a dwellinghouse, ﬂat, hotel, motel, boardinghouse, or camping ground superannuation scheme means any superannuation scheme, fund, or plan, or any provident fund, set up to confer, on its members or other persons, retirement or other beneﬁts, such as accident, disability, sickness, or death beneﬁts trustees, in relation to a superannuation scheme, includes the person or persons appointed to administer a superannuation 11 s 3 Human Rights Act 1993 Reprinted as at 3 September 2007 scheme constituted under an Act of Parliament of New Zealand.
(2) Unless the context otherwise requires, every reference in this Act to a complaint alleging a breach of 1 or more Parts of this Act includes a complaint that appears to allege or concern such a breach (whether or not it refers to the relevant Part in question).

(3) Unless the context otherwise requires, every reference in this Act to a person against whom a complaint is made includes a body of any kind against whom a complaint is made.
Compare: 1977 No 49 ss 2, 15(13), 25(5); 1983 No 56 s 4(4); 1992 No 16 s 2(3); 1993 No 35 s 3(3) Employment agreement: this deﬁnition was inserted, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).

Section 2 was substituted, as from 1 January 2002, by section 3 Human Rights Amendment Act 2001 (2001 No 96).

3 Act to bind the Crown This Act shall bind the Crown.
Compare: 1971 No 150 s 2; 1977 No 49 s 3 Part 1 Human Rights Commission (2) 4 (1) Continuation of Human Rights Commission There shall continue to be a Human Rights Commission, which shall be the same body as the Human Rights Com­ mission established under section 4 of the Human Rights Commission Act 1977.

The Commission is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
The Crown Entities Act 2004 applies to the Commission ex­ cept to the extent that this Act expressly provides otherwise.
(4) Despite anything in any other Act, the powers of the Com­ mission under sections 16 and 17 of the Crown Entities Act 2004 may be exercised only— (a) by persons authorised by or under this Act or the Crown Entities Act 2004 to perform functions of the Commis­ sion, for the purposes of performing those functions; or (3) 12 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 1 s 5 (b) by the Director of Human Rights Proceedings, his or her alternate, or the staff of the Ofﬁce of Human Rights Pro­ ceedings (acting in accordance with directions issued by the Director or his or her alternate), for the purposes of exercising or performing a function, power, or duty of the Director under this Act.
Compare: 1977 No 49 s 4 Subsections (2) and (3) were substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Subsection (4) was inserted, as from 1 January 2002, by section 4 Human Rights Amendment Act 2001 (2001 No 96).
Subsection (4) was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by substituting “Despite anything in any other Act, the powers of the Commission under sections 16 and 17 of the Crown En­ tities Act 2004 may be exercised only” for “The capacities, rights, and powers referred to in subsections (2) and (3) may be exercised only”.
Subsection (4)(a) was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by inserting “or the Crown Entities Act 2004” after “under this Act”.

Functions and powers of Commission The heading “Functions and powers of Commission” was substituted, as from 1 January 2002, by section 5 Human Rights Amendment Act 2001 (2001 No 96) for the heading “Functions and Powers of Commission”.
5 (1) (2) Functions of Commission The primary functions of the Commission are— (a) to advocate and promote respect for, and an understand­ ing and appreciation of, human rights in New Zealand society; and to encourage the maintenance and development of har­ monious relations between individuals and among the diverse groups in New Zealand society.
(b) The Commission has, in order to carry out its primary func­ tions under subsection (1), the following functions: (a) to be an advocate for human rights and to promote and protect, by education and publicity, respect for, and ob­ servance of, human rights: to encourage and co­ordinate programmes and activities in the ﬁeld of human rights: (b) 13 Part 1 s 5 Human Rights Act 1993 Reprinted as at 3 September 2007 (c) (d) (e) (f) (g) (h) (i) (j) (k) to make public statements in relation to any matter af­ fecting human rights, including statements promoting an understanding of, and compliance with, this Act or the New Zealand Bill of Rights Act 1990 (for example, statements promoting understanding of measures to en­ sure equality, of indirect discrimination, or of institu­ tions and procedures under this Act for dealing with complaints of unlawful discrimination): to promote by research, education, and discussion a bet­ ter understanding of the human rights dimensions of the Treaty of Waitangi and their relationship with domestic and international human rights law: to prepare and publish, as the Commission considers ap­ propriate, guidelines and voluntary codes of practice for the avoidance of acts or practices that may be inconsist­ ent with, or contrary to, this Act: to receive and invite representations from members of the public on any matter affecting human rights: to consult and co­operate with other persons and bodies concerned with the protection of human rights: to inquire generally into any matter, including any enactment or law, or any practice, or any procedure, whether governmental or non­governmental, if it ap­ pears to the Commission that the matter involves, or may involve, the infringement of human rights: to appear in or bring proceedings, in accordance with section 6 or section 92B or section 92E or section 92H or section 97: to apply to a court or tribunal, under rules of court or regulations specifying the tribunal’s procedure, to be appointed as intervener or as counsel assisting the court or
 tribunal, or to take part in proceedings before the court or tribunal in another way permitted by those rules or regulations, if, in the Commission’s opinion, taking part in the proceedings in that way will facilitate the performance of its functions stated in paragraph (a) of this subsection: to report to the Prime Minister on— 14 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 1 s 5 (i) (ii) (iii) including any matter affecting human rights, the desirability of legislative, administrative, or other action to give better protection to human rights and to ensure better compliance with stan­ dards laid down in international instruments on human rights: the desirability of New Zealand becoming bound by any international instrument on human rights: the implications of any proposed legislation (in­ cluding subordinate legislation) or proposed pol­ icy of the Government that the Commission con­ siders may affect human rights: to make public statements in relation to any group of persons in, or who may be coming to, New Zealand who are or may be subject to hostility, or who have been or may be brought into contempt, on the basis that that group consists of persons against whom discrimination is unlawful under this Act: to develop a national plan of action, in consultation with interested parties, for the promotion and protection of human rights in New Zealand: (n) to exercise or perform any other functions, powers, and duties conferred or imposed on it by or under this Act or any other enactment.
(l) (m) (o) (3) The Commission may, in the public interest or in the interests of a person, department, or organisation, publish reports relat­ ing generally to the exercise of its functions under this Act or to a particular inquiry by it under this Act, whether or not the matters to be dealt with in a report of that kind have been the subject of a report to the Minister or the Prime Minister.
Compare: 1977 No 49 ss 5(1), (3), (5), 6(1), (2), 28A, 78(1); 1977 No 49 ss 78(1), 86 Sections 5 to 13 were substituted, as from 1 January 2002, by section 5 Human Rights Amendment Act 2001 (2001 No 96).

The heading to section 5 was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by omitting “and powers”.

Subsection (2)(n) was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
15 Part 1 s 6 Human Rights Act 1993 Reprinted as at 3 September 2007 Powers relating to declaratory judgments If at any time the Commission considers that it may be de­ sirable to obtain a declaratory judgment or order of the High Court in accordance with the Declaratory Judgments Act 1908, the Commission may, despite anything to the contrary in that Act or any other enactment or rule of law, institute proceed­ ings under that Act.
The Commission may exercise the right in subsection (1) only if it considers that the exercise of the right will facilitate the performance of its functions stated in section 5(2)(a).

Subsection (1) does not limit the ability of the Commission to appear in or bring proceedings under section 92B or section 92E or section 92H or section 97.

Compare: 1977 No 49 s 5A; 1983 No 56 s 3 Sections 5 to 13 were substituted, as from 1 January 2002, by section 5 Human Rights Amendment Act 2001 (2001 No 96).
Activities in performance of Commission’s functions The heading “Activities in performance of Commission’s functions” was sub­ stituted, as from 1 January 2002, by section 5 Human Rights Amendment Act 2001 (2001 No 96) for the heading “Membership of Commission”.
Commission determines general nature of activities Subject to the role of the Minister in the process of setting and monitoring the strategic direction and targets of the Commis­ sion under Part 4 of the Crown Entities Act 2004, the members of the Commission acting together determine the strategic di­ rection and the general nature of activities undertaken in the performance of the Commission’s functions.
The Chief Commissioner is responsible to the Commission for ensuring that activities undertaken in the performance of the Commission’s functions are not inconsistent with determin­ ations of the Commission.

Subsection (3) was inserted, as from 15 December 1994, by section 2 Human Rights Amendment Act (No 2) 1994 (1994 No 151).

Sections 5 to 13 were substituted, as from 1 January 2002, by section 5 Human Rights Amendment Act 2001 (2001 No 96).
Subsection (1) was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by substituting “Subject to the role of the 6 (1) (2) (3) 7 (1) (2) 16 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 1 s 9 Minister in the process of setting and monitoring the strategic direction and targets of the Commission under Part 4 of the Crown Entities Act 2004, the members” for “The members”.
Membership of Commission 8 (1) (2) (3) (4) 9 (1) Membership of Commission The Commission consists of the following Human Rights Commissioners: (a) a Commissioner appointed as the Chief Commissioner, whose ofﬁce is a full­time one: a Commissioner appointed as the Race Relations Com­ missioner, whose ofﬁce is also a full­time one: a Commissioner appointed as the Equal Employment Opportunities Commissioner, whose ofﬁce is also a full­ time one: (b) (c) (d) No more than 5 other Commissioners, whose ofﬁces are each part­time ones.
The Commissioners are the board for the purposes of the Crown Entities Act 2004.

The Chief Commissioner holds ofﬁce as chairperson of the board for the purposes of the Crown Entities Act 2004 for the same term as he or she is Chief Commissioner.

Clauses 1 to 5 of Schedule 5 of the Crown Entities Act 2004 do not apply to the Commission.
Compare: 1977 No 49 s 7(1)(a), (c), (ca), (d), (2); 1983 No 56 s 4(1), (2); 1991 No 132 s 3(1); 1993 No 35 s 2 Sections 5 to 13 were substituted, as from 1 January 2002, by section 5 Human Rights Amendment Act 2001 (2001 No 96).

See section 2(2) of that Act as to section 8(1)(c) coming into force on 1 July 2002.

Subsections (2) and (3) were substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Subsection (4) was inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Alternate Commissioners The Governor­General may, on the recommendation of the Minister, appoint as alternate Commissioners persons who may be designated as the alternate of a Commissioner by either the Minister under subsection (2) or the Chief Commis­ sioner under subsection (3).
17 Part 1 s 9 Human Rights Act 1993 Reprinted as at 3 September 2007 (2) (3) The Minister may designate a Commissioner or an alternate Commissioner to act as the Chief Commissioner— (a) during the period following the resignation of the Chief Commissioner and ending when the Chief Commis­ sioner’s successor comes into ofﬁce; or during the Chief Commissioner’s incapacity or in re­ spect of a particular function or activity of the Commis­ sion, as the case may be, if— (i) (b) the Minister is satisﬁed that the Chief Commis­ sioner is incapacitated by illness, absence, or other sufﬁcient cause from performing the duties of his or her ofﬁce; or the Chief Commissioner considers it is not proper or desirable that he or she should participate in the function or activity.
(ii) The Chief Commissioner may designate an alternate Commis­ sioner to act as a Commissioner during the period the Chief Commissioner is acting as Chief Commissioner, or during the period of the Commissioner’s incapacity, or in respect of a par­ ticular function or activity of the Commission, as the case may be, if— (a) the Chief Commissioner is a Commissioner acting as the Chief Commissioner under a designation under sub­ section (2); or the Chief Commissioner is satisﬁed that any other Com­ missioner is incapacitated by illness, absence, or other sufﬁcient cause from performing the duties of his or her ofﬁce; or a Judge who is for the time being holding ofﬁce as a Commissioner declines to participate in, or withdraws from participation in, the particular function or activity of the Commission under section 20C(2); or any other Commissioner considers it is not proper or desirable that he or she should participate in the function or activity of the Commission.
(b) (c) (d) (4) An alternate Commissioner designated under subsection (2) or subsection (3) must, while the alternate Commissioner acts as Chief Commissioner or as a Commissioner, be taken to be the 18 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 1 s 10 Chief Commissioner or the Commissioner in whose place the alternate Commissioner acts.
(5) No designation of an alternate Commissioner, and no act done by an alternate Commissioner, and no act done by the Com­ mission while any alternate Commissioner is acting, may in any proceedings be questioned on the ground that the occasion for the alternate Commissioner’s designation had not arisen or had ceased.

Compare: 1977 No 49 s 7B; 1985 No 23 s 2 Sections 5 to 13 were substituted, as from 1 January 2002, by section 5 Human Rights Amendment Act 2001 (2001 No 96).
10 Meetings of Commission (1) (2) The Race Relations Commissioner may, at any time, call a special meeting of the Commission.

Subsection (2) applies in addition to clause 7(2) of Schedule 5 of the Crown Entities Act 2004.

(3) (4) (5) (6) (7) (8) Compare: 1977 No 49 s 10 Sections 5 to 13 were substituted, as from 1 January 2002, by section 5 Human Rights Amendment Act 2001 (2001 No 96).

Subsection (1) was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Subsection (2) was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by omitting “Chairperson, the” and the words “, or any 4 Commissioners,”.

Subsection (3) was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Subsections (4) to (8) were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
19 Part 1 s 11 Human Rights Act 1993 Reprinted as at 3 September 2007 Criteria for appointment 11 (1) Criteria for appointment In recommending persons for appointment as Commissioners or alternate Commissioners, the Minister must have regard to the need for Commissioners and alternate Commissioners ap­ pointed to have among them— (a) knowledge of, or experience in,— (i) different aspects of matters likely to come before the Commission: (ii) New Zealand law, or the law of another country, (iii) (iv) (v) or international law, on human rights: the Treaty of Waitangi and rights of indigenous peoples: current economic, employment, or social issues: cultural issues and the needs and aspirations (in­ cluding life experiences) of different communi­ ties of interest and population groups in New Zealand society: skills in, or experience in,— (i) (ii) advocacy or public education: business, commerce, economics, industry, or ﬁ­ nancial or personnel management: community affairs: public administration, or the law relating to pub­ lic administration: (iii) (iv) (b) (1A) Subsection (1) does not limit section 29 of the Crown Entities Act 2004.
(2) Nothing in this section limits section 12 section 13 or section 14.

Compare: 1977 No 49 s 7(3); 1985 No 23 s 3(1) Sections 5 to 13 were substituted, as from 1 January 2002, by section 5 Human Rights Amendment Act 2001 (2001 No 96).

Subsection (1A) was inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Subsection (2) was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by substituting “section 13 or section 14” for “or section 13”.
20 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 1 s 13 12 13 Further criteria for appointment of Chief Commissioner In recommending a person for appointment as Chief Commis­ sioner, the Minister must have regard not only to the criteria stated in section 11 but also to the person’s— (a) ability to provide leadership in relation to the perform­ ance of the functions of the Commission (for example, being an advocate for, and promoting, by education and publicity, respect for and observance of human rights): ability to represent the Commission, and to create and maintain effective relationships between it and other persons or bodies: knowledge of New Zealand law, the law of other coun­ tries, and international law, on human rights, and of New Zealand’s obligations under international instru­ ments on human rights: appreciation of issues or trends in human rights aris­ ing in other countries or internationally, and of the rele­ vance of those issues or trends for New Zealand: ability to perform the functions stated in section 15.
(e) 5 to 13 were substituted, as from 1 January 2002, by section 5 Human Rights Amendment Act 2001 (2001 No 96).
(b) (c) (d) Further criteria for appointment of Race Relations Commissioner In recommending a person for appointment as Race Relations Commissioner, the Minister must have regard not only to the criteria stated in section 11 but also to the person’s— (a) understanding of current race relations in New Zealand, and of the origins and development of those relations: appreciation of issues or trends in race relations aris­ ing in other countries or internationally, and of the rele­ vance of those issues or trends for New Zealand: ability to perform the functions stated in section 16.
(c) Sections 5 to 13 were substituted, as from 1 January 2002, by section 5 Human Rights Amendment Act 2001 (2001 No 96).
(b) 21 Part 1 s 14 Human Rights Act 1993 Reprinted as at 3 September 2007 Further criteria for appointment of Equal Employment Opportunities Commissioner In recommending a person for appointment as the Equal Employment Opportunities Commissioner, the Minister must have regard not only to the criteria stated in section 11 but also to the person’s— (a) understanding of principles relating to equal employ­ ment opportunities: appreciation of issues, trends, and developments in the promotion of equal employment opportunities in other countries and internationally, and the relevance of those issues, trends, or developments in New Zealand: ability to perform the functions stated in section 17.
(c) Section 14 was substituted, as from 1 July 2002, by section 5 Human Rights Amendment Act 2001 (2001 No 96).

See section 2(2) of that Act.
(b) Functions of Commissioners Functions of Chief Commissioner The Chief Commissioner has the following functions: (a) to chair the Commission, and lead discussions of the Commission (except when the Commission has discus­ sions on matters of race relations): to ensure that activities undertaken in the performance of the Commission’s functions are consistent with the strategic direction and other determinations of the Com­ mission under section 7: to allocate spheres of responsibility among the Com­ missioners, and to determine the extent to which Com­ missioners engage in activities undertaken in the per­ formance of the Commission’s functions (except for those stated in section 76), but in each case only after consultation with the Minister: to act jointly with the Race Relations Commissioner on matters of race relations arising in the course of ac­ tivities undertaken in the performance of the Commis­ sion’s functions and to carry out the functions conferred on the Chief Commissioner by section 16(c) and (d): to act jointly with the Equal Employment Opportun­ ities Commissioner on matters concerning equal em­ (b) (c) (d) (e) 14 15 (1) 22 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 1 s 16 ployment opportunities arising in the course of activ­ ities undertaken in the performance of the Commis­ sion’s functions, and to carry out the functions conferred on the Chief Commissioner by section 17(g): to supervise and liaise with the General manager on matters of administration in relation to the Commission and on the activities undertaken in the performance of the Commission’s functions: any other functions, powers, or duties conferred or im­ posed on him or her by or under this Act or any other enactment.
(f) (g) (2) Subsection (1)(d) and (e) is subject to section 7(2).

Compare: 1977 No 49 s 7(1)(a), (5) Sections 15 and 16 were substituted, as from 1 January 2002, by section 5 Human Rights Amendment Act 2001 (2001 No 96).
16 Functions of Race Relations Commissioner The Race Relations Commissioner has the following func­ tions: (a) (b) (c) (d) (e) to lead discussions of the Commission in relation to matters of race relations: to provide advice and leadership on matters of race re­ lations arising in the course of activities undertaken in the performance of the Commission’s functions, both when engaging in those activities and otherwise when consulted: to ensure, acting jointly with the Chief Commissioner, that activities undertaken in the performance of the Commission’s functions in matters of race relations are consistent with the strategic direction and other determinations of the Commission under section 7: to supervise and liaise with the General manager, act­ ing jointly with the Chief Commissioner, on the ac­ tivities undertaken in the performance of the Commis­ sion’s functions in matters of race relations: any other functions, powers, or duties conferred or im­ posed on him or her by or under this Act or any other enactment.
Compare: 1971 No 150 s 13; 1977 No 49 s 86 23 Part 1 s 17 Human Rights Act 1993 Reprinted as at 3 September 2007 Sections 15 and 16 were substituted, as from 1 January 2002, by section 5 Human Rights Amendment Act 2001 (2001 No 96).
Functions of Equal Employment Opportunities Commissioner The Equal Employment Opportunities Commissioner has the following functions: (a) (b) (c) (d) (e) (f) (g) to lead discussions of the Commission about equal em­ ployment opportunities (including pay equity): to provide advice and leadership on equal employment opportunities arising in the course of activities under­ taken in the performance of the Commission’s func­ tions, both when engaging in those activities and other­ wise when consulted: to evaluate, through the use of benchmarks developed by the Commissioner, the role that legislation, guide­ lines, and voluntary codes of practice play in facilitat­ ing and promoting best practice in equal employment opportunities: to lead development of guidelines and voluntary codes of practice to facilitate and promote best practice in equal employment opportunities (including codes that identify related rights and obligations in legislation), in accordance with section 5(2)(e): to monitor and analyse progress in improving equal em­ ployment opportunities in New Zealand, and to report to the Minister on the results of that monitoring and ana­ lysis: to liaise with, and complement the work of, any trust or body that has as 1 of its purposes the promotion of equal employment opportunities (including pay equity): to ensure, acting jointly with the Chief Commissioner, that activities undertaken in the performance of the Commission’s functions in matters of equal employ­ ment opportunities are consistent with the strategic direction and other determinations of the Commission under section 7: 17 24 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 1 s 19 (h) any other functions, powers, or duties conferred or im­ posed on him or her by or under this Act or any other enactment.
Section 17 was substituted, as from 1 July 2002, by section 5 Human Rights Amendment Act 2001 (2001 No 96).

See section 2(2) of that Act.

General manager and staff of Commission 18 (1) (2) (3) 19 General manager and staff of Commission The General manager and staff of the Commission undertake activities required to perform the functions of the Commission in accordance with the strategic direction and other determin­ ations of the Commission under section 7.
The General manager— (a) is responsible to the Chief Commissioner and reports to him or her; and is appointed by the Chief Commissioner, in accordance with clause 1 of Schedule 1; and is the chief executive of the Commission for the pur­ poses of the Crown Entities Act 2004.

(b) (c) Employees of the Commission are responsible to the General manager and report to him or her.

Sections 18 to 20 were substituted, as from 1 January 2002, by section 5 Human Rights Amendment Act 2001 (2001 No 96).
Subsection (2)(b) was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by inserting “; and”.

Subsection (2)(c) was inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Commissioners to act independently Duty to act independently Except as expressly provided otherwise in this or another Act, the Commission must act independently in performing its statutory functions and duties, and exercising its statutory powers, under— (a) (b) this Act; and any other Act that expressly provides for the functions, powers, or duties of the Commission (other than the Crown Entities Act 2004).
25 Part 1 s 20 Human Rights Act 1993 Reprinted as at 3 September 2007 Sections 18 to 20 were substituted, as from 1 January 2002, by section 5 Human Rights Amendment Act 2001 (2001 No 96).

Section 19 was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
20 (1) (2) (3) Ofﬁce of Human Rights Proceedings Ofﬁce of Human Rights Proceedings The Ofﬁce of Human Rights Proceedings is part of the Com­ mission and is headed by the Director of Human Rights Pro­ ceedings or his or her alternate.

The staff of the Ofﬁce report to the Director or his or her alter­ nate, and help him or her to exercise or perform the functions, powers, and duties of the Director under this Act.
In exercising or performing the functions, powers, and duties of the Director, the Director or his or her alternate and the staff of the Ofﬁce must act independently from the Commission and Ministers of the Crown.

(4) However, the Director or his or her alternate is responsible to the Chief Commissioner for the efﬁcient, effective, and eco­ nomical administration of the activities of the Ofﬁce.
Sections 18 to 20 were substituted, as from 1 January 2002, by section 5 Human Rights Amendment Act 2001 (2001 No 96).

Director of Human Rights Proceedings 20A Director of Human Rights Proceedings (1) The Director of Human Rights Proceedings is appointed by the Governor­General on the recommendation of the Minister.
The Governor­General may, on the recommendation of the Minister, appoint as alternate Director of Human Rights Pro­ ceedings a person designated for appointment as alternate Dir­ ector by the Minister.
The Minister must not designate a person for appointment as alternate Director of Human Rights Proceedings unless— (a) the Minister is satisﬁed that the Director is incapacitated by illness, absence, or other sufﬁcient cause from per­ forming the duties of his or her ofﬁce; or (2) (3) 26 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 1 s 20C (b) the Director considers it is not proper or desirable that the Director should perform any particular duty of his or her ofﬁce.
Compare: 1977 No 49 s 7B; 1985 No 23 s 2 Sections 20A to 20H were inserted, as from 1 January 2002, by section 5 Human Rights Amendment Act 2001 (2001 No 96).
20B Criteria and requirement for appointment (1) In recommending a person for appointment as Director of Human Rights Proceedings or as his or her alternate, the Minister must have regard not only to the person’s attributes but also to the person’s— (a) knowledge of, or experience in,— (i) the different aspects of matters likely to come before the Human Rights Review Tribunal: (ii) New Zealand law, or the law of another country, (iii) or international law, on human rights: current economic, employment, or other social issues: (c) (b) skills in, or experience in, the practice of public law (including the conduct of litigation), and ﬁnancial and personnel management: ability to exercise or perform, and to ensure the Ofﬁce of Human Rights Proceedings helps the person to ex­ ercise or perform, efﬁciently and effectively, the func­ tions, powers, and duties of the Director under this Act.
Every person appointed as Director of Human Rights Proceed­ ings or as his or her alternate must be a barrister or solicitor of the High Court of not less than 5 years’ legal experience.

Compare: 1977 No 49 s 7(3); 1985 No 23 s 3(1) (2) Sections 20A to 20H were inserted, as from 1 January 2002, by section 5 Human Rights Amendment Act 2001 (2001 No 96).
Appointment of Judge as Human Rights Commissioner 20C Appointment of Judge as Human Rights Commissioner (1) The appointment of a Judge as a Commissioner or alternate Commissioner or service by a Judge as a Commissioner or al­ ternate Commissioner does not affect his or her tenure of ju­ 27 Part 1 s 20D Human Rights Act 1993 Reprinted as at 3 September 2007 dicial ofﬁce or his or her rank, title, status, precedence, salary, annual or other allowances, or other rights or privileges as a Judge (including those in relation to superannuation), and, for all purposes, his or her service as a Commissioner or alternate Commissioner must be taken to be service as a Judge.
(2) A Judge who is for the time being holding ofﬁce as a Commis­ sioner may, at any time, decline to participate in, or withdraw from participation in, any particular function or activity of the Commission if the Judge considers it incompatible with his or her judicial ofﬁce.

Compare: 1977 No 49 ss 7(5A), 7A; 1983 No 56 ss 4(3), 5; 1985 No 23 s 3(1) Sections 20A to 20H were inserted, as from 1 January 2002, by section 5 Human Rights Amendment Act 2001 (2001 No 96).
Provisions relating to ofﬁce holders 20D Ofﬁce holders to whom sections 20E to 20G apply (1) Sections 20F and 20G each applies to a person (the ofﬁce holder) who holds 1 of the following ofﬁces (the ofﬁce): (a) (b) Director of Human Rights Proceedings: alternate Director of Human Rights Proceedings.

(c) (d) (2) (3) Compare: 1983 No 56 s 6; 1985 No 23 s 3(1) Sections 20A to 20H were inserted, as from 1 January 2002, by section 5 Human Rights Amendment Act 2001 (2001 No 96).
Subsection (1) was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by substituting “Sections 20F and 20G” for “Sections 20E to 20G”.

Subsection (1)(a) and (b) was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Subsections (2) and (3) were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
20E Service in ofﬁce [Repealed] Sections 20A to 20H were inserted, as from 1 January 2002, by section 5 Human Rights Amendment Act 2001 (2001 No 96).

28 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 1 s 20H Section 20E was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
20F Term of ofﬁce The ofﬁce holder— (a) holds the ofﬁce for the term (not longer than 5 years) the Governor­General, on the recommendation of the Minister, speciﬁes in the person’s appointment; and (b) may, from time to time, be reappointed; and (c) unless he or she sooner vacates or no longer holds or is removed from the ofﬁce under section 20G, continues in it until his or her successor comes into it, even though the term for which he or she was appointed has expired.
Compare: 1971 No 150 s 12(1), (2); 1977 No 49 s 8; 1985 No 23 s 3(1) Sections 20A to 20H were inserted, as from 1 January 2002, by section 5 Human Rights Amendment Act 2001 (2001 No 96).
20G Vacation of ofﬁce The ofﬁce holder— (a) may resign from the ofﬁce by delivering to the Minister a notice in writing to that effect and stating when the resignation takes effect: ceases to hold ofﬁce if he or she dies: ceases to hold ofﬁce if he or she is, under the Insolvency Act 1967, adjudged bankrupt: (b) (c) (d) may, at any time, be removed from the ofﬁce by the Governor­General for incapacity affecting performance of duty, neglect of duty, or misconduct, proved to the satisfaction of the Governor­General.
Compare: 1971 No 150 s 12(3); 1977 No 49 s 9; 1985 No 23 s 3(1) Sections 20A to 20H were inserted, as from 1 January 2002, by section 5 Human Rights Amendment Act 2001 (2001 No 96).

Administrative provisions relating to Human Rights Commission and Ofﬁce of Human Rights Proceedings 20H Administrative provisions set out in Schedules 1 and 2 Schedule 1 applies in respect of the Commission.

(1) Schedule 2 applies in respect of the Ofﬁce.


(2) 29 Part 1A s 20I Human Rights Act 1993 Reprinted as at 3 September 2007 Sections 20A to 20H were inserted, as from 1 January 2002, by section 5 Human Rights Amendment Act 2001 (2001 No 96).

Part 1A Discrimination by Government, related persons and bodies, or persons or bodies acting with legal authority Part 1A (sections 20I to 20L) was inserted, as from 1 January 2002, by section 6 Human Rights Amendment Act 2001 (2001 No 96).
20I Purpose of this Part The purpose of this Part is to provide that, in general, an act or omission that is inconsistent with the right to freedom from discrimination afﬁrmed by section 19 of the New Zealand Bill of Rights Act 1990 is in breach of this Part if the act or omis­ sion is that of a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990.

Part 1A (sections 20I to 20L) was inserted, as from 1 January 2002, by section 6 Human Rights Amendment Act 2001 (2001 No 96).
20J Acts or omissions in relation to which this Part applies (1) This Part applies only in relation to an act or omission of a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990, namely— (a) the legislative, executive, or judicial branch of the Gov­ ernment of New Zealand; or a person or body in the performance of any public func­ tion, power, or duty conferred or imposed on that person or body by or pursuant to law.
(b) (2) Despite subsection (1), this Part does not apply in relation to an act or omission that is unlawful under any of sections 22, 23, 61 to 63, and 66.

If this Part applies in relation to an act or omission, Part 2 does not apply to that act or omission.

(3) (4) Nothing in this Part affects the New Zealand Bill of Rights Act 1990.

Part 1A (sections 20I to 20L) was inserted, as from 1 January 2002, by section 6 Human Rights Amendment Act 2001 (2001 No 96).
30 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 1A s 20L 20K Purposes for which section 20L applies Section 20L applies only for the purposes of— (a) (b) (c) (d) (e) (f) any inquiry undertaken by the Commission under sec­ tion 5(2)(h): the assessment, consideration, mediation, or determin­ ation of a complaint under Part 3: any determination made by the Director under Part 3 concerning the provision of representation in pro­ ceedings before the Human Rights Review Tribunal: any determination made in proceedings before the Human Rights Review Tribunal or in any proceedings in any court on an appeal from a decision of that Tri­ bunal: any determination made by any court or tribunal in pro­ ceedings brought under this Act by the Commission: any other process or proceedings commenced or con­ ducted under Part 3: any related matter.
(g) Part 1A (sections 20I to 20L) was inserted, as from 1 January 2002, by section 6 Human Rights Amendment Act 2001 (2001 No 96).

(2) 20L Acts or omissions in breach of this Part (1) An act or omission in relation to which this Part applies (in­ cluding an enactment) is in breach of this Part if it is incon­ sistent with section 19 of the New Zealand Bill of Rights Act 1990.
For the purposes of subsection (1), an act or omission is incon­ sistent with section 19 of the New Zealand Bill of Rights Act 1990 if the act or omission— (a) limits the right to freedom from discrimination afﬁrmed by that section; and is not, under section 5 of the New Zealand Bill of Rights Act 1990, a justiﬁed limitation on that right.

(b) (3) To avoid doubt, subsections (1) and (2) apply in relation to an act or omission even if it is authorised or required by an enactment.
Part 1A (sections 20I to 20L) was inserted, as from 1 January 2002, by section 6 Human Rights Amendment Act 2001 (2001 No 96).
31 Part 2 s 21A Human Rights Act 1993 Reprinted as at 3 September 2007 Part 2 Unlawful discrimination Application of Part to persons and bodies referred to in section 3 of New Zealand Bill of Rights Act 1990 21A Application of this Part limited if section 3 of New (1) (2) Zealand Bill of Rights Act 1990 applies The only provisions of this Part that apply to an act or omission of a person or body described in subsection (2) are— (a) sections 21 to 35 (which relate to discrimination in employment matters), 61 to 64 (which relate to racial disharmony, and social and racial harassment) and 66 (which relates to victimisation); and sections 65 and 67 to 74, but only to the extent that those sections relate to conduct that is unlawful under any of the provisions referred to in paragraph (a).
(b) The persons and bodies referred to in subsection (1) are the ones referred to in section 3 of the New Zealand Bill of Rights Act 1990, namely— (a) the legislative, executive, and judicial branches of the Government of New Zealand; and every person or body in the performance of any public function, power, or duty conferred or imposed on that person or body by or pursuant to law.

(b) Sections 21A and 21B were inserted, as from 1 January 2002, by section 7 Human Rights Amendment Act 2001 (2001 No 96).
Acts or omissions authorised or required by law 21B Relationship between this Part and other law (1) To avoid doubt, an act or omission of any person or body is not unlawful under this Part if that act or omission is authorised or required by an enactment or otherwise by law.

(2) Nothing in this Part affects the New Zealand Bill of Rights Act 1990.

Sections 21A and 21B were inserted, as from 1 January 2002, by section 7 Human Rights Amendment Act 2001 (2001 No 96).
32 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 2 s 21 Prohibited grounds of discrimination 21 (1) Prohibited grounds of discrimination For the purposes of this Act, the prohibited grounds of dis­ crimination are— (a) (b) marital status, which means being— Sex, which includes pregnancy and childbirth: single; or (i) (ii) married, in a civil union, or in a de facto relation­ (iii) (iv) (v) ship; or the surviving spouse of a marriage or the surviv­ ing partner of a civil union or de facto relation­ ship; or separated from a spouse or civil union partner; or a party to a marriage or civil union that is now dissolved, or to a de facto relationship that is now ended: (c) (d) (e) (f) (g) Religious belief: Ethical belief, which means the lack of a religious be­ lief, whether in respect of a particular religion or reli­ gions or all religions: Colour: Race: Ethnic or national origins, which includes nationality or citizenship: (h) Disability, which means— Physical disability or impairment: Physical illness: (i) (ii) (iii) Psychiatric illness: (iv) Intellectual or psychological disability or impair­ ment: (v) Any other loss or abnormality of psychological, physiological, or anatomical structure or func­ tion: (vi) Reliance on a guide dog, wheelchair, or other remedial means: (vii) The presence in the body of organisms capable of causing illness: (i) Age, which means,— 33 Part 2 s 21 Human Rights Act 1993 Reprinted as at 3 September 2007 (i) (ii) For the purposes of sections 22 to 41 and sec­ tion 70 of
 this Act and in relation to any different treatment based on age that occurs in the period beginning with the 1st day of February 1994 and ending with the close of the 31st day of Janu­ ary 1999, any age commencing with the age of 16 years and ending with the date on which per­ sons of the age of the person whose age is in issue qualify for national superannuation under section 7 of the New Zealand Superannuation and Retirement Income Act 2001 (irrespective of whether or not the particular person qualiﬁes for
 national superannuation at that age or any other age): For the purposes of sections 22 to 41 and section 70 of this Act and in relation to any different treatment based on age that occurs on or after the 1st day of February 1999, any age commencing with the age of 16 years: (iii) For the purposes of any other provision of Part 2 of this Act, any age commencing with the age of 16 years: Political opinion, which includes the lack of a particular political opinion or any political opinion: Employment status, which means— Being unemployed; or (i) Being a recipient of a beneﬁt under the Social (ii) Security Act 1964 or an entitlement under the Injury Prevention, Rehabilitation, and Compensation Act 2001: Family status, which means— (i) Having the responsibility for part­time care or full­time care of children or other dependants; or (ii) Having no responsibility for the care of children or other dependants; or (iii) Being married to, or being in a civil union or de facto relationship with, a particular person; or (iv) Being a relative of a particular person: (j) (k) (l) 34 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 2 s 22 (m) Sexual orientation, which means a heterosexual, homo­ sexual, lesbian, or bisexual orientation.
(2) Each of the grounds speciﬁed in subsection (1) of this section is a prohibited ground of discrimination, for the purposes of this Act, if— (a) It pertains to a person or to a relative or associate of a person; and It either— (i) (ii) Currently exists or has in the past existed; or Is suspected or assumed or believed to exist or to have existed by the person alleged to have dis­ criminated.
(b) Subsection (1)(b) was substituted, as from 26 April 2005, by section 7 Rela­ tionships (Statutory References) Act 2005 (2005 No 3).

Subsection (1)(i) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001”.
Subsection (1)(i)(i) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by substituting, the words “under section 7 of the New Zealand Superannuation Act 2001” for “under section 3 of the Social Welfare (Transitional Provisions) Act 1990”.

Subsection (1)(k)(ii) was substituted, as from 1 July 1999, by section 415(1) Accident Insurance Act 1998 (1998 No 114).
Subsection (1)(k)(ii) was amended, as from 1 April 2002, by section 337(1) In­ jury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49) by substituting “the Injury Prevention, Rehabilitation, and Compensation Act 2001” for “the Accident Insurance Act 1998”.

See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insurance.

See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.
Subsection (1)(l)(iii) was amended, as from 26 April 2005, by section 7 Rela­ tionships (Statutory References) Act 2005 (2005 No 3) by substituting “civil union or de facto relationship” for “relationship in the nature of a marriage”.
Discrimination in employment matters Employment 22 (1) Where an applicant for employment or an employee is qual­ iﬁed for work of any description, it shall be unlawful for an employer, or any person acting or purporting to act on behalf of an employer,— (a) To refuse or omit to employ the applicant on work of that description which is available; or 35 Part 2 s 23 Human Rights Act 1993 Reprinted as at 3 September 2007 (b) (c) (d) To offer or afford the applicant or the employee less favourable terms of employment, conditions of work, superannuation or other fringe beneﬁts, and opportun­ ities for training, promotion, and transfer than are made available to applicants or employees of the same or sub­ stantially similar capabilities employed in the same or substantially similar circumstances on work of that de­ scription; or To terminate the employment of the employee, or sub­ ject the employee to any detriment, in circumstances in which the employment of other employees employed on work of that description would not be terminated, or in which other employees employed on work of that de­ scription would not be subjected to such detriment; or To retire the employee, or to require or cause the em­ ployee to retire or resign,— by reason of any of the prohibited grounds of discrimination.
It shall be unlawful for any person concerned with procuring employment for other persons or procuring employees for any employer to treat any person seeking employment differently from other persons in the same or substantially similar circum­ stances by reason of any of the prohibited grounds of discrim­ ination.
Compare: 1977 No 49 s 15(1), (2); 1992 No 16 s 3 Particulars of applicants for employment It shall be unlawful for any person to use or circulate any form of application for employment or to make any inquiry of or about any applicant for employment which indicates, or could reasonably be understood as indicating, an intention to commit a breach of section 22 of this Act.
Compare: 1977 No 49 s 18; 1992 No 16 s 7 Exceptions in relation to employment matters Exception in relation to crews of ships and aircraft Nothing in section 22 of this Act shall apply to the employ­ ment or an application for employment of a person on a ship or aircraft, not being a New Zealand ship or aircraft, if the per­ (2) 23 24 36 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 2 s 26 son employed or seeking employment was engaged or applied for it outside New Zealand.
Compare: 1977 No 49 s 15(8) Exception in relation to work involving national security 25 (1) Nothing in section 22 of this Act shall apply to any restrictions on the employment of any person on work involving the na­ tional security of New Zealand— By reference to his or her— (a) (i) (ii) (iii) Disability, within the meaning of Religious or ethical belief; or Political opinion; or section 21(1)(h)(iii) or section 21(1)(h)(iv) of this Act; or Family status, within the meaning of section 21(1)(l)(iii) or section 21(1)(l)(iv) of this Act; or (iv) (2) 26 (b) (v) National origin; or By reference to the national origin of any relative of that person.
It shall not be a breach of section 22 of this Act to decline to employ a person under the age of 20 years on work involving the national security of New Zealand where that work requires a secret or top secret security clearance.
Compare: 1977 No 49 s 15(10) Exception in relation to work performed outside New Zealand Nothing in section 22 of this Act shall prevent different treat­ ment based on sex, religious or ethical belief, or age if the duties of the position in respect of which that treatment is ac­ corded— (a) Are to be performed wholly or mainly outside New Zealand; and (b) Are such that, because of the laws, customs, or practices of the country in which those duties are to be performed, they are ordinarily carried out only by a person who is of a particular sex or religious or ethical belief, or who is in a particular age group.
Compare: 1977 No 49 ss 15(9), 15A(1)(b); 1992 No 16 s 4 37 Part 2 s 27 Human Rights Act 1993 Reprinted as at 3 September 2007 Exceptions in relation to authenticity and privacy 27 (1) Nothing in section 22 of this Act shall prevent different treat­ ment based on sex or age where, for reasons of authenticity, being of a particular sex or age is a genuine occupational quali­ ﬁcation for the position or employment.
(2) Nothing in section 22 of this Act shall prevent different treat­ ment based on sex, religious or ethical belief, disability, age, political opinion, or sexual orientation where the position is one of domestic employment in a private household.
(3) Nothing in section 22 of this Act shall prevent different treat­ ment based on sex where— (a) (b) The position needs to be held by one sex to preserve reasonable standards of privacy; or The nature or location of the employment makes it im­ practicable for the employee to live elsewhere than in premises provided by the employer, and— (i) The only premises available (being premises in which more than one employee is required to sleep) are not equipped with separate sleeping ac­ commodation for each sex; and It is not reasonable to expect the employer to equip those premises with separate accommoda­ tion, or to provide separate premises, for each sex.
(ii) (4) Nothing in section 22 of this Act shall prevent different treat­ ment based on sex, race, ethnic or national origins, or sexual orientation where the position is that of a counsellor on highly personal matters such as sexual matters or the prevention of violence.
(5) Where, as a term or condition of employment, a position or­ dinarily obliges or qualiﬁes the holder of that position to live in premises provided by the employer, the employer does not commit a breach of section 22 of this Act by omitting to apply that term or condition in respect of employees of a particular sex or marital status if in all the circumstances it is not reason­ ably practicable for the employer to do so.
Compare: 1977 No 49 ss 15(3), 15A(1)(a); 1992 No 16 s 4 38 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 2 s 29 Exceptions for purposes of religion 28 (1) Nothing in section 22 of this Act shall prevent different treat­ ment based on sex where the position is for the purposes of an organised religion and is limited to one sex so as to comply with the doctrines or rules or established customs of the reli­ gion.
(2) Nothing in section 22 of this Act shall prevent different treat­ ment based on religious or ethical belief where— (a) (b) That treatment is accorded under section 65 of the Private Schools Conditional Integration Act 1975; or The sole or principal duties of the position (not being a position to which section 65 of the Private Schools Conditional Integration Act 1975 applies)— (i) Are, or are substantially the same as, those of a clergyman, priest, pastor, ofﬁcial, or teacher among adherents of that belief or otherwise in­ volve the propagation of that belief; or (ii) Are those of a teacher in a private school; or (iii) Consist of acting as a social worker on behalf of an organisation whose members comprise solely or principally adherents of that belief.
(3) Where a religious or ethical belief requires its adherents to fol­ low a particular practice, an employer must accommodate the practice so long as any adjustment of the employer’s activities required to accommodate the practice does not unreasonably disrupt the employer’s activities.
Compare: 1977 No 49 s 15(6), (7) Further exceptions in relation to disability 29 (1) Nothing in section 22 of this Act shall prevent different treat­ ment based on disability where— (a) The position is such that the person could perform the duties of the position satisfactorily only with the aid of special services or facilities and it is not reasonable to expect the employer to provide those services or facil­ ities; or The environment in which the duties of the position are to be performed or the nature of those duties, or of some of them, is such that the person could perform those du­ (b) 39 Part 2 s 30 Human Rights Act 1993 Reprinted as at 3 September 2007 ties only with a risk of harm to that person or to others, including the risk of infecting others with an illness, and it is not reasonable to take that risk.
(2) Nothing in subsection (1)(b) of this section shall apply if the employer could, without unreasonable disruption, take reason­ able measures to reduce the risk to a normal level.
(3) Nothing in section 22 of this Act shall apply to terms of em­ ployment or conditions of work that are set or varied after tak­ ing into account— (a) Any special limitations that the disability of a person imposes on his or her capacity to carry out the work; and (b) Any special services or facilities that are provided to enable or facilitate the carrying out of the work.
Further exceptions in relation to age 30 (1) Nothing in section 22(1)(a) or section 22(1)(d) of this Act shall apply in relation to any position or employment where being of a particular age or in a particular age group is a genuine occu­ pational qualiﬁcation for that position or employment, whether for reasons of safety or for any other reason.
(2) Nothing in section 22(1)(b) of this Act shall prevent payment of a person at a lower rate than another person employed in the same or substantially similar circumstances where the lower rate is paid on the basis that the ﬁrst­mentioned person has not attained a particular age, not exceeding 20 years of age.

(3) Nothing in section 22(1)(a) of this Act shall prevent preferen­ tial treatment based on age accorded to persons who are to be paid in accordance with subsection (2) of this section.
Compare: 1977 No 49 s 15A(2)­(4); 1992 No 16 s 4 30A Exception in relation to employment­related retirement beneﬁts (1) Nothing in section 22(1)(b) prevents different treatment based on age with respect to, or in any way related to, the payment of a beneﬁt to an employee on retirement if— (a) The employee’s entitlement to that beneﬁt (the retire­ ment beneﬁt), or the calculation of that retirement 40 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 2 s 31 (2) beneﬁt, is determined in whole or in part (and whether directly or indirectly) by the employee’s age; and The retirement beneﬁt is a term of a written employment contract that was in force on or before 1 February 1999; and The employee was, on or before 1 February 1999, a party to that employment contract.
(b) (c) If a retirement beneﬁt was a term of an employee’s written employment contract on 1 February 1999, subsection (1) con­ tinues to apply in relation to the payment of that retirement beneﬁt even if either or both of the following things occur af­ ter that date: (a) The employee and the employer enter into a new written employment contract or employment agreement under which the employee remains entitled to that retirement beneﬁt: (b) A different person becomes the employee’s employer as a result of a merger, takeover, restructuring, or re­ organisation, but the employee remains entitled to that retirement beneﬁt by virtue of any enactment or agree­ ment.
(3) This section does not limit section 149.

Section 30A was inserted, as from 1 October 1999, by section 2 Human Rights Amendment Act 1999 (1999 No 100).

Subsection (2)(a) was amended, as from 2 October 2000, by section 240 Em­ ployment Relations Act 2000 (2000 No 24) by inserting “or employment agree­ ment” after “employment contract”.
31 Exception in relation to employment of a political nature Nothing in section 22 of this Act shall prevent different treat­ ment based on political opinion where the position is one as— A political adviser or secretary to a member of Parlia­ (a) ment; or (b) A political adviser to a member of a local authority; or A political adviser to a candidate seeking election to the (c) House of Representatives or to a local authority within the meaning of the Local Electoral Act 2001; or (d) A member of the staff of a political party.
Paragraph (c) was amended, as from 1 July 2001, by section 151 Local Electoral Act 2001 (2001 No 35), by substituting “Local Electoral Act 2001” for “Local 41 Part 2 s 32 Human Rights Act 1993 Reprinted as at 3 September 2007 Elections and Polls Act 1976”.

See sections 153 to 157 of that Act as to the transitional provisions.

See clause 2 Local Electoral Act Commencement Order 2001 (SR 2001/144).
32 Exception in relation to family status Nothing in section 22 of this Act shall prevent restrictions im­ posed by an employer— (a) On the employment of any person who is married to, or in a civil union or in a de facto relationship with, or who is a relative of, another employee if— (i) There would be a reporting relationship between them; or There is a risk of collusion between them to the detriment of the employer; or (ii) (b) On the employment of any person who is married to, or in a civil union or in a de facto relationship with, or who is a relative of, an employee of another employer if there is a risk of collusion between them to the detriment of that person’s employer.
Paragraphs (a) and (b) were amended, as from 26 April 2005, by section 7 Re­ lationships (Statutory References) Act 2005 (2005 No 3) by substituting “in a civil union or in a de facto relationship” for “living in a relationship in the na­ ture of marriage”.

33 Armed Forces [Repealed] Section 33 was repealed, as from 5 May 2007, by section 5 Human Rights (Women in Armed Forces) Amendment Act 2007 (2007 No 16).
Regular forces and Police 34 (1) Nothing in section 22(1)(c) or section 22(1)(d) of this Act shall prevent the Chief of Defence Force from instituting, under sec­ tion 57A of the Defence Act 1990, the discharge or release of a member of the regular forces.

(2) Nothing in section 22(1)(c) or section 22(1)(d) of this Act shall prevent the Commissioner of Police from instituting, under section 5A of the Police Act 1958, the removal of a member of the Police.
42 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 2 s 36 35 36 (1) (2) General qualiﬁcation on exceptions No employer shall be entitled, by virtue of any of the excep­ tions in this Part of this Act, to accord to any person in re­ spect of any position different treatment based on a prohibited ground of discrimination even though some of the duties of that position would fall within any of those exceptions if, with some adjustment of the activities of the employer (not being an adjustment involving unreasonable disruption of the activ­ ities of the employer), some other employee could carry out those particular duties.
Compare: 1977 No 49 s 15(4) Discrimination in partnerships (b) Partnerships It shall be unlawful for a ﬁrm, or for persons jointly promoting the formation of a ﬁrm,— (a) To refuse or to omit to offer a person admission to the ﬁrm as a partner; or To offer or afford a person less favourable terms and conditions as a partner than are made available to other members or prospective members of the ﬁrm,— by reason of any of the prohibited grounds of discrimination.
It shall be unlawful for a ﬁrm— (a) To deny any partner increased status in the ﬁrm or an increased share in the capital or proﬁts of the ﬁrm; or To expel any partner from the ﬁrm or to subject any partner to any other detriment,— (b) by reason of any of the prohibited grounds of discrimination.
(3) Nothing in subsection (1) or subsection (2) of this section shall prevent the ﬁxing of reasonable terms and conditions in rela­ tion to a partner or prospective partner who, by reason of dis­ ability or age,— (a) Has a restricted capacity to participate or to continue to participate in the partnership; or Requires special conditions if he or she is to participate or to continue to participate in the partnership.
(b) Compare: 1977 No 49 s 19; 1992 No 16 s 8 43 Part 2 s 37 Human Rights Act 1993 Reprinted as at 3 September 2007 Discrimination by industrial and professional associations, qualifying bodies, and vocational training bodies 37 (1) Organisations of employees or employers and professional and trade associations It shall be unlawful for an organisation to which this section applies, or for any person acting or purporting to act on behalf of any such organisation,— (a) To refuse or omit to accept any person for membership; or To offer any person less favourable terms of member­ ship and less favourable access to any beneﬁts, facil­ ities, or services, including the right to stand for election and hold ofﬁce in the organisation, than would other­ wise be made available; or To deprive a person of membership, or suspend him or her, in circumstances in which other persons would not be deprived of membership or suspended,— (b) (c) by reason of any of the prohibited grounds of discrimination.
(2) Nothing in this section shall prevent an organisation to which this section applies from charging different fees to persons in different age groups.

This section applies to an organisation of employees, an or­ ganisation of employers, or any other organisation that exists for the purposes of members who carry on a particular profes­ sion, trade, or calling.
Compare: 1977 No 49 s 20; 1992 No 16 s 9 (3) Qualifying bodies It shall be unlawful for an authority or body empowered to confer an approval, authorisation, or qualiﬁcation that is needed for, or facilitates, engagement in a profession, trade, or calling, or any person acting or purporting to act on behalf of any such authority or body,— (a) To refuse or omit to confer that approval, authorisation, or qualiﬁcation on a person; or To confer that approval, authorisation, or qualiﬁcation on less favourable terms and conditions than would otherwise be made available; or (b) 38 (1) 44 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 2 s 39 (c) To withdraw that approval, authorisation, or qualiﬁca­ tion or vary the terms on which it is held, in circum­ stances in which it would not otherwise be withdrawn or varied,— by reason of any of the prohibited grounds of discrimination.
For the purposes of this section confer includes renew or ex­ tend.
Compare: 1977 No 49 s 21(1), (3); 1992 No 16 s 10(1) (2) Exceptions in relation to qualifying bodies 39 (1) Nothing in section 38 of this Act shall apply where the author­ isation or qualiﬁcation is needed for, or facilitates engagement in, a profession or calling for the purposes of an organised re­ ligion and is limited to one sex or to persons of that religious belief so as to comply with the doctrines or rules or established customs of that religion.
(2) Nothing in section 38 of this Act shall prevent different treat­ ment based on disability where— (a) The person seeking or holding the approval, authorisa­ tion, or qualiﬁcation is not, by reason of that person’s disability, able to perform the duties required of a per­ son who holds the approval, authorisation, or qualiﬁca­ tion; or The environment in which the duties required of a per­ son who holds the approval, authorisation, or qualiﬁca­ tion are to be performed or the nature of those duties, or of some of them, are such that, if that approval, au­ thorisation, or qualiﬁcation were granted to or retained by the person with a disability, there would be a risk of harm to that person or others, including the risk of in­ fecting others with an illness, and it is not reasonable to take that risk; or Conditions placed on the granting of the approval, au­ thorisation, or qualiﬁcation to any person or on the re­ tention of the approval, authorisation, or qualiﬁcation by any person are reasonably related to the disability of that person.
(b) (c) (3) Nothing in section 38 of this Act shall apply where— 45 Part 2 s 40 Human Rights Act 1993 Reprinted as at 3 September 2007 (a) (b) The authority or body imposes a reasonable and appro­ priate minimum age under which the approval, author­ isation, or qualiﬁcation will not be conferred; or The authority or body imposes reasonable and appro­ priate terms and conditions on the grant or retention of the approval, authorisation, or qualiﬁcation by reason of the age of the person seeking or holding it.
Compare: 1977 No 49 s 21(2), (2A); 1992 No 16 s 10(2) 40 Vocational training bodies It shall be unlawful for any organisation or association which has as its function or one of its principal functions the provi­ sion of training, or facilities or opportunities for training (in­ cluding facilities or opportunities by way of ﬁnancial grants), that would help to ﬁt a person for any employment, or for any person acting or purporting to act on behalf of any such organ­ isation or association,— (a) To refuse or omit to provide training, or facilities or opportunities for training; or To provide training, or facilities or opportunities for training, on less favourable terms and conditions than would otherwise be made available; or To terminate training, or facilities or opportunities for training,— (b) (c) by reason of any of the prohibited grounds of discrimination.
Compare: 1977 No 49 s 22(1); 1992 No 16 s 11(1) 41 Exceptions in relation to vocational training bodies (1) Nothing in section 40 of this Act shall prevent an organisation or association from affording persons preferential access to fa­ cilities for training that would help to ﬁt them for employment where it appears to that organisation or association that those persons are in special need of training by reason of the period for which they have not been engaged in regular full­time em­ ployment.
Subject to subsection (3) of this section, nothing in section 40 of this Act shall apply where a person’s disability is such that there would be a risk of harm to that person or to others, including the risk of infecting others with an illness, if that (2) 46 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 2 s 42 person were to be provided with training, or facilities or op­ portunities for training, and it is not reasonable to take that risk.
(3) Nothing in subsection (2) of this section shall apply if the or­ ganisation or association providing training, or facilities or op­ portunities for training, could, without unreasonable disrup­ tion, take reasonable measures to reduce the risk to a normal level.
(4) Nothing in section 40 of this Act shall prevent an organisa­ tion or association from providing training, or facilities or op­ portunities for training (including facilities or opportunities by way of ﬁnancial grants), only for persons above a particular age or in a particular age group.

(5) Nothing in section 40 of this Act shall prevent the making of ﬁnancial grants by an organisation or association only to persons above a particular age or in a particular age group.
(6) Nothing in section 40 of this Act shall prevent an organisation or association from charging different fees to persons in dif­ ferent age groups.
Compare: 1977 No 49 s 22(3), (4), (5), (6); 1992 No 16 s 11(3) Discrimination in access to places, vehicles, and facilities 42 (1) Access by the public to places, vehicles, and facilities It shall be unlawful for any person— (a) To refuse to allow any other person access to or use of any place or vehicle which members of the public are entitled or allowed to enter or use; or To refuse any other person the use of any facilities in that place or vehicle which are available to members of the public; or To require any other person to leave or cease to use that place or vehicle or those facilities,— (b) (c) (2) by reason of any of the prohibited grounds of discrimination.
In this section the term vehicle includes a vessel, an aircraft, or a hovercraft.

Compare: 1977 No 49 s 23(1), (3) 47 Part 2 s 43 Human Rights Act 1993 Reprinted as at 3 September 2007 43 (1) Exceptions in relation to access by the public to places, vehicles, and facilities Section 42 of this Act shall not prevent the maintenance of separate facilities for each sex on the ground of public decency or public safety.
(2) Nothing in section 42 of this Act requires any person to pro­ vide for any person, by reason of the disability of that person, special services or special facilities to enable any such person to gain access to or use any place or vehicle when it would not be reasonable to require the provision of such special services or facilities.

(3) Nothing in subsection (2) limits section 118 of the Building Act 2004.
Subject to subsection (5) of this section, nothing in section 42 of this Act shall apply where the disability of a person is such that there would be a risk of harm to that person or to others, including the risk of infecting others with an illness, if that person were to have access to or use of any place or vehicle and it is not reasonable to take that risk.
Subsection (4) of this section shall not apply if the person in charge of the place, vehicle, or facility could, without unrea­ sonable disruption, take reasonable measures to reduce the risk to a normal level.

Compare: 1977 No 49 s 23(2) Subsection (3) was substituted, as from 1 January 2002, by section 8 Human Rights Amendment Act 2001 (2001 No 96).
Subsection (3) was amended, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72) by substituting “section 118 of the Building Act 2004” for “section 47A of the Building Act 1991”.

See subpart 4 of Part 5 of that Act (sections 416 to 451) as to the transitional provisions.
Discrimination in provision of goods and services Provision of goods and services It shall be unlawful for any person who supplies goods, facil­ ities, or services to the public or to any section of the public— To refuse or fail on demand to provide any other person (a) with those goods, facilities, or services; or (4) (5) 44 (1) 48 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 2 s 46 (2) (b) To treat any other person less favourably in connection with the provision of those goods, facilities, or services than would otherwise be the case,— by reason of any of the prohibited grounds of discrimination.
For the purposes of subsection (1) of this section, but without limiting the meaning of the terms goods, facilities, and ser­ vices in that subsection, the term facilities includes facilities by way of banking or insurance or for grants, loans, credit, or ﬁnance.
(3) Where any club, or any branch or afﬁliate of any club, that grants privileges to members of any other club, branch, or af­ ﬁliate refuses or fails on demand to provide those privileges to any of those members, or treats any of those members less favourably in connection with the provision of those privil­ eges than would otherwise be the case, by reason of any of the prohibited grounds of discrimination, that club, branch, or afﬁliate shall be deemed to have committed a breach of this section.
Subject to subsection (3) of this section, nothing in this section shall apply to access to membership of a club or to the provi­ sion of services or facilities to members of a club.
Compare: 1977 No 49 s 24(1)­(3) (4) 45 46 Exception in relation to courses and counselling Nothing in section 44 of this Act shall prevent the holding of courses, or the provision of counselling, restricted to persons of a particular sex, race, ethnic or national origin, or sexual ori­ entation where highly personal matters, such as sexual matters or the prevention of violence, are involved.
Exception in relation to public decency or safety Section 44 of this Act shall not apply to the maintenance or provision of separate facilities or services for each sex on the ground of public decency or public safety.
Compare: 1977 No 49 s 24(4) 49 Part 2 s 47 Human Rights Act 1993 Reprinted as at 3 September 2007 Exception in relation to skill Where the nature of a skill varies according to whether it is ex­ ercised in relation to men or women, a person does not commit a breach of section 44 of this Act by exercising the skill in re­ lation to one sex only, in accordance with that person’s normal practice.
Compare: 1977 No 49 s 24(5) Exception in relation to insurance It shall not be a breach of section 44 of this Act to offer or provide annuities, life insurance policies, accident insurance policies, or other policies of insurance, whether for individual persons or groups of persons, on different terms or conditions for each sex or for persons with a disability or for persons of different ages if the different treatment— (a) Is based on— (i) Actuarial or statistical data, upon which it is rea­ sonable to rely, relating to life­expectancy, acci­ dents, or sickness; or (ii) Where no such data is available in respect of per­ sons with a disability, reputable medical or actu­ arial advice or opinion, upon which it is reason­ able to rely, whether or not contained in an under­ writing manual; and Is reasonable having regard to the applicability of the data or advice or opinion, and of any other relevant fac­ tors, to the particular circumstances.
(b) In assessing, for the purposes of this section, whether it is rea­ sonable to rely on any data or advice or opinion, and whether different treatment is reasonable, the Commission or the Com­ plaints Division may— (a) Require justiﬁcation to be provided for reliance on the data or advice or opinion and for the different treatment; and Request the views of the Government Actuary on the justiﬁcation for the reliance and for the different treat­ ment.
(b) Compare: 1977 No 49 s 24(6) 47 48 (1) (2) 50 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 2 s 51 49 (1) (2) (3) (4) 50 51 Exception in relation to sport Subject to subsection (2) of this section, nothing in section 44 of this Act shall prevent the exclusion of persons of one sex from participation in any competitive sporting activity in which the strength, stamina, or physique of competitors is rele­ vant.
Subsection (1) of this section does not apply in relation to the exclusion of persons from participation in— (a) The coaching of persons engaged in any sporting activ­ ity; or The umpiring or refereeing of any sporting activity; or The administration of any sporting activity; or Sporting activities by persons who have not attained the age of 12 years.
(b) (c) (d) It shall not be a breach of section 44 of this Act to exclude any person from any competitive sporting event or activity if that person’s disability is such that there would be a risk of harm to that person or to others, including the risk of infecting others with an illness, if that person were to take part in that competitive sporting event or activity and it is not reasonable to take that risk.
It shall not be a breach of section 44 of this Act to conduct competitive sporting events or activities in which only persons with a particular disability or age qualiﬁcation may take part.

Exception in relation to travel services It shall not be a breach of section 44 of this Act to provide group travel services which are expressed to be solely for the beneﬁt of persons in a particular age group.
Exception in relation to reduced charges It shall not be a breach of section 44 of this Act to provide goods, services, or facilities at a reduced fee, charge, or rate on the ground of age, disability, or employment status, whether or not there are conditions applicable to the reduced fee, charge, or rate.
51 Part 2 s 52 Human Rights Act 1993 Reprinted as at 3 September 2007 Exception in relation to disability It shall not be a breach of section 44 of this Act for a person who supplies facilities or services— (a) To refuse to provide those facilities or services to any person if— (i) That person’s disability requires those facilities or services to be provided in a special manner; and The person who supplies the facilities or services cannot reasonably be expected to provide them in that special manner; or (ii) (b) To provide those facilities or services to any person on terms that are more onerous than those on which they are made available to other persons, if— (i) That person’s disability requires those facilities or services to be provided in a special manner; and The person who supplies the facilities or services cannot reasonably be expected to provide them without requiring more onerous terms.
(ii) Compare: Equal Opportunity Act 1984, s 29(2) (Victoria) Discrimination in provision of land, housing, and other accommodation Land, housing, and other accommodation It shall be unlawful for any person, on his or her own behalf or on behalf or purported behalf of any principal,— (a) To refuse or fail to dispose of any estate or interest in land or any residential or business accommodation to any other person; or To dispose of such an estate or interest or such accom­ modation to any person on less favourable terms and conditions than are or would be offered to other per­ sons; or To treat any person who is seeking to acquire or has acquired such an estate or interest or such accommoda­ tion differently from other persons in the same circum­ stances; or (b) (c) 52 53 (1) 52 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 2 s 56 (2) 54 55 56 (1) (d) (e) To deny any person, directly or indirectly, the right to occupy any land or any residential or business accom­ modation; or To terminate any estate or interest in land or the right of any person to occupy any land or any residential or business accommodation,— by reason of any of the prohibited grounds of discrimination.
It shall be unlawful for any person, on his or her own behalf or on behalf or purported behalf of any principal, to impose or seek to impose on any other person any term or condition which limits, by reference to any of the prohibited grounds of discrimination, the persons or class of persons who may be the licensees or invitees of the occupier of any land or any residential or business accommodation.
Compare: 1977 No 49 s 25(1), (2) Exception in relation to shared residential accommodation Nothing in section 53 of this Act shall apply to residential ac­ commodation which is to be shared with the person disposing of the accommodation, or on whose behalf it is disposed of.
Compare: 1977 No 49 s 25(4) Exception in relation to hostels, institutions, etc Nothing in section 53 of this Act shall apply to accommodation in any hostel or in any establishment (such as a hospital, club, school, university, religious institution, or retirement village), or in any part of a hostel or any such establishment, where accommodation is provided only for persons of the same sex, marital status, or religious or ethical belief, or for persons with a particular disability, or for persons in a particular age group.
Compare: 1977 No 49 s 25(3) Further exception in relation to disability Subject to subsection (2) of this section, nothing in section 53 of this Act shall apply, in relation to any accommodation, if the disability of the person is such that there would be a risk of harm to that person or others, including the risk of infecting others with an illness, if that person were to live in that accom­ modation and it is not reasonable to take that risk.
53 Part 2 s 57 Human Rights Act 1993 Reprinted as at 3 September 2007 (2) 57 (1) Subsection (1) of this section shall not apply if the person in charge of the accommodation could, without unreasonable dis­ ruption, take reasonable measures to reduce the risk to a nor­ mal level.
Discrimination in access to educational establishments Educational establishments It shall be unlawful for an educational establishment, or the authority responsible for the control of an educational estab­ lishment, or any person concerned in the management of an educational establishment or in teaching at an educational es­ tablishment,— (a) To refuse or fail to admit a person as a pupil or student; or To admit a person as a pupil or a student on less favourable terms and conditions than would otherwise be made available; or To deny or restrict access to any beneﬁts or services provided by the establishment; or To exclude a person as a pupil or a student or subject him or her to any other detriment,— (b) (c) (d) (2) by reason of any of the prohibited grounds of discrimination.
In this section educational establishment includes an estab­ lishment offering any form of training or instruction and an educational establishment under the control of an organisation or association referred to in section 40 of this Act.
Compare: 1977 No 49 s 26(1), (3) 58 Exceptions in relation to establishments for particular groups (1) An educational establishment maintained wholly or princi­ pally for students of one sex, race, or religious belief, or for students with a particular disability, or for students in a par­ ticular age group, or the authority responsible for the control of any such establishment, does not commit a breach of sec­ tion 57 of this Act by refusing to admit students of a different sex, race, or religious belief, or students not having that dis­ ability or not being in that age group.
54 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 2 s 60 (2) Nothing in section 57 of this Act shall prevent an organisation or association from affording persons preferential access to fa­ cilities for training that would help to ﬁt them for employment where it appears to that organisation or association that those persons are in special need of training by reason of the period for which they have not been engaged in regular full­time em­ ployment.
(3) Nothing in section 57 of this Act shall prevent an organisa­ tion or association from providing training, or facilities or op­ portunities for training (including facilities or opportunities by way of ﬁnancial grants), only for persons above a particular age or in a particular age group.

(4) Nothing in section 57 of this Act shall prevent the making of ﬁnancial grants by an organisation or association only to persons above a particular age or in a particular age group.
(5) Nothing in section 57 of this Act shall prevent an organisation or association from charging different fees to persons in dif­ ferent age groups.
Compare: 1977 No 49 s 26(2) 59 Exception in relation to courses and counselling Nothing in section 57 of this Act shall prevent the holding or provision, at any educational establishment, of courses or counselling restricted to persons of a particular sex, race, eth­ nic or national origin, or sexual orientation, where highly per­ sonal matters, such as sexual matters or the prevention of vio­ lence, are involved.
Further exceptions in relation to disability 60 (1) Nothing in section 57 of this Act makes it unlawful to refuse admission to an educational establishment to a person whose disability is such that that person requires special services or facilities that in the circumstances cannot reasonably be made available (being services or facilities that are required to en­ able the person to participate in the educational programme of that establishment or to enable the person to derive substantial beneﬁts from that programme).
55 Part 2 s 61 Human Rights Act 1993 Reprinted as at 3 September 2007 (2) Subject to subsection (3) of this section, nothing in section 57 of this Act shall apply where the person’s disability is such that there would be a risk of harm to that person or to others, including the risk of infecting others with an illness, if that person were to be admitted to an educational establishment and it is not reasonable to take that risk.
(3) Nothing in subsection (2) of this section shall apply if the per­ son in charge of the educational establishment could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.
Compare: Equal Opportunity Act 1984, s 28(5) (Victoria) Other forms of discrimination Racial disharmony It shall be unlawful for any person— (a) (c) (b) To publish or distribute written matter which is threat­ ening, abusive, or insulting, or to broadcast by means of radio or television words which are threatening, abu­ sive, or insulting; or To use in any public place as deﬁned in section 2(1) of the Summary Offences Act 1981, or within the hearing of persons in any such public place, or at any meeting to which the public are invited or have access, words which are threatening, abusive, or insulting; or To use in any place words which are threatening, abu­ sive, or insulting if the person using the words knew or ought to have known that the words were reasonably likely to be published in a newspaper, magazine, or peri­ odical or broadcast by means of radio or television,— being matter or words likely to excite hostility against or bring into contempt any group of persons in or who may be coming to New Zealand on the ground of the colour, race, or ethnic or national origins of that group of persons.
It shall not be a breach of subsection (1) of this section to pub­ lish in a newspaper, magazine, or periodical or broadcast by means of radio or television a report relating to the publica­ tion or distribution of matter by any person or the broadcast or use of words by any person, if the report of the matter or words 61 (1) (2) 56 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 2 s 62 (3) 62 (1) (2) (3) accurately conveys the intention of the person who published or distributed the matter or broadcast or used the words.
For the purposes of this section,— Newspaper means a paper containing public news or obser­ vations on public news, or consisting wholly or mainly of ad­ vertisements, being a newspaper that is published periodically at intervals not exceeding 3 months Publishes or distributes means publishes or distributes to the public at large or to any member or members of the public Written matter includes any writing, sign, visible represen­ tation, or sound recording.
Compare: 1971 No 150 s 9A; 1977 No 49 s 86; 1989 No 127 s 2 Sexual harassment It shall be unlawful for any person (in the course of that per­ son’s involvement in any of the areas to which this subsection is applied by subsection (3) of this section) to make a request of any other person for sexual intercourse, sexual contact, or other form of sexual activity which contains an implied or overt promise of preferential treatment or an implied or overt threat of detrimental treatment.
It shall be unlawful for any person (in the course of that per­ son’s involvement in any of the areas to which this subsection is applied by subsection (3) of this section) by the use of lan­ guage (whether written or spoken) of a sexual nature, or of visual material of a sexual nature, or by physical behaviour of a sexual nature, to subject any other person to behaviour that— Is unwelcome or offensive to that person (whether or (a) not that is conveyed to the ﬁrst­mentioned person); and Is either repeated, or of such a signiﬁcant nature, that it has a detrimental effect on that person in respect of any of the areas to which this subsection is applied by subsection (3) of this section.
(b) The areas to which subsections (1) and (2) of this section apply are— (a) (b) The making of an application for employment: Employment, which term includes unpaid work: 57 Part 2 s 63 Human Rights Act 1993 Reprinted as at 3 September 2007 (c) Participation in, or the making of an application for par­ ticipation in, a partnership: (d) Membership, or the making of an application for mem­ bership, of an industrial union or professional or trade association: Access to any approval, authorisation, or qualiﬁcation: Vocational training, or the making of an application for vocational training: (e) (f) (g) Access to places, vehicles, and facilities: (h) Access to goods and services: (i) (j) Access to land, housing, or other accommodation: Education.
(4) Where a person complains of sexual harassment, no account shall be taken of any evidence of the person’s sexual experi­ ence or reputation.
Racial harassment It shall be unlawful for any person to use language (whether written or spoken), or visual material, or physical behaviour that— (a) Expresses hostility against, or brings into contempt or ridicule, any other person on the ground of the colour, race, or ethnic or national origins of that person; and Is hurtful or offensive to that other person (whether or not that is conveyed to the ﬁrst­mentioned person); and Is either repeated, or of such a signiﬁcant nature, that it has a detrimental effect on that other person in respect of any of the areas to which this subsection is applied by subsection (2) of this section.
(b) (c) The areas to which subsection (1) of this section applies are— The making of an application for employment: (a) Employment, which term includes unpaid work: (b) Participation in, or the making of an application for par­ (c) ticipation in, a partnership: (d) Membership, or the making of an application for mem­ bership, of an industrial union or professional or trade association: Access to any approval, authorisation, or qualiﬁcation: (e) 63 (1) (2) 58 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 2 s 66 64 65 (f) Vocational training, or the making of an application for vocational training: (g) Access to places, vehicles, and facilities: (h) Access to goods and services: (i) (j) Access to land, housing, or other accommodation: Education.
Choice of procedures [Repealed] Section 64 was amended, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24) by substituting “Employment Relations Act 2000” for “Employment Contracts Act 1991” in both places where it appears.

Paragraph (b) was amended, as from 2 October 2000, by section 240 Employ­ ment Relations Act 2000 (2000 No 24) by substituting “employment agree­ ment” for “employment contract”.
Section 64 was repealed, as from 1 December 2004, by section 3 Human Rights Amendment Act 2004 (2004 No 88).
Indirect discrimination Where any conduct, practice, requirement, or condition that is not apparently in contravention of any provision of this Part of this Act has the effect of treating a person or group of persons differently on one of the prohibited grounds of discrimination in a situation where such treatment would be unlawful under any provision of this Part of this Act other than this section, that conduct, practice, condition, or requirement shall be un­ lawful under that provision unless the person whose conduct or practice is in issue, or who imposes the condition or require­ ment, establishes good reason for it.
Compare: 1977 No 49 s 27; 1992 No 16 s 12 66 (1) Victimisation It shall be unlawful for any person to treat or to threaten to treat any other person less favourably than he or she would treat other persons in the same or substantially similar circum­ stances— (a) on the ground that that person, or any relative or asso­ ciate of that person,— 59 Part 2 s 67 Human Rights Act 1993 Reprinted as at 3 September 2007 (i) (ii) (iii) (iv) (v) intends to make use of his or her rights under this Act or to make a disclosure under the Protected Disclosures Act 2000; or has made use of his or her rights, or promoted the rights of some other person, under this Act, or has made a disclosure, or has encouraged disclos­ ure by some other person, under the Protected Disclosures Act 2000; or has given information or evidence in relation to any complaint, investigation, or proceeding under this Act or arising out of a disclosure under the Protected Disclosures Act 2000; or has declined to do an act that would contravene this Act; or has otherwise done anything under or by refer­ ence to this Act; or (b) On the ground that he or she knows that that person, or any relative or associate of that person, intends to do any of the things mentioned in subparagraphs (i) to (v) of paragraph (a) of this subsection or that he or she suspects that that person, or any relative or associate of that person, has done, or intends to do, any of those things.
Subsection (1) of this section shall not apply where a person is treated less favourably because he or she has knowingly made a false allegation or otherwise acted in bad faith.

Compare: 1977 No 49 s 31 Subsection (1)(a) was substituted, as from 1 January 2001, by section 25 Pro­ tected Disclosures Act 2000 (2000 No 7).
Advertisements It shall be unlawful for any person to publish or display, or to cause or allow to be published or displayed, any advertisement or notice which indicates, or could reasonably be understood as indicating, an intention to commit a breach of any of the provisions of this Part of this Act.
For the purposes of subsection (1) of this section, use of a job description with a gender connotation (such as “postman” or “stewardess”) shall be taken to indicate an intention to dis­ (2) 67 (1) (2) 60 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 2 s 69 criminate, unless the advertisement contains an indication to the contrary.
Compare: 1971 No 150 s 7; 1977 No 49 s 32 68 (1) Liability of employer and principals Subject to subsection (3) of this section, anything done or omitted by a person as the employee of another person shall, for the purposes of this Part of this Act, be treated as done or omitted by that other person as well as by the ﬁrst­mentioned person, whether or not it was done with that other person’s knowledge or approval.
(2) Anything done or omitted by a person as the agent of an­ other person shall, for the purposes of this Part of this Act, be treated as done or omitted by that other person as well as by the ﬁrst­mentioned person, unless it is done or omitted without that other person’s express or implied authority, precedent or subsequent.
In proceedings under this Act against any person in respect of an act alleged to have been done by an employee of that person, it shall be a defence for that person to prove that he or she took such steps as were reasonably practicable to prevent the employee from doing that act, or from doing as an employee of that person acts of that description.
Compare: 1977 No 49 s 33 (3) 69 Further provision in relation to sexual or racial harassment in employment (1) Where— (a) A request of the kind described in section 62(1) of this Act is made to an employee; or (b) An employee is subjected to behaviour of the kind de­ scribed in section 62(2) or section 63 of this Act— by a person who is a customer or a client of the employee’s em­ ployer, the employee may make a complaint in writing about that request or behaviour to the employee’s employer.
The employer, on receiving a complaint under subsection (1) of this section,— (a) Shall inquire into the facts; and (2) 61 Part 2 s 70 Human Rights Act 1993 Reprinted as at 3 September 2007 (b) If satisﬁed that such a request was made or that such behaviour took place,— shall take whatever steps are practicable to prevent any repe­ tition of such a request or of such behaviour.
(3) Where any person, being a person in relation to whom an em­ ployee has made a complaint under subsection (1) of this sec­ tion,— (a) Either— (i) Makes to that employee after the complaint a re­ quest of the kind described in section 62(1) of this Act; or Subjects that employee after the complaint to be­ haviour of the kind described in section 62(2) or section 63 of this Act; and (ii) (b) The employer of that employee has not taken whatever steps are practicable to prevent the repetition of such a request or such behaviour,— that employer shall be deemed to have committed a breach of this Act and the provisions of this Act shall apply accordingly.
Special provisions relating to superannuation schemes Superannuation schemes Subject to subsection (3) of this section, nothing in section 22 or section 44 of this Act relating to different treatment on the ground of age or disability shall apply to any condition in, or requirement of, a superannuation scheme in existence at the commencement of this Act in relation to a person who was a member of the scheme at the commencement of this Act or who becomes a member of the scheme before the 1st day of January 1996.
It shall continue to be lawful for the provisions of a superannu­ ation scheme to provide— (a) Different beneﬁts for members of each sex on the basis of the same contributions; or The same beneﬁts for members of each sex on the basis of different contributions,— (b) if the different treatment— 70 (1) (2) 62 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 2 s 70 (c) (d) Is based on actuarial or statistical data, upon which it is reasonable to rely, relating to life­expectancy, accidents, or sickness; and Is reasonable having regard to the applicability of the data, and of any other relevant factors, to the particular circumstances.
(3) It shall continue to be unlawful to require an applicant for membership of a superannuation scheme to have attained a minimum age.
(4) Nothing in section 22 or section 44 of this Act shall prevent the provisions of a superannuation scheme from— (a) Providing or requiring different contributions for mem­ bers; or Providing beneﬁts for members that differ in nature or amount,— (b) by reason of the disability or age of those members, if the different treatment— Is based on— (c) (i) Actuarial or statistical data, upon which it is rea­ sonable to rely, relating to life­expectancy, acci­ dents, or sickness; or (ii) Where no such data is available in respect of per­ sons with a disability, reputable medical or actu­ arial advice or opinion, upon which it is reason­ able to rely, whether or not contained in an under­ writing manual; and Is reasonable having regard to the applicability of the data or advice or opinion, and of any other relevant fac­ tors, to the particular circumstances.
(d) (5) Nothing in section 22 or section 44 of this Act shall prevent the provisions of a superannuation scheme, or the trustees of the scheme, from— (a) Requiring an applicant for membership of the scheme to be under a speciﬁed maximum age; or Permitting a member of the scheme to elect to make increased or reduced contributions to the scheme either temporarily or indeﬁnitely; or Specifying an age of eligibility for each type of beneﬁt provided for members of the scheme; or (b) (c) 63 Part 2 s 70 Human Rights Act 1993 Reprinted as at 3 September 2007 (d) (e) (f) Subject to section 9C of the Superannuation Schemes Act 1989, requiring persons who become members of the scheme on or after the 1st day of January 1995 to leave the scheme on reaching the age at which persons of that age ordinarily qualify for national superannuation under section 7 of the New Zealand Superannuation and Retirement Income Act 2001; or Providing beneﬁts on the death or disability of members of the scheme that decrease in value as the age of mem­ bers increases; or Providing beneﬁts for members of the scheme that differ in nature and amount according to the member’s period of membership (including any period deemed by the trustees of the scheme to be membership) of the scheme and of any scheme replaced by that scheme, and, in the case of a superannuation scheme provided by an employer, of any scheme to which the employer has paid contributions on behalf of the employee.
In assessing for the purposes of this section whether it is rea­ sonable to rely on any data or advice or opinion and whether different treatment is reasonable, the Commission or the Com­ plaints Division may— (a) Require justiﬁcation to be provided for reliance on the data or advice or opinion and for the different treatment; and Request the views of the Government Actuary on the justiﬁcation for the reliance and for the different treat­ ment.
(b) Subsection (1) was amended, as from 9 December 1994, by section 6 Human Rights Amendment Act 1994 (1994 No 138) by substituting “1st day of January 1996” for “1st day of January 1995”.

Subsection (5)(d) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by substituting “under section 7 of the New Zealand Superannuation Act 2001” for “under section 3 of the Social Welfare (Transitional Provisions) Act 1990”.
Subsection (5)(d) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001” for “New Zealand Superannuation Act 2001”.
(6) 64 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 2 s 73 71 Reports on superannuation schemes The Commission shall from time to time, after consultation with the Government Actuary, report to the Minister on whether discrimination on the prohibited grounds has been eliminated from superannuation schemes.
Compare: 1977 No 49 s 89 Power to vary trust deeds 72 (1) Notwithstanding any Act or rule of law or the provisions of the instrument or conditions governing any superannuation scheme, the trustees of the scheme may make such amend­ ments to that instrument or those conditions as are necessary or desirable to give effect to the provisions of sections 22, 44, and 70 of this Act.
Every amendment to the provisions of an instrument or condi­ tions governing any superannuation scheme made under sub­ section (1) of this section on or after the commencement of the Human Rights Amendment Act 1994 must be made by deed.

Compare: 1977 No 49 s 90 (2) Section 72 was substituted, as from 9 December 1994, by section 7 Human Rights Amendment Act 1994 (1994 No 138).
Other matters 73 Measures to ensure equality (1) Anything done or omitted which would otherwise constitute a breach of any of the provisions of this Part of this Act shall not constitute such a breach if— (a) It is done or omitted in good faith for the purpose of as­ sisting or advancing persons or groups of persons, being in each case persons against whom discrimination is un­ lawful by virtue of this Part of this Act; and Those persons or groups need or may reasonably be supposed to need assistance or advancement in order to achieve an equal place with other members of the community.
(2) Nothing in this Part of this Act— (b) (a) Limits the power of the Crown to establish or arrange work or training schemes or employment assistance measures, eligibility for which may, in whole or in part, 65 Part 2 s 74 Human Rights Act 1993 Reprinted as at 3 September 2007 be determined by a person’s age, employment status, or family status; or (b) Makes it unlawful for any person to recruit or refer any other person who is of a particular age or of a particular employment status or of a particular family status for any work or training scheme or employment assistance measure that is established or arranged by the Crown, the eligibility for which may, in whole or in part, be determined by a person’s age, employment status, or family status.
Compare: 1977 No 49 s 29; 1992 No 16 s 13(1) 74 Measures relating to pregnancy, childbirth, or family responsibilities For the avoidance of doubt it is hereby declared that preferen­ tial treatment granted by reason of— (a) (b) A person’s responsibility for part­time care or full­time A woman’s pregnancy or childbirth; or care of children or other dependants— shall not constitute a breach of this Part of this Act.
Compare: 1977 No 49 s 30 Part 3 Resolution of disputes about compliance with Part 1A and Part 2 Part 3 (sections 75 to 92W) was substituted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
Object of this Part The object of this Part is to establish procedures that— (a) facilitate the provision of information to members of the public who have questions about discrimination; and recognise that disputes about compliance with Part 1A or Part 2 are more likely to be successfully resolved if those disputes can be resolved promptly by the parties themselves; and recognise that, if disputes about compliance with Part 1A or Part 2 are to be resolved promptly, expert prob­ (b) (c) 75 66 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 3 s 76 lem­solving support, information, and assistance needs to be available to the parties to those disputes; and recognise that the procedures for dispute resolution under this Part need to be ﬂexible; and recognise that judicial intervention at the lowest level needs to be that of a specialist decision­making body that is not inhibited by strict procedural requirements; and recognise that difﬁcult issues of law may need to be determined by higher courts.
(d) (e) (f) Paragraph (g) was amended, as from 15 December 1994, by section 3 Human Rights Amendment Act (No 2) 1994 (1994 No 151) by substituting “Com­ plaints Division’s” for “Commission’s”.

Sections 75 to 92 were substituted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
76 (1) (2) Functions of Commission under this Part The primary functions of the Commission under this Part are— (a) to provide information to members of the public who have questions about discrimination; and to facilitate the resolution of disputes about compliance with Part 1A or Part 2, by the parties concerned, in the most efﬁcient, informal, and cost­effective manner pos­ sible.
(b) The Commission has, in order to carry out its function under subsection (1)(b), the following functions: (a) to receive and assess a complaint alleging that there has been a breach of Part 1A or Part 2, or both: to gather information in relation to a complaint of that kind (including one referred back to it by the Director under section 90(1)(b), or the Tribunal under section 92D) for the purposes of paragraphs (c) and (d): to offer services designed to facilitate resolution of the complaint, including information, expert problem­solv­ ing support, mediation, and other assistance: to take action or further action under this Part in relation to the complaint, if the complainant or aggrieved person wishes to proceed with it, unless section 80(2) or (3) ap­ plies: (b) (c) (d) 67 Part 3 s 77 Human Rights Act 1993 Reprinted as at 3 September 2007 (e) to provide information gathered in relation to a com­ plaint to the parties concerned.
Sections 75 to 92 were substituted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).

77 (1) (2) Dispute resolution services The Commission must provide dispute resolution services for the purposes of carrying out its functions under section 76.
Services provided under this section may include— (a) (b) (c) (d) the provision of general information about discrimin­ ation and legal obligations in relation to discrimination: the provision of information about what services are available for persons who have disputes about compli­ ance with Part 1A or Part 2: the provision of a venue for, and a mediator at, any dispute resolution meeting that— (i) is designed to enable each party to discuss and seek to resolve any complaint, without prejudice to his or her position; and is convened at the request, or with the agreement of, the parties or, if section 84(4) applies, by the Commission: (ii) other services (of a type that can address a variety of circumstances) that assist persons to resolve, promptly and effectively, their disputes about compliance with Part 1A or Part 2.
Sections 75 to 92 were substituted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
78 Method of providing services Services provided under section 77 may be provided in any manner, including— (a) by a telephone, facsimile, internet, or email service (whether as a means of explaining where information can be found or as a means of actually providing the information or of otherwise seeking to resolve the problem); or by publishing pamphlets, brochures, booklets, or codes; or (b) 68 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 3 s 79 (c) by specialists who— (i) respond to requests or themselves identify how, where, and when their services can best support the object of this Part; or provide their services in the manner, and at the time and place that is, most likely to resolve the problem or dispute in question; or provide their services in all of the ways described in this paragraph.
(ii) (iii) Sections 75 to 92 were substituted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).

(2) 79 (1) How complaints received to be treated This section applies if the Commission receives, under section 76(2)(a), a complaint alleging that there has been a breach of Part 1A or Part 2 or both Parts.
If the complaint or part of it concerns an enactment, or an act or omission that is authorised or required by an enactment, the complaint or relevant part of it must be treated only as a complaint that the enactment is in breach of Part 1A.
(3) Despite every other provision of this section, if the complaint or part of it concerns a judgment or other order of a court, or an act or omission of a court affecting the conduct of any proceedings, the Commission must take no further action in relation to the complaint or relevant part of it.
If the complaint or part of it concerns an act or omission by a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990, and neither subsection (2) nor subsection (3) applies, the complaint or relevant part of it— (a) must be treated only as a complaint that there is a breach of Part 1A, unless the act or omission complained of involves conduct that— (i) (4) (ii) is unlawful under any of sections 22, 23, 61 to 63, and 66; or is unlawful under any of sections 65 and 67 to 74, but only to the extent that those sections relate to conduct that is unlawful under any provision referred to in subparagraph (i): 69 Part 3 s 79A Human Rights Act 1993 Reprinted as at 3 September 2007 (b) must be treated only as a complaint that there has been a breach of the relevant provision or provisions of Part 2 if the act or omission complained of involves conduct that is unlawful under any of sections 22, 23, 61 to 63, and 66.
If the complaint or relevant part of it concerns a breach of Part 2, and none of subsections (2) to (4) applies to the complaint or relevant part of it, the complaint or relevant part of it must be treated only as a complaint that there has been a breach of the relevant provision or provisions of Part 2.

(5) (6) Nothing in this section prevents the Commission from involv­ ing any person that it considers appropriate in information gathering and the resolution of disputes.
Sections 75 to 92 were substituted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
79A Choice of procedures (1) If the circumstances giving rise to a complaint under Part 2 are such that an employee would also be entitled to pursue a per­ sonal grievance under the Employment Relations Act 2000, the employee may take 1, but not both, of the following steps: the employee may make in relation to those circum­ (a) stances a complaint under this Act: the employee may, if the grievance is not otherwise resolved, apply to the Employment Relations Au­ thority for the resolution of the grievance under the Employment Relations Act 2000.
(b) To avoid doubt, a complaint referred to in subsection (1) in­ cludes, but is not limited to, a complaint about sexual harass­ ment or racial harassment.

For the purposes of subsection (1)(a), an employee makes a complaint when proceedings about that complaint are com­ menced by the complainant or the Commission.
If an employee makes a complaint under subsection (1)(a), the employee may not exercise or continue to exercise any rights relating to the subject matter of the complaint that the em­ ployee may have under the Employment Relations Act 2000.
If an employee applies to the Employment Relations Author­ ity for a resolution of the grievance under subsection (1)(b), (2) (3) (4) (5) 70 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 3 s 80 the employee may not exercise or continue to exercise any rights relating to the subject matter of the grievance that the employee may have under this Act.

Section 79A was inserted, as from 1 December 2004, by section 4 Human Rights Amendment Act 2004 (2004 No 88).
80 (1) (2) (3) Taking action or further action in relation to complaint The Commission may only take action or further action under this Part in relation to a complaint if the complainant or person alleged to be aggrieved (if not the complainant) informs the Commission that he or she wishes to proceed with the com­ plaint.
The Commission may decline to take action or further action under this Part in relation to a complaint if the complaint re­ lates to a matter of which the complainant or the person alleged to be aggrieved (if not the complainant) has had knowledge for more than 12 months before the complaint is received by the Commission.
The Commission may also decline to take action or further action under this Part in relation to a complaint if, in the Com­ mission’s opinion,— (a) (b) the subject matter of the complaint is trivial; or the complaint is frivolous or vexatious or is not made in good faith; or having regard to all the circumstances of the case, it is unnecessary to take further action in relation to the complaint; or there is in all the circumstances an adequate remedy or right of appeal, other than the right to petition Parlia­ ment or to make a complaint to the Ombudsman, that it would be reasonable for the complainant or the person alleged to be aggrieved (if not the complainant) to ex­ ercise.
(c) (d) (4) If the Commission decides to take no action or no further ac­ tion in relation to a complaint, it must inform the complainant or the person alleged to be aggrieved (if not the complainant) and the person against whom the complaint is made— (a) (b) of that decision; and of the reasons for that decision; and 71 Part 3 s 81 Human Rights Act 1993 Reprinted as at 3 September 2007 (c) of his or her right, under section 92B, to bring proceed­ ings before the Human Rights Review Tribunal.
Compare: 1977 No 49 s 35; 1981 No 127 s 3 Sections 75 to 92 were substituted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).

81 (1) (2) (3) (4) Commission to inform parties of process Before gathering information about a complaint, the Commis­ sion must comply with subsections (2) and (4).
The Commission must inform the following persons of the Commission’s intention to gather information under section 82, and provide them with general information about the mat­ ters stated in subsection (3): (a) (b) the complainant (if any); and any person alleged to be aggrieved (if not the com­ plainant); and the person against whom the complaint is made; and if the complaint alleges a breach of Part 1A, or alleges a breach of Part 2 by a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990, the Attorney­General: any other person or body that the Commission considers relevant.
(c) (d) (e) The matters referred to in subsection (2) are— (a) (b) (c) rights and obligations under this Act; and processes that apply to complaints under this Act; and other services that may help the parties to a complaint secure a settlement of the matter.
The Commission must also inform the person against whom the complaint was made and, if subsection (2)(d) applies, the Attorney­General— (a) (b) of the details of the complaint (if any); and of the right of that person and, if subsection (2)(d) ap­ plies, of the Attorney­General to submit to the Commis­ sion, within a reasonable time, information in response to the complaint.

(5) A requirement under this section to inform a person is satisﬁed if all reasonable efforts have been made to inform the person.
72 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 3 s 83 Sections 75 to 92 were substituted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
82 Information gathering and disclosure by Commission (1) When the Commission gathers information about a complaint under section 76(2)(b) for the purposes of section 76(2)(c) or (d)— (a) (b) that process must be conducted in private: the Commission may hear or obtain information from any persons it thinks ﬁt: except as provided in section 81(4)(b), no person is en­ titled as of right to be heard by the Commission.
The Commission must make all reasonable efforts to give all parties concerned all relevant information gathered (if any) by it in relation to a complaint promptly after the information is gathered.

Sections 75 to 92 were substituted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
(c) Settlement This section applies if at any time it appears to the Commission from a complaint (including one referred back to the Commis­ sion by the Director, under section 90(1)(b), or the Tribunal, under section 92D), or from information gathered in relation to the complaint (including any response made under section 81(4)(b)), that it may be possible to reach a settlement.

The Commission must use its best endeavours to assist the parties to secure a settlement.
In this section, settlement— (a) means the agreement of the parties concerned on actions that settle the matter, which may include the payment of compensation or the tendering of an apology; and includes a satisfactory assurance by the person to whom the complaint relates against the repetition of the con­ duct that was the subject matter of the complaint or against further conduct of a similar kind.
(b) Sections 75 to 92 were substituted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
73 (2) 83 (1) (2) (3) Part 3 s 84 Human Rights Act 1993 Reprinted as at 3 September 2007 84 (2) (1) Reference of complaint to Director or from Director or Tribunal The complainant, aggrieved person, or party seeking to en­ force a settlement may refer a complaint to the Director so that he or she may decide, under section 90(1)(a) or (c), whether to represent that person in proceedings before the Human Rights Tribunal.
The Commission must promptly inform all parties concerned of every reference of a complaint back to the Commission, whether the reference back is one by the Director, under sec­ tion 90(1)(b), or one by the Tribunal, under section 92D.

(3) A requirement under this section to inform a person is satisﬁed if all reasonable efforts have been made to inform the person.
If a complaint is referred back to the Commission by the Dir­ ector, under section 90(1)(b), or by the Tribunal, under section 92D, the Commission may, without limiting its other powers, require the parties to attend a dispute resolution meeting or other form of mediation designed to facilitate resolution of the complaint.

Sections 75 to 92 were substituted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
(4) Conﬁdentiality of information disclosed at dispute resolution meeting Except with the consent of the parties or the relevant party, persons referred to in subsection (2) must keep conﬁdential— a statement, admission, or document created or made (a) for the purposes of a dispute resolution meeting; and information that is disclosed orally for the purposes of, and in the course of, a dispute resolution meeting.
(b) Subsection (1) applies to every person who— (a) (b) (c) is a mediator for a dispute resolution meeting; or attends a dispute resolution meeting; or is a person employed or engaged by the Commission; or is a person who assists either a mediator at a dispute resolution meeting or a person who attends a dispute resolution meeting.
(d) 85 (1) (2) 74 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 3 s 88 Sections 75 to 92 were substituted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
Evidence as to dispute resolution meeting 86 (1) No mediator at a dispute resolution meeting may give evidence in any proceedings, whether under this Act or any other Act, about— (a) (b) the meeting; or anything related to the meeting that comes to his or her knowledge for the purposes of, or in the course of, the meeting.
(2) No evidence is admissible in any court, or before any person acting judicially, of any statement, admission, document, or information that, under section 85(1), is required to be kept conﬁdential.

Sections 75 to 92 were substituted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
87 88 Certain information not to be made available Any statement, admission, document, or information dis­ closed or made to the mediator at a dispute resolution meeting for the purposes of the dispute resolution meeting must not be made available under the Ofﬁcial Information Act 1982 or the Local Government Ofﬁcial Information and Meetings Act 1987 by a person to whom section 85(1) applies, except with the consent of the parties or the relevant party.
Compare: 1977 No 49 s 38(7); 1983 No 56 s 12(4) Sections 75 to 92 were substituted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
Limits on effect of section 80(1) or sections 85 to 87 Nothing in section 80(1) or sections 85 to 87— (a) prevents the discovery or affects the admissibility of any evidence (being evidence that is otherwise discov­ erable or admissible and that existed independently of the mediation process) just because the evidence was presented for the purposes of, or in the course of, a dis­ pute resolution meeting; or 75 Part 3 s 89 Human Rights Act 1993 Reprinted as at 3 September 2007 (b) (c) (d) prevents the gathering of information by the Commis­ sion for research or educational purposes so long as the parties and the speciﬁc matters in issue between them are not identiﬁable; or prevents the disclosure by any person employed or en­ gaged by the Commission to any other person employed or engaged by the Commission of matters that need to be disclosed for the purposes of giving effect to this Act; or prevents the disclosure of information by any person, if that person has reasonable grounds to believe that dis­ closure is necessary to prevent, or minimise the danger of, injury to any person or damage to any property.
Sections 75 to 92 were substituted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).

Enforcement of terms of settlement agreed by parties A settlement between parties to a complaint may be enforced by proceedings before the Tribunal brought under section 92B(4)— (a) by the complainant (if any) or the aggrieved person (if not the complainant); or by the person against whom the complaint was made.
(b) Sections 75 to 92 were substituted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
Functions of Director of Human Rights Proceedings under this Part The Director’s functions under this Part include, in relation to a complaint,— (a) deciding, in accordance with sections 91(1) and 92, whether, and to what extent, to provide representa­ tion for a party who requests the Director to provide representation in proceedings before the Tribunal or in related proceedings seeking to enforce a settlement reached on a previous occasion (including a settlement secured at a dispute resolution meeting), and providing representation for the party accordingly: 89 90 (1) 76 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 3 s 90 (b) (c) deciding, in accordance with section 91(2), whether to refer the complaint back to the Commission: deciding, in accordance with sections 91(3) and 92, whether, and to what extent, to provide representation for a complainant, aggrieved person (if not the com­ plainant), or group of persons who requests, or who request, the Director to provide representation in pro­ ceedings before the Tribunal or in related proceedings against the person against whom the complaint was made or the Attorney­General, and providing represen­ tation for the complainant, aggrieved person, or group of persons, accordingly.
(2) (3) The Director’s functions under this Part include, in relation to a request from the Commission to provide representation in proceedings brought under section 92B, section 92E, or sec­ tion 97 or in proceedings in which the Commission is entitled to appear and be heard under section 92H, deciding, in accord­ ance with sections 91(3) and 92, whether, and to what extent, to provide representation for the Commission in proceedings before the Tribunal or in related proceedings.
In this section and sections 92 and 92C, related proceedings, in relation to proceedings before the Tribunal, means proceed­ ings of any of the following descriptions: (a) an appeal to the High Court against a decision of the Tribunal: proceedings in the High Court arising out of— (i) (ii) the statement of a case under section 122; or the removal of proceedings or a matter at issue in them under section 122A: an appeal to the Court of Appeal against a decision of the High Court made in proceedings described in para­ graph (a) or paragraph (b): an appeal to the Supreme Court against— (i) a decision of the High Court made in proceedings described in paragraph (a) or paragraph (b); or a decision of the Court of Appeal made in pro­ ceedings described in paragraph (c).
Sections 75 to 92 were substituted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).

(ii) (b) (c) (d) 77 Part 3 s 91 Human Rights Act 1993 Reprinted as at 3 September 2007 Subsection (3) was substituted, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53).

See sections 50 to 55 of that Act for the transitional and savings provisions.
91 (1) (2) (3) Requirements for Director’s decisions under section 90 The Director may make a decision under section 90(1)(a) if it appears to him or her that a party has failed to observe the terms of a settlement reached on a previous occasion.
The Director may make a decision under section 90(1)(b) if— it appears to the Director that the complaint may yet be (a) able to be resolved by the parties and the Commission (for example, by mediation); or it is unclear to the Director, from information available to him or her, in relation to the complaint, whether a party has failed to observe the terms of a settlement reached on a previous occasion.
(b) The Director may make a decision under section 90(1)(c) or (2) if it appears to him or her that a settlement has not been reached and that no action or further action by the Commission is likely to facilitate a settlement.

Sections 75 to 92 were substituted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
(1) 92 Matters Director to have regard to in deciding whether to provide representation in proceedings before Tribunal or in related proceedings section In deciding under 90(2) whether, and to what extent, to provide representa­ tion for a complainant, aggrieved person, group of persons, party to a settlement of a complaint, or the Commission, the Director— (a) must have regard to the matters stated in subsection (2): (b) may have regard to any other matter that the Director section 90(1)(a) or (c) or considers relevant.
The matters referred to in subsection (1)(a) are— (a) whether the complaint raises a signiﬁcant question of law: (b) whether resolution of the complaint would affect a large number of people (for example, because the proceed­ (2) 78 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 3 s 92A ings would be brought by or affect a large group of per­ sons): the level of harm involved in the matters that are the subject of the complaint: (c) (d) whether the proceedings in question are likely to be suc­ (e) (f) cessful: whether the remedies available through proceedings of that kind are likely to suit the particular case: whether there is likely to be any conﬂict of interest in the provision by the Director of representation to any person described in subsection (1): (g) whether the provision of representation is an effective use of resources: (h) whether or not it would be in the public interest to pro­ vide representation.
Sections 75 to 92 were substituted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
92A Director to notify and report on decisions on (1) (2) (3) representation Promptly after making a decision under section 90(1)(a) or (c), the Director must notify the complainant, aggrieved per­ son, group of persons, or party seeking to enforce a settlement reached on a previous occasion— (a) (b) of the terms of the decision; and if the Director has decided not to provide representation for the complainant, aggrieved person, class of persons, or party seeking to enforce a settlement, of the reasons for the decision.
of the terms of the decision; and of the reasons for the decision.
Promptly after making a decision under section 90(2), the Dir­ ector must notify the Commission— (a) (b) If the Director decides to provide representation to the Com­ mission in proceedings in which the Commission is entitled to be heard under section 92H, but subsequently concludes that there is, or may be, a conﬂict of interest in the provision, or continued provision, of legal representation by the Director 79 Part 3 s 92B Human Rights Act 1993 Reprinted as at 3 September 2007 (4) to both the complainant and the Commission, the Director must— (a) (b) cease to provide representation to the Commission; and promptly advise the Commission of the Director’s de­ cision.
The Director must report to the Minister, at least once each year and without referring to identiﬁable individuals con­ cerned, on the Director’s decisions under section 90(1)(a) and (c), and, as soon as practicable, the Minister must present a copy of the report to the House of Representatives.

Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
Proceedings 92B Civil proceedings arising from complaints (1) If a complaint referred to in section 76(2)(a) has been made, the complainant, the person aggrieved (if not the complainant), or the Commission may bring civil proceedings before the Human Rights Review Tribunal— (a) for a breach of Part 1A (other than a breach of Part 1A that is an enactment, or an act or omission author­ ised or required by an enactment or otherwise by law), against the person or persons alleged to be responsible for the breach: for a breach of Part 1A that is an enactment, or an act or omission authorised or required by an enactment or otherwise by law, against the Attorney­General, or against a person or body referred to in section 3(b) of the New Zealand Bill of Rights Act 1990 alleged to be responsible for the breach: for a breach of Part 2, against the person or persons alleged to be responsible for the breach.
(b) (c) (2) If a complaint under section 76(2)(a) relates to a discrimin­ atory practice alleged to be in breach of Part 1A or Part 2 and to affect a class of persons, proceedings under subsection (1) may be brought by the Commission on behalf of the class of per­ sons affected.
(3) A person against whom a complaint referred to in section 76(2)(a) has been made may bring civil proceedings before 80 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 3 s 92C the Tribunal in relation to the complaint if no proceedings in relation to the complaint have been brought under subsection (1) by, or on behalf of, the complainant or person aggrieved or a class of persons.
If parties to a complaint under section 76(2)(a) have reached a settlement of the complaint (whether through mediation or otherwise) but one of them is failing to observe a term of the settlement, another of them may bring proceedings before the Tribunal to enforce the settlement.

The rights given by subsections (1), (3), and (4) are not limited or affected just because the Commission or a mediator at a dispute resolution meeting or the Director is taking any action in relation to the complaint concerned.
(4) (5) (6) Despite subsection (2), the Commission may bring proceed­ ings under subsection (1) only if— (a) (b) (c) the complainant or person aggrieved (if not the com­ plainant) has not brought proceedings; and the Commission has obtained the agreement of that per­ son before bringing the proceedings; and it considers that bringing the proceedings will facili­ tate the performance of its functions stated in section 5(2)(a).
(7) Despite subsections (1) to (6), no proceedings may be brought under this section in respect of a complaint or relevant part of a complaint to which section 79(3) applies.

Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).

92BA Lodging of applications Proceedings before the Tribunal are to be commenced by the lodging of an application in the prescribed form.
Section 92BA was inserted, as from 1 December 2004, by section 5 Human Rights Amendment Act 2004 (2004 No 88).
92C Representation in civil proceedings arising from complaints (1) A party to proceedings before the Tribunal or related proceed­ ings may appear and be heard— 81 Part 3 s 92D Human Rights Act 1993 Reprinted as at 3 September 2007 (a) (b) in person, or by a barrister or solicitor provided by the person; or by a barrister or solicitor provided by the Director if, and to the extent that, the Director has decided, under section 90(1)(a) or (c) or (2), to provide representation for the party in the proceedings.
(2) (3) The Tribunal may, on an application for the purpose by any person, give directions as to the representation, in proceedings before it, of a plaintiff of a kind referred to in section 92N(1) to (3) or of any other party to the proceedings who may be able to bring, take part in, or defend the proceedings, only through a representative.
The Ofﬁce of Human Rights Proceedings must pay all costs of representation provided— (a) by the Director for a complainant, aggrieved person, group of persons, or party to a settlement of a complaint; and in accordance with a decision of the Director under sec­ tion 90(1)(a) or (c).

(b) (4) The Ofﬁce of Human Rights Proceedings must pay any award of costs made against a person in proceedings for which rep­ resentation is provided for that person by the Director.
(5) Any award of costs made in favour of a person in proceedings for which representation is provided for that person by the Dir­ ector must be paid to the Ofﬁce of Human Rights Proceedings.
(6) Nothing in this Act limits or affects the entitlement to legal aid (if any) of a party in respect of proceedings or intended proceedings (whether or not representation for the party in the proceedings may, or is to be, is being, or has been, provided in accordance with a decision of the Director under section 90(1)(a) or (c)).

Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
92D Tribunal may refer complaint back to Commission, or adjourn proceedings to seek resolution by settlement (1) When proceedings under section 92B are brought, the Tri­ bunal— 82 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 3 s 92E (a) must (whether through a member or ofﬁcer) ﬁrst con­ sider whether an attempt has been made to resolve the complaint (whether through mediation or otherwise); and (b) must refer the complaint under section 76(2)(a) to which the proceedings relate back to the Commis­ sion unless the Tribunal is satisﬁed that attempts at resolution, or further attempts at resolution, of the complaint by the parties and the Commission— (i) will not contribute constructively to resolving the complaint; or (ii) will not, in the circumstances, be in the public interest; or (iii) will undermine the urgent or interim nature of the proceedings.
The Tribunal may, at any time before, during, or after the hearing of proceedings, refer a complaint under section 76(2)(a) back to the Commission if it appears to the Tribunal, from what is known to it about the complaint, that the com­ plaint may yet be able to be resolved by the parties and the Commission (for example, by mediation).
The Tribunal may, instead of exercising the power conferred by subsection (2), adjourn any proceedings relating to a com­ plaint under section 76(2)(a) for a speciﬁed period if it appears to the Tribunal, from what is known about the complaint, that the complaint may yet be able to be resolved by the parties.

Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
(2) (3) 92E Civil proceedings arising from inquiry by Commission (1) If the Commission considers that an inquiry by it under section 5(2)(h) has disclosed or may have disclosed a breach of a kind referred to in any of paragraphs (a) to (c), it may bring civil proceedings before the Tribunal,— (a) for a breach of Part 1A (other than a breach of Part 1A that is an enactment, or an act or omission author­ ised or required by an enactment or otherwise by law), against the person or persons alleged to be responsible for the breach: 83 Part 3 s 92F Human Rights Act 1993 Reprinted as at 3 September 2007 (b) (c) for a breach of Part 1A that is an enactment, or an act or omission authorised or required by an enactment or otherwise by law, against the Attorney­General, or against a person or body referred to in section 3(b) of the New Zealand Bill of Rights Act 1990 alleged to be responsible for the breach: for a breach of Part 2, against the person or persons alleged to be responsible for the breach.
The Commission may exercise the right in subsection (1) only if it considers that the exercise of the right will facilitate the performance of its functions stated in section 5(2)(a).

This section does not limit section 6 or section 92H or section 97.

Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
(2) (3) 92F Proof of justiﬁed limits and exceptions (1) The onus of proving, in any proceedings under this Part, that an act or omission is, under section 5 of the New Zealand Bill of Rights Act 1990, a justiﬁed limit on the right to freedom from discrimination afﬁrmed by section 19 of the New Zealand Bill of Rights Act 1990 lies on the defendant.
The onus of proving, in any proceedings under this Part, that conduct is, under any provision of Part 2, excepted from con­ duct that is unlawful under any provision of Part 2 lies on the defendant.

Compare: 1977 No 49 s 39 (2) Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
92G Right of Attorney­General to appear in civil proceedings The Attorney­General may appear and be heard, in person or (1) by a barrister or solicitor,— (a) in proceedings before the Human Rights Review Tri­ bunal alleging a breach of Part 1A, or alleging a breach of Part 2 by a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990: in proceedings in any of the following courts in relation to proceedings of a kind referred to in paragraph (a) that (b) 84 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 3 s 92H (2) (3) are or have been before the Human Rights Review Tri­ bunal: (i) (ii) (iii) (iv) a District Court: the High Court: the Court of Appeal: the Supreme Court.
The right to appear and be heard given by subsection (1) may be exercised whether or not the Attorney­General is or was a party to the proceedings before the Human Rights Review Tribunal.

If, under subsection (1), the Attorney­General appears in any proceedings of a kind described in that subsection, he or she has, unless those proceedings are by way of appeal, the right to adduce evidence and the right to cross­examine witnesses.
Compare: 1977 No 49 s 38A; 1983 No 56 s 13; 1993 No 35 s 3(5) Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).

Subsection (1)(b)(iv) was inserted, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53).

See sections 50 to 55 of that Act for the transitional and savings provisions.
92H Right of Commission to appear in civil proceedings (1) The Commission may appear and be heard, in person or by a barrister or solicitor,— (a) (b) in proceedings before the Human Rights Review Tri­ bunal; and in proceedings in any of the following courts in relation to proceedings that are or have been before the Human Rights Review Tribunal: (i) (ii) (iii) (iv) a District Court: the High Court: the Court of Appeal: the Supreme Court.
(2) The right to appear and be heard given by subsection (1) may be exercised— (a) whether or not the Commission is or was a party to the proceedings before the Human Rights Review Tribunal; but 85 Part 3 s 92I Human Rights Act 1993 Reprinted as at 3 September 2007 (3) (4) (b) only if the Commission considers that the exercise of the right will facilitate the performance of its functions stated in section 5(2)(a).
If, under subsection (1), the Commission appears in any pro­ ceedings of a kind described in that subsection, it has, unless those proceedings are by way of appeal, the right to adduce evidence and the right to cross­examine witnesses.

This section is not limited by section 92B or section 92E or section 97.

Compare: 1977 No 49 s 38A; 1983 No 56 s 13; 1993 No 35 s 3(5) Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
Subsection (1)(b)(iv) was inserted, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53).

See sections 50 to 55 of that Act for the transitional and savings provisions.

Remedies 92I Remedies (1) This section is subject to sections 92J and 92K (which relate to the only remedy that may be granted by the Tribunal if it ﬁnds that an enactment is in breach of Part 1A).
In proceedings before the Human Rights Review Tribunal brought under section 92B(1) or (4) or section 92E, the plaintiff may seek any of the remedies described in subsection (3) that the plaintiff thinks ﬁt.
If, in proceedings referred to in subsection (2), the Tribunal is satisﬁed on the balance of probabilities that the defendant has committed a breach of Part 1A or Part 2 or the terms of a settlement of a complaint, the Tribunal may grant 1 or more of the following remedies: (a) a declaration that the defendant has committed a breach of Part 1A or Part 2 or the terms of a settlement of a complaint: an order restraining the defendant from continuing or repeating the breach, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the breach, or conduct of any similar kind speciﬁed in the order: damages in accordance with sections 92M to 92O: (b) (c) (2) (3) 86 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 3 s 92J (d) (e) (f) (g) an order that the defendant perform any acts speciﬁed in the order with a view to redressing any loss or damage suffered by the complainant or, as the case may be, the aggrieved person as a result of the breach: a declaration that any contract entered into or performed in contravention of any provision of Part 1A or Part 2 is an illegal contract: an order that the defendant undertake any speciﬁed training or any other programme, or implement any speciﬁed policy or programme, in order to assist or enable the defendant to comply with the provisions of this Act: relief in accordance with the Illegal Contracts Act 1970 in respect of any such contract to which the de­ fendant and the complainant or, as the case may be, the aggrieved person are parties: any other relief the Tribunal thinks ﬁt.
(h) It is no defence to proceedings referred to in subsection (2) or subsection (5) that the breach was unintentional or without negligence on the part of the party against whom the complaint was made, but, subject to section 92P, the Tribunal must take the conduct of the parties into account in deciding what, if any, remedy to grant.
In proceedings before the Human Rights Review Tribunal brought, under section 92B(3), by the person against whom a complaint was made, that person may seek a declaration that he or she has not committed a breach of Part 1A or Part 2.

Compare: 1977 No 49 s 38(5), (6), (8); 1983 No 56 s 12(3) (4) (5) Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
92J Remedy for enactments in breach of Part 1A (1) If, in proceedings before the Human Rights Review Tribunal, the Tribunal ﬁnds that an enactment is in breach of Part 1A, the only remedy that the Tribunal may grant is the declaration referred to in subsection (2).
The declaration that may be granted by the Tribunal, if sub­ section (1) applies, is a declaration that the enactment that is the subject of the ﬁnding is inconsistent with the right to free­ (2) 87 Part 3 s 92K Human Rights Act 1993 Reprinted as at 3 September 2007 (3) dom from discrimination afﬁrmed by section 19 of the New Zealand Bill of Rights Act 1990.
The Tribunal may not grant a declaration under subsection (2) unless that decision has the support of all or a majority of the members of the Tribunal.

(4) Nothing in this section affects the New Zealand Bill of Rights Act 1990.

Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
92K Effect of declaration (1) A declaration under section 92J does not— (a) (b) affect the validity, application, or enforcement of the enactment in respect of which it is given; or prevent the continuation of the act, omission, policy, or activity that was the subject of the complaint.
(2) (3) If a declaration is made under section 92J and that declaration is not overturned on appeal or the time for lodging an appeal expires, the Minister for the time being responsible for the administration of the enactment must present to the House of Representatives— (a) a report bringing the declaration to the attention of the House of Representatives; and a report containing advice on the Government’s re­ sponse to the declaration.
(b) The Minister referred to in subsection (2) must carry out the duties imposed on the Minister by that subsection within 120 days of the date of disposal of all appeals against the granting of the declaration or, if no appeal is lodged, the date when the time for lodging an appeal expires.

Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
92L Costs (1) In any proceedings under section 92B or section 92E or section 97, the Tribunal may make any award as to costs that it thinks ﬁt, whether or not it grants any other remedy.
(2) Without limiting the matters that the Tribunal may consider in determining whether to make an award of costs under this 88 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 3 s 92M section, the Tribunal may take into account whether, and to what extent, any party to the proceedings— (a) has participated in good faith in the process of informa­ tion gathering by the Commission: has facilitated or obstructed that information­gathering process: has acted in a manner that facilitated the resolution of the issues that were the subject of the proceedings.
(b) (c) Compare: 1977 No 49 s 38(7); 1983 No 56 s 12(4) Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
92M Damages (1) In any proceedings under section 92B(1) or (4) or section 92E, the Tribunal may award damages against the defendant for a breach of Part 1A or Part 2 or the terms of a settlement of a complaint in respect of any 1 or more of the following: (a) pecuniary loss suffered as a result of, and expenses rea­ sonably incurred by the complainant or, as the case may be, the aggrieved person for the purpose of, the transac­ tion or activity out of which the breach arose: loss of any beneﬁt, whether or not of a monetary kind, that the complainant or, as the case may be, the ag­ grieved person might reasonably have been expected to obtain but for the breach: humiliation, loss of dignity, and injury to the feelings of the complainant or, as the case may be, the aggrieved person.
(b) (c) (2) This section applies subject to sections 92J, 92N, and 92O of this Act and to subpart 1 of Part 2 of the Prisoners’ and Victims’ Claims Act 2005.

Compare: 1977 No 49 s 40(1) Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
Subsection (2) was amended, as from 4 June 2005, by section 65 Prisoners’ and Victims’ Claims Act 2005 (2005 No 74) by inserting “of this Act and to subpart 1 of Part 2 of the Prisoners’ and Victims’ Claims Act 2005” after “92O”.
89 Part 3 s 92N Human Rights Act 1993 Reprinted as at 3 September 2007 92N Directions as to payment of damages in certain cases (1) If the plaintiff is a minor who is not married or in a civil union, the Tribunal may, in its discretion, direct the defendant to pay damages awarded under section 92M to Public Trust or to a person or trustee corporation acting as the manager of any property of the plaintiff.
If the plaintiff is a mentally disordered person within the meaning of section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 whose property is not being managed under the Protection of Personal and Property Rights Act 1988, but who lacks, in the opinion of the Tri­ bunal, the mental capacity to manage his or her own affairs in relation to his or her own property, the Tribunal may, in its discretion, direct the defendant to pay damages awarded under section 92M to Public Trust.
If the plaintiff is a person whose property is being managed under the Protection of Personal and Property Rights Act 1988, the Tribunal must ascertain whether the terms of the prop­ erty order cover management of money received as damages and,— (a) if damages fall within the terms of the property order, the Tribunal must direct the defendant to pay damages awarded under section 92M to the person or trustee cor­ poration acting as the property manager; or if damages do not fall within the terms of the property order, the Tribunal may, in its discretion, direct the de­ fendant to pay damages awarded under section 92M to Public Trust.
(b) If money is paid to Public Trust under any of subsections (1) to (3),— (a) section 12 of the Minors’ Contracts Act 1969 applies in the case of a minor who is not married or in a civil union; and sections 108D, 108F, and 108G of the Protection of Personal and Property Rights Act 1988 apply, with any necessary modiﬁcations, in the case of a person referred to in subsection (2) or subsection (3)(b) of this section; and (b) (2) (3) (4) 90 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 3 s 92O (c) section 108E of the Protection of Personal and Property Rights Act 1988 applies, with any necessary modiﬁca­ tions, in the case of a person referred to in subsection (3)(a) of this section.
Compare: 1977 No 49 s 40; 1983 No 56 s 14(2) Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).

Subsection (1) was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting “Public Trust” for “the Pub­ lic Trustee”.

See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
Subsection (1) was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting “a minor who is not married or in a civil union” for “an unmarried minor”.

Subsection (2) was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting “Public Trust” for “the Pub­ lic Trustee”.

See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
Subsection (3)(b) was amended, as from 1 March 2002, by section 170(1) Pub­ lic Trust Act 2001 (2001 No 100) by substituting “Public Trust” for “the Pub­ lic Trustee”.

See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).

Subsection (4) was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting “Public Trust” for “the Pub­ lic Trustee”.

See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
Subsection (4)(a) was amended, as from 26 April 2005, by section 7 Relation­ ships (Statutory References) Act 2005 (2005 No 3) by substituting “a minor who is not married or in a civil union” for “an unmarried minor”.

Subsection (4)(b) was substituted, and subsection (4)(c) was inserted, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100).

See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
92O Tribunal may defer or modify remedies for breach of Part (1) (2) 1A or Part 2 or terms of settlement If, in any proceedings under this Part, the Tribunal determines that an act or omission is in breach of Part 1A or Part 2 or the terms of a settlement of a complaint, it may, on the application of any party to the proceedings, take 1 or more of the actions stated in subsection (2).
The actions are,— (a) instead of, or as well as, awarding damages or granting any other remedy,— 91 Part 3 s 92P Human Rights Act 1993 Reprinted as at 3 September 2007 (i) (ii) to specify a period during which the defendant must remedy the breach; and to adjourn the proceedings to a speciﬁed date to enable further consideration of the remedies or further remedies (if any) to be granted: to refuse to grant any remedy that has retrospective ef­ fect: to refuse to grant any remedy in respect of an act or omission that occurred before the bringing of proceed­ ings or the date of the determination of the Tribunal or any other date speciﬁed by the Tribunal: to provide that any remedy granted has effect only prospectively or only from a date speciﬁed by the Tribunal: to provide that the retrospective effect of any remedy is limited in a way speciﬁed by the Tribunal.
(b) (c) (d) (e) Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
92P Matters to be taken into account in exercising powers (1) given by section 92O In determining whether to take 1 or more of the actions re­ ferred to in section 92O, the Tribunal must take account of the following matters: (a) whether or not the defendant in the proceedings has acted in good faith: (c) (b) whether or not the interests of any person or body not represented in the proceedings would be adversely af­ fected if 1 or more of the actions referred to in section 92O is, or is not, taken: whether or not the proceedings involve a signiﬁcant issue that has not previously been considered by the Tri­ bunal: the social and ﬁnancial implications of granting any remedy sought by the plaintiff: the signiﬁcance of the loss or harm suffered by any per­ son as a result of the breach of Part 1A or Part 2 or the terms of a settlement of a complaint: the public interest generally: (d) (e) (f) 92 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 3 s 92Q (2) any other matter that the Tribunal considers relevant.
(g) If the Tribunal ﬁnds that an act or omission is in breach of Part 1A or that an act or omission by a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990 is in breach of Part 2, in determining whether to take 1 or more of the actions referred to in section 92O, the Tribunal must, in addition to the matters speciﬁed in subsection (1), take account of— (a) (b) the requirements of fair public administration; and the obligation of the Government to balance competing demands for the expenditure of public money.
Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).

Monetary limits on remedies tribunal may grant 92Q Monetary limits on remedies Tribunal may grant (1) Proceedings under section 92B or section 92E may be brought before the Human Rights Review Tribunal irrespective of the amount of damages claimed or the value of the property in respect of which any remedy is sought.
(3) (2) However, except as provided in sections 92R to 92V, the Tri­ bunal must not award any damages or grant any remedy in any proceedings of that kind if the making of that award or the granting of that remedy would, because of the monetary limits contained in sections 29 to 34 of the District Courts Act 1947, be beyond the jurisdiction of a District Court.
For the purposes of subsection (2), if civil proceedings under section 92B are brought on behalf of more than 1 complainant or, as the case may be, more than 1 aggrieved person, those proceedings must, for the purpose of applying any monetary limit under subsection (2), be treated as if each complainant or, as the case may be, each aggrieved person on whose behalf those proceedings are brought, were the plaintiff in a separate action against the defendant.
Compare: 1977 No 49 s 41; 1983 No 56 s 15; 1993 No 5 s 3(6) Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
93 Part 3 s 92R Human Rights Act 1993 Reprinted as at 3 September 2007 Granting of remedies by high court on reference from tribunal 92R Tribunal to refer granting of remedies to High Court The Human Rights Review Tribunal must refer the granting of a remedy in any proceedings under section 92B or section 92E to the High Court if the Tribunal is satisﬁed on the balance of probabilities that a defendant in the proceedings has com­ mitted a breach of Part 1A or Part 2 or the terms of a settlement of a complaint, but that— (a) the granting of the appropriate remedy under section 92I would be outside the limits imposed by section 92Q; or that the granting of a remedy in those proceedings would be better dealt with by the High Court.
(b) Compare: 1977 No 49 s 42(1) Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
92S Further provisions on reference to High Court (1) A reference under section 92R is made by sending, to the Registrar of the High Court nearest to where the proceedings were commenced, a report on the proceedings that— (a) sets out the Tribunal’s ﬁnding with regard to the breach of Part 1A or Part 2 or the terms of a settlement of a complaint; and includes, or is accompanied by, a statement of the con­ siderations to which the Tribunal has had regard in mak­ ing the reference to that Court.
(b) (2) A copy of the report must be given or sent promptly to every party to the proceedings.

Except as provided in this Act, the procedure for a reference under section 92R is the same as the procedure prescribed by rules of court in respect of appeals, and those rules apply with all necessary modiﬁcations.

Compare: 1977 No 49 s 42(4)­(6), (8) Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
(3) 94 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 3 s 92U (2) 92T High Court decides remedies on reference from Tribunal This section applies where the granting of a remedy in any (1) proceedings under section 92B or section 92E is referred to the High Court under section 92R.

The High Court may direct the Tribunal to amplify any report made under section 92S(1).
Every person who, under section 92S(2), is given or sent a copy of a report under section 92S(1) is entitled to be heard and to tender in the High Court evidence as to the remedy (if any) to be granted on the basis of the Tribunal’s ﬁnding that the defendant has committed a breach of Part 1A or Part 2 or the terms of a settlement of a complaint.
(3) (5) (4) However, no person referred to in subsection (3) may, on the reference under section 92R, challenge the ﬁnding of the Tri­ bunal referred to in subsection (3).

The High Court must decide, on the basis of the Tribunal’s ﬁnding that the defendant has committed a breach of Part 1A or Part 2, whether 1 or more of the remedies set out in section 92I or the remedy set out in section 92J is to be granted.
Compare: 1977 No 49 s 42(2), (5), (6) Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
(1) 92U High Court’s decision on remedies to be included in, and given effect to as part of, Tribunal’s determination Every decision of the High Court under section 92T(5)— (a) must be remitted to the Tribunal for inclusion in its de­ termination with regard to the proceedings; and has effect as part of that determination despite the limits imposed by section 92Q.
(b) (2) Nothing in subsection (1)— (a) (b) limits sections 123 to 125; or prevents the making of an appeal in accordance with section 123 in respect of a determination of the Tribunal in which a decision of the High Court is included in accordance with subsection (1)(a).

Compare: 1977 No 49 s 42(3), (9) Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
95 Part 3 s 92V Human Rights Act 1993 Reprinted as at 3 September 2007 Abandonment or agreement to bring claim within tribunal’s jurisdiction 92V Abandonment to enable Tribunal to make award of (1) (2) damages This section applies where the Tribunal would have jurisdic­ tion in any proceedings under section 92B or section 92E to make an award of damages in accordance with section 92M if the amount of the award were within the limit for the time be­ ing ﬁxed by section 29(1) of the District Courts Act 1947 (as applied by section 92Q(2)).
The Tribunal may make an award within that limit if the plain­ tiff abandons the excess.

(3) An award of damages in those proceedings in accordance with section 92M operates to discharge from liability in respect of the amount abandoned in that way any person against whom the proceedings are brought and the subsequent award is made.

This section overrides sections 92Q to 92U.


Compare: 1977 No 49 s 43 (4) Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).
92W Extension of jurisdiction by agreement between parties (1) If, in any proceedings under section 92B or section 92E, only section 92Q prevents the Tribunal from granting any 1 or more of the remedies stated in section 92I, and the parties to the pro­ ceedings, by memorandum signed by them or their respective solicitors or agents, agree that the Tribunal is to have jurisdic­ tion to grant any 1 or more of those remedies irrespective of section 92Q, the Tribunal has jurisdiction to grant 1 or more of those remedies accordingly.
This section overrides sections 92Q to 92U.

Compare: 1977 No 49 s 44(1) Sections 92A to 92W were inserted, as from 1 January 2002, by section 9 Human Rights Amendment Act 2001 (2001 No 96).

(2) 96 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 4 s 95 93 94 Part 4 Human Rights Review Tribunal The heading “Human Rights Review Tribunal” was substituted, as from 1 Janu­ ary 2002, by section 10 Human Rights Amendment Act 2001 (2001 No 96) for the heading “Complaints Review Tribunal”.
Human Rights Review Tribunal The Tribunal constituted by section 45 of the Human Rights Commission Act 1977 and, immediately before 1 January 2002 (being the date of the commencement of the Human Rights Amendment Act 2001), known as the Complaints Review Tribunal shall continue in being, and, on and after 1 January 2002, is called the Human Rights Review Tribunal.
Compare: 1977 No 49 s 45; 1993 No 35 s 3(1) The heading to section 93 was amended, as from 1 January 2002, by section 11(a) Human Rights Amendment Act 2001 (2001 No 96) by substituting “Human Rights” for “Complaints”.

Section 93 was amended, as from 1 January 2002, by section 11(b) Human Rights Amendment Act 2001 (2001 No 96) by inserting “, immediately before 1 January 2002 (being the date of the commencement of the Human Rights Amendment Act 2001),” after “and”.
Section 93 was amended, as from 1 January 2002, by section 11(c) Human Rights Amendment Act 2001 (2001 No 96) by adding “, and, on and after 1 January 2002, is called the Human Rights Review Tribunal”.
Functions and powers of Tribunal Functions of Tribunal The functions of the Tribunal shall be— (a) (b) To consider and adjudicate upon proceedings brought pursuant to sections 92B, 92E, 95, and 97: To exercise and perform such other functions, powers, and duties as are conferred or imposed on it by or under this Act or any other enactment.
Compare: 1977 No 49 s 46; 1993 No 35 s 4(2) Section 94(a) was amended, as from 1 January 2002, by section 12 Human Rights Amendment Act 2001 (2001 No 96) by substituting “sections 92B, 92E, 95, and 97” for “sections 83, 95, and 97 of this Act”.
95 (1) Power to make interim order In respect of any matter in which the Tribunal has jurisdiction under this Act to make any ﬁnal determination, the Chairper­ 97 Part 4 s 96 Human Rights Act 1993 Reprinted as at 3 September 2007 son of the Tribunal shall have power to make an interim order if he or she is satisﬁed that it is necessary in the interests of justice to make the order to preserve the position of the parties pending a ﬁnal determination of the proceedings.
(2) An application for an interim order may be made,— (a) (b) in the case of proceedings under section 92B(1), 92B(2), 92B(3), or 92B(4), by the person or body bringing the proceedings; and in the case of proceedings under section 92E, by the Commission.

(3) A copy of the application shall be served on the defendant who shall be entitled to be heard before a decision on the applica­ tion is made.
Compare: 1977 No 49 s 46A; 1993 No 35 s 4(1) Subsection (2) was substituted, as from 1 January 2002, by section 13 Human Rights Amendment Act 2001 (2001 No 96).

Review of interim orders Where an interim order has been made, the defendant may, with the leave of the Tribunal and instead of appealing against the order, apply to the High Court to vary or rescind the order unless that order was made with the defendant’s consent.
Compare: 1977 No 49 s 46B; 1993 No 35 s 4(1) Power in respect of exception for genuine occupational qualiﬁcation or genuine justiﬁcation The Tribunal may exercise the power referred to in subsection (2), but only— (a) in respect of a matter in which it has jurisdiction under this Act to make a ﬁnal determination; and on an application by the Commission, a person or persons against whom a complaint under section 76(2)(a) has been made, or a person who is the subject of an inquiry under section 5(2)(h).
(b) The power is to declare that an act, omission, practice, require­ ment, or condition that would otherwise be unlawful under Part 2 is not unlawful because it constitutes either or both— (a) a genuine occupational qualiﬁcation, in respect of sec­ tions 22 to 41: 96 97 (1) (2) 98 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 4 s 99 a genuine justiﬁcation, in respect of sections 42 to 60.
(b) Section 97 was substituted, as from 1 January 2002, by section 14 Human Rights Amendment Act 2001 (2001 No 96).

Constitution of Tribunal 98 Membership of Tribunal The Tribunal shall consist of— A Chairperson; and (a) Two other persons appointed by the Chairperson for the (b) purposes of each hearing from a panel maintained by the Minister under section 101 of this Act.
Compare: 1977 No 49 s 47; 1993 No 35 s 5(1) 99 (1) Chairpersons of Tribunal Every Chairperson of the Tribunal shall be appointed by the Governor­General on the recommendation of the Minister.

(2) Where the Governor­General on the recommendation of the Minister considers it necessary, the Governor­General may ap­ point 2 persons to the ofﬁce of Chairperson of the Tribunal.
(3) Where there are 2 Chairpersons of the Tribunal, each Chair­ person shall exercise principally those parts of the Tribunal’s jurisdiction that are speciﬁed from time to time in his or her warrant of appointment but nothing shall prevent each Chair­ person from exercising any other part of the Tribunal’s juris­ diction.
(4) Where a second Chairperson of the Tribunal is appointed, a new warrant of appointment may be issued to the existing Chairperson specifying the parts of the Tribunal’s jurisdiction that the existing Chairperson is principally to exercise.

In this Part of this Act, a reference to “the Chairperson” or “the Chairperson of the Tribunal” shall be read as a reference to either Chairperson where there are 2 Chairpersons of the Tribunal.
Compare: 1977 No 49 s 47A; 1993 No 35 s 5(1) (5) 99 Part 4 s 99A Human Rights Act 1993 Reprinted as at 3 September 2007 99A Criteria and requirement for appointment of (1) (2) Chairpersons In recommending a person for appointment as a Chairperson of the Tribunal, the Minister must have regard not only to the matters stated in section 101(2) but also to the person’s— (a) (b) experience in dispute resolution: experience as a Chairperson and in other leadership roles: ability to perform the functions of a Chairperson of the Tribunal.
(c) Every person appointed as a Chairperson of the Tribunal must be a barrister or solicitor of the High Court of not less than 5 years’ practice.

Section 99A was inserted, as from 1 January 2002, by section 15 Human Rights Amendment Act 2001 (2001 No 96).
100 Appointment and term of ofﬁce (1) (2) Except as otherwise provided in section 103 of this Act, every person appointed as a Chairperson of the Tribunal shall hold ofﬁce for such term, not exceeding 5 years, as the Governor­ General on the recommendation of the Minister shall specify in the instrument appointing that Chairperson.

(3) Any person appointed as a Chairperson may hold that ofﬁce concurrently with any other ofﬁce held by him or her and may from time to time be reappointed.
(4) Where the term for which a Chairperson has been appointed expires, that Chairperson, unless sooner vacating or removed from ofﬁce under section 103 of this Act, shall continue to hold ofﬁce, by virtue of the appointment for the term that has expired, until— (a) (b) A successor to that Chairperson is appointed; or (c) That Chairperson is reappointed; or That Chairperson is informed in writing by the Minister that that Chairperson is not to be reappointed and that a successor to that Chairperson is not to be appointed.
Compare: 1977 No 49 s 47B; 1993 No 35 s 5(1) Subsection (1) was repealed, as from 1 January 2002, by section 16 Human Rights Amendment Act 2001 (2001 No 96).

100 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 4 s 101 101 Panel (1) (2) The Minister shall maintain a panel of not more than 20 per­ sons who may be appointed pursuant to section 98 of this Act.
In considering the suitability of persons for inclusion on the Panel, the Minister must have regard to the need for persons included on the Panel to have between them knowledge of, or experience in,— (a) different aspects of matters likely to come before the Tribunal: (b) New Zealand law, or the law of another country, or inter­ (c) (d) (e) national law, on human rights: public administration, or the law relating to public ad­ ministration: current economic, employment, or social issues: cultural issues and the needs and aspirations (including life experiences) of different communities of interest and population groups in New Zealand society.
(2A) At least 3 members of the panel must be barristers or solicitors (3) of the High Court of not less than 5 years’ practice.
The name of a person shall be removed from the panel if— (a) The person dies or is, under the Insolvency Act 1967, adjudged bankrupt; or The Minister directs that the name of the person be re­ moved from the panel for disability affecting perform­ ance of duty, neglect of duty, or misconduct, proved to the satisfaction of the Minister; or A period of 5 years has elapsed since the date on which the Minister last approved the entry of the person’s name; or The person requests by writing addressed to the Minis­ ter that his or her name be removed.
(b) (c) (d) (4) Where subsection (3)(c) or subsection (3)(d) of this section applies, the name of the person shall not be removed from the panel until any hearings in respect of which that person was appointed to the Tribunal have concluded.

Compare: 1977 No 49 s 47C; 1993 No 35 s 5(1) Subsection (2) was substituted and subsection (2A) was inserted, as from 1 Janu­ ary 2002, by section 17 Human Rights Amendment Act 2001 (2001 No 96).
101 Part 4 s 102 Human Rights Act 1993 Reprinted as at 3 September 2007 102 Deputy Chairperson (1) In any case in which a Chairperson of the Tribunal becomes incapable of acting by reason of illness, absence, or other suf­ ﬁcient cause, or if a Chairperson deems it not proper or desir­ able that he or she should adjudicate on any speciﬁed matter, the Governor­General, on the recommendation of the Minister, may appoint a suitable person to be the deputy of that Chair­ person to act for that Chairperson for the period or purpose stated in the appointment.
(2) No person shall be appointed as a Deputy Chairperson unless he or she is eligible for appointment as a Chairperson.

Every Deputy Chairperson appointed under this section shall, while acting for a Chairperson, be deemed to be a Chairperson of the Tribunal.
(3) (4) No appointment of a Deputy Chairperson, and no act done by a Deputy Chairperson as such, and no act done by the Tribunal while he or she is acting as such, shall in any proceedings be questioned on the ground that the occasion for the appointment had not arisen or had ceased.
Compare: 1977 No 49 s 48; 1993 No 35 s 5(1) 103 Vacation of ofﬁce by Chairperson and Deputy Chairperson (1) A Chairperson and any Deputy Chairperson of the Tribunal may at any time resign his or her ofﬁce by delivering a notice in writing to that effect to the Minister.

(2) A Chairperson and any Deputy Chairperson of the Tribunal shall be deemed to have vacated his or her ofﬁce if he or she dies or is, under the Insolvency Act 1967, adjudged bankrupt.
(3) A Chairperson and any Deputy Chairperson of the Tribunal may at any time be removed from ofﬁce by the Governor­Gen­ eral for disability affecting performance of duty, neglect of duty, or misconduct, proved to the satisfaction of the Gov­ ernor­General.
Compare: 1977 No 49 s 49; 1993 No 35 s 5(1) 102 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 4 s 106 Procedure of Tribunal 104 Sittings of Tribunal (1) Sittings of the Tribunal shall be held at such times and places as the Tribunal or Chairperson from time to time appoints.

(2) Any sitting may be adjourned from time to time and from place to place by the Tribunal or a Chairperson or by the Secretary to the Tribunal.
(3) No sitting of the Tribunal shall take place unless all the mem­ bers are present, but the decision of a majority of the members shall be the decision of the Tribunal.

(4) A Chairperson shall preside at all sittings of the Tribunal.

(5) Subject to the provisions of this Act and of any regulations made under this Act, the Tribunal may regulate its procedure in such manner as the Tribunal thinks ﬁt and may prescribe or approve forms for the purposes of this Act.
Compare: 1977 No 49 s 50; 1993 No 35 s 5(2) 105 Substantial merits (1) (2) The Tribunal must act according to the substantial merits of the case, without regard to technicalities.

In exercising its powers and functions, the Tribunal must act— in accordance with the principles of natural justice; and (a) in a manner that is fair and reasonable; and (b) (c) according to equity and good conscience.
Section 105 was substituted, as from 1 January 2002, by section 18 Human Rights Amendment Act 2001 (2001 No 96).
106 Evidence in proceedings before Tribunal (1) The Tribunal may— (a) (b) (c) (d) call for evidence and information from the parties or any other person: request or require the parties or any other person to at­ tend the proceedings to give evidence: fully examine any witness: receive as evidence any statement, document, informa­ tion, or matter that may, in its opinion, assist to deal effectively with the matter before it, whether or not it would be admissible in a court of law.
103 Part 4 s 107 Human Rights Act 1993 Reprinted as at 3 September 2007 (2) (3) (4) The Tribunal may take evidence on oath, and for that purpose any member or ofﬁcer of the Tribunal may administer an oath.

The Tribunal may permit a person appearing as a witness be­ fore it to give evidence by tendering a written statement and, if the Tribunal thinks ﬁt, verifying it by oath.
Subject to subsections (1) to (3) of this section, the Evidence Act 2006 shall apply to the Tribunal in the same manner as if the Tribunal were a Court within the meaning of that Act.

Compare: 1977 No 49 s 52 Subsection (1) was substituted, as from 1 January 2002, by section 19 Human Rights Amendment Act 2001 (2001 No 96).

Subsection (4) was amended, as from 1 August 2007, by section 216 Evidence Act 2006 (2006 No 69) by substituting “Evidence Act 2006” for “Evidence Act 1908”.
See clause 2(2) Evidence Act 2006 Commencement Order 2007 (SR 2007/190).

107 Sittings to be held in public except in special circumstances Except as provided by subsections (2) and (3) of this section, (1) every hearing of the Tribunal shall be held in public.

The Tribunal may deliberate in private as to its decision in any matter or as to any question arising in the course of any proceedings before it.
(2) (3) Where the Tribunal is satisﬁed that it is desirable to do so, the Tribunal may, of its own motion or on the application of any party to the proceedings,— (a) Order that any hearing held by it be heard in private, either as to the whole or any portion thereof: (b) Make an order prohibiting the publication of any report or account of the evidence or other proceedings in any proceedings before it (whether heard in public or in pri­ vate) either as to the whole or any portion thereof: (c) Make an order prohibiting the publication of the whole or part of any books or documents produced at any hear­ ing of the Tribunal.
Every person commits an offence and is liable on summary conviction to a ﬁne not exceeding $3,000 who acts in contra­ vention of any order made by the Tribunal under subsection (3)(b) or subsection (3)(c) of this section.
Compare: 1977 No 49 s 54 (4) 104 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 4 s 108B 108 Persons entitled to be heard (1) Any person who is a party to the proceedings before the Tri­ bunal, and any person who satisﬁes the Tribunal that he or she has an interest in the proceedings greater than the public gen­ erally, may appear and may call evidence on any matter that should be taken into account in determining the proceedings.
If any person who is not a party to the proceedings before the Tribunal wishes to appear, the person must give notice to the Tribunal and to every party before appearing.

(2) (3) A person who has a right to appear or is allowed to appear before the Tribunal may appear in person or be represented by his or her counsel or agent.

Subsection (2) was substituted, as from 1 January 2002, by section 20 Human Rights Amendment Act 2001 (2001 No 96).
108A Tribunal to give notice of proceedings The Tribunal must notify the Attorney­General promptly of the bringing of proceedings before the Tribunal alleging a breach of Part 1A, or alleging a breach of Part 2 by a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990, if the Attorney­General is not a party to the proceedings.

Sections 108A and 108B were inserted, as from 1 January 2002, by section 21 Human Rights Amendment Act 2001 (2001 No 96).
108B Submissions in relation to remedies (1) Before the Tribunal grants any remedy under Part 3, it must give the parties to the proceedings and, if the remedy under consideration is a declaration under section 92J, the Attorney­ General, an opportunity to make submissions on— the implications of granting that remedy; and (a) (b) the appropriateness of that remedy.

Subsection (1) does not limit any provision in Part 3 or section 108.
Sections 108A and 108B were inserted, as from 1 January 2002, by section 21 Human Rights Amendment Act 2001 (2001 No 96).

(2) 105 Part 4 s 109 Human Rights Act 1993 Reprinted as at 3 September 2007 109 Witness summons (1) (2) (3) The Tribunal may, if it considers it necessary, of its own mo­ tion, or on the application of any party to the proceedings, issue a witness summons to any person requiring that person to at­ tend before the Tribunal to give evidence at the hearing of the proceedings.
The witness summons shall state— (a) (b) (c) The place where the person is to attend; and The date and time when the person is to attend; and The papers, documents, records, or things which that person is required to bring and produce to the Tribunal; and The entitlement to be tendered or paid a sum in respect of allowances and travelling expenses; and The penalty for failing to attend.
(e) The power to issue a witness summons may be exercised by the Tribunal or a Chairperson, or by any ofﬁcer of the Tribunal purporting to act by the direction or with the authority of the Tribunal or a Chairperson.

Subsection (1) was amended, as from 1 January 2002, by section 22 Human Rights Amendment Act 2001 (2001 No 96) by inserting “, if it considers it necessary,” after “The Tribunal may”.
(d) Service of summons 110 (1) A witness summons may be served— (a) (b) By delivering it personally to the person summoned; or By posting it by registered letter addressed to the person summoned at that person’s usual place of residence.
The summons shall,— (a) Where it is served under subsection (1)(a) of this sec­ tion, be served at least 24 hours before the attendance of the witness is required; or (b) Where it is served under subsection (1)(b) of this sec­ tion, be served at least 10 days before the date on which the attendance of the witness is required.
If the summons is posted by registered letter, it shall be deemed for the purposes of subsection (2)(b) of this section to have been served at the time when the letter would be delivered in the ordinary course of post.
(2) (3) 106 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 4 s 113 111 Witnesses’ allowances (1) Every witness attending before the Tribunal to give evidence pursuant to a summons shall be entitled to be paid witnesses’ fees, allowances, and travelling expenses according to the scales for the time being prescribed by regulations made under the Summary Proceedings Act 1957, and those regulations shall apply accordingly.
(2) On each occasion on which the Tribunal issues a summons under section 109(1) of this Act, the Tribunal, or the person exercising the power of the Tribunal under subsection (3) of that section, shall ﬁx an amount which, on the service of the summons, or at some other reasonable time before the date on which the witness is required to attend, shall be paid or tendered to the witness.
The amount ﬁxed under subsection (2) of this section shall be the estimated amount of the allowances and travelling ex­ penses to which, in the opinion of the Tribunal or person, the witness will be entitled according to the prescribed scales if the witness attends at the time and place speciﬁed in the sum­ mons.

(3) (4) Where a party to the proceedings has requested the issue of the witness summons, the fees, allowances, and travelling ex­ penses payable to the witness shall be paid by that party.
(5) Where the Tribunal has of its own motion issued the witness summons, the Tribunal may direct that the amount of those fees, allowances, and travelling expenses— (a) (b) Form part of the costs of the proceedings; or Be paid from money appropriated by Parliament for the purpose.

112 Privileges and immunities Witnesses and counsel appearing before the Tribunal shall have the same privileges and immunities as witnesses and counsel have in proceedings in a District Court.
113 Non­attendance or refusal to co­operate (1) Every person commits an offence who, after being summoned to attend to give evidence before the Tribunal or to produce to 107 Part 4 s 114 Human Rights Act 1993 Reprinted as at 3 September 2007 the Tribunal any papers, documents, records, or things, with­ out sufﬁcient cause,— (a) (b) Fails to attend in accordance with the summons; or Refuses to be sworn or to give evidence, or, having been sworn, refuses to answer any question that the person is lawfully required by the Tribunal or any member of it to answer concerning the proceedings; or Fails to produce any such paper, document, record, or thing.
(c) (2) Every person who commits an offence against subsection (1) of this section is liable on summary conviction to a ﬁne not exceeding $1,500.

(3) No person summoned to attend before a Tribunal shall be con­ victed of an offence against subsection (1) of this section un­ less there was tendered or paid to that person travelling ex­ penses in accordance with section 111 of this Act.
114 Power to commit for contempt (1) If any person— (a) (c) (b) Assaults, threatens, or intimidates, or intentionally in­ sults, the Tribunal or any member of it or any special adviser to or ofﬁcer of the Tribunal, during a sitting of the Tribunal, or in going to, or returning from, any sit­ ting; or Intentionally interrupts the proceedings of the Tribunal or otherwise misbehaves while the Tribunal is sitting; or Intentionally and without lawful excuse disobeys an order or direction of a member of the Tribunal in the course of any proceedings before the Tribunal,— any ofﬁcer of the Tribunal, with or without the assistance of any member of the Police or other person, may, in accordance with any order given by a member of the Tribunal, take the person into custody and detain him or her for a period expiring not later than 1 hour following the rising of the Tribunal, and the Chairperson may, if he or she thinks ﬁt, by warrant under his or her hand, commit the person to prison for any period not exceeding 10 days or impose a ﬁne not exceeding $1,500.
108 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 4 s 117 (2) A warrant under subsection (1) of this section may be ﬁled in any District Court and shall then be enforceable as an order made by that Court.

115 Tribunal may dismiss trivial, etc, proceedings The Tribunal may at any time dismiss any proceedings brought under section 92B or section 92E of this Act if it is satisﬁed that they are trivial, frivolous, or vexatious or are not brought in good faith.
Compare: 1977 No 49 s 55 Section 115 was amended, as from 1 January 2002, by section 23 Human Rights Amendment Act 2001 (2001 No 96) by substituting “section 92B or section 92E” for “section 83”.
116 Reasons to be given (1) (b) (c) This section applies to the following decisions of the Tribunal: a decision to grant 1 or more of the remedies described (a) in section 92I or the remedy described in section 92J or an order under section 95: a decision to make a declaration under section 97: a decision to dismiss proceedings brought under section 92B or section 92E or section 95 or section 97.
Every decision to which this section applies must be in writing and must show the Tribunal’s reasons for the decision, includ­ ing— (a) (b) (c) relevant ﬁndings of fact; and explanations and ﬁndings on relevant issues of law; and conclusions on matters or issues it considers require de­ termination in order to dispose of the matter.

The Tribunal must notify the parties, the Attorney­General, and the Human Rights Commission of every decision of the Tribunal.
Section 116 was substituted, as from 1 January 2002, by section 24 Human Rights Amendment Act 2001 (2001 No 96).

(2) (3) 117 Seal of Tribunal The Tribunal shall have a seal, which shall be judicially no­ ticed in all Courts and for all purposes.
Compare: 1977 No 49 s 57 109 Part 4 s 118 Human Rights Act 1993 Reprinted as at 3 September 2007 118 Members of Tribunal not personally liable No member of the Tribunal shall be personally liable for any act done or omitted to be done by the Tribunal or any member thereof in good faith in pursuance or intended pursuance of the functions, duties, powers, or authorities of the Tribunal.
Compare: 1977 No 49 s 58 119 Fees of members of Tribunal (1) A member of the Tribunal is entitled— (a) (b) to receive remuneration not within paragraph (b) for services as a member at a rate and of a kind determined by the Minister in accordance with the fees framework; and in accordance with the fees framework, to be reim­ bursed for actual and reasonable travelling and other expenses incurred in carrying out his or her ofﬁce as a member.
(2) For the purposes of subsection (1), fees framework means the framework determined by the Government from time to time for the classiﬁcation and remuneration of statutory and other bodies in which the Crown has an interest.

Section 119 was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
120 Services for Tribunal (1) The Department for Courts shall furnish such secretarial, recording, and clerical services as may be necessary to enable the Tribunal to discharge its functions.

The cost of any services provided by the Department for Courts pursuant to this section shall be paid from public money appropriated by Parliament for the purpose.
Compare: 1977 No 49 s 60 Subsections (1) and (2) were amended, as from 1 October 1995, by section 10(3) Department of Justice (Restructuring) Act 1995 (1995 No 39) by substi­ tuting “Department for Courts” for “Department of Justice”.
(2) 110 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 4 s 122 (2) (1A) 121 Enforcement (1) The following orders made by the Tribunal may, on registra­ tion of a certiﬁed copy in the District Court, be enforced in all respects as if they were an order of that Court: (a) (b) an order for the award of costs under section 92L; and an order for the award of damages under section 92M; and an interim order under section 95.
(c) Every person commits an offence and is liable on summary conviction to a ﬁne not exceeding $5,000 who contravenes or refuses to comply with any other order of the Tribunal made under section 92I or an interim order of the Tribunal made under section 95.

Compare: 1977 No 49 s 61 Subsection (1) was substituted, as from 1 January 2002, by section 25(1) Human Rights Amendment Act 2001 (2001 No 96).
Subsection (2) was amended, as from 1 January 2002, by section 25(2) Human Rights Amendment Act 2001 (2001 No 96) by substituting “section 92I or an interim order of the Tribunal made under section 95” for “section 86 of this Act”.
122 Stating case for High Court (1) The Tribunal may, at any time, before or during the hearing or before delivering its decision, on the application of any party to the proceedings or of its own motion, state a case for the opinion of the High Court on any question of law arising in any proceedings before the Tribunal.
If, in any proceedings before the Tribunal, the validity of any regulation is questioned, the Tribunal must, unless it considers that there is no arguable case in support of the contention that the regulation is invalid, either— (a) state a case for the opinion of the High Court on the relevant question or questions of law; or if the leave of the High Court is obtained, order, under section 122A(1), that the proceedings before it or the relevant matter or matters at issue be removed to the High Court for determination.
(b) (2) The Tribunal shall give notice to the parties to the proceedings of the Tribunal’s intention to state a case under this section, 111 Part 4 s 122A Human Rights Act 1993 Reprinted as at 3 September 2007 (3) specifying the registry of the High Court in which the case is to be ﬁled.
Except where the Tribunal intends to state the case of its own motion, the question shall be in the form of a special case drawn up by the parties to the proceedings, and, if the parties do not agree, to be settled by the Tribunal.

(4) Where the Tribunal intends to state the case of its own mo­ tion, it shall itself state and sign a case setting forth the facts and questions of law arising for the determination of the High Court.
The High Court shall hear and determine any question sub­ mitted to it under this section, and shall remit the case with its opinion to the Tribunal.

Compare: 1977 No 49 s 62 (5) Subsection (1A) was inserted, as from 1 January 2002, by section 26 Human Rights Amendment Act 2001 (2001 No 96).
122A Removal to High Court of proceedings or issue (1) The Tribunal may, with the leave of the High Court, order that proceedings before it under this Act, or a matter at issue in them, be removed to the High Court for determination.
The Tribunal may make an order under this section, with the leave of the High Court, before or during the hearing, and either on the application of a party to the proceedings or on its own initiative, but only if— (a) an important question of law is likely to arise in the proceedings or matter other than incidentally; or the validity of any regulation is questioned in proceed­ ings before the Tribunal (whether on the ground that it authorises or requires unjustiﬁable discrimination in cir­ cumstances where the statutory provision purportedly empowering the making of the regulation does not au­ thorise the making of a regulation authorising or requir­ ing unjustiﬁed discrimination, or otherwise); or the nature and the urgency of the proceedings or matter mean that it is in the public interest that they or it be removed immediately to the High Court; or the High Court already has before it other proceedings, or other matters, that are between the same parties and (b) (c) (d) (2) 112 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 4 s 122B (e) involve issues that are the same as, or similar or related to, those raised by the proceedings or matter; or the Tribunal is of the opinion that, in all the circum­ stances, the High Court should determine the proceed­ ings or matter.
(4) (3) Despite subsection (2), if the validity of any regulation is ques­ tioned in proceedings before the Tribunal and the leave of the High Court is obtained for the making of an order under this section, the Tribunal must make an order under this section.
If the Tribunal declines to remove proceedings, or a matter at issue in them, to the High Court (whether as a result of the refusal of the High Court to grant leave or otherwise), the party applying for the removal may seek the special leave of the High Court for an order of the High Court that the proceedings or matter be removed to the High Court and, in determining whether to grant an order of that kind, the High Court must apply the criteria stated in subsection (2)(a) to (d).
(5) An order for removal to the High Court under this section may be made subject to any conditions the Tribunal or the High Court, as the case may be, thinks ﬁt.

(6) Nothing in this section limits section 122.

Sections 122A and 122B were inserted, as from 1 January 2002, by section 27 Human Rights Amendment Act 2001 (2001 No 96).
122B Proceedings or issue removed to High Court (1) If the Tribunal, acting under section 122A, orders the removal of proceedings, or a matter at issue in them, to the High Court, unless section 122A(2)(b) applies the High Court may, if it considers that the proceedings or matter ought instead to be determined by the Tribunal, order that the Tribunal determine the matter.
If the Tribunal, under section 122A, orders that proceedings, or a matter at issue in them, be removed to the High Court, and the High Court makes no order under subsection (1),— (a) the High Court must determine the proceedings or mat­ ter and may exercise any power that the Tribunal could have exercised in, or in relation to, the proceedings or matter; and (2) 113 Part 4 s 123 Human Rights Act 1993 Reprinted as at 3 September 2007 (b) a party to the proceedings may, under section 124, ap­ peal to the Court of Appeal against the determination of the High Court on a question of law arising in the pro­ ceedings.
Sections 122A and 122B were inserted, as from 1 January 2002, by section 27 Human Rights Amendment Act 2001 (2001 No 96).

123 Appeals to High Court (1) Where any party is dissatisﬁed with any interim order made by the Chairperson under section 95 of this Act, that party may appeal to the High Court against the whole or part of that order.
(2) A party to a proceeding under section 92B or section 92E may appeal to the High Court against all or any part of a decision of the Tribunal— (a) (b) dismissing the proceeding; or granting one or more of the remedies described in sec­ tion 92I; or granting the remedy described in section 92J; or refusing to grant the remedy described in section 92J; or constituting a ﬁnal determination of the Tribunal in the proceeding.
(c) (d) (e) (2A) For the purposes of subsection (2)(d), the Tribunal does not in a proceeding refuse to grant the remedy described in section 92J unless— (a) a party to the proceeding expressly applies to the Tri­ bunal for the remedy in relation to a particular enact­ ment; and the Tribunal does not grant the remedy in relation to that enactment.
(b) (4) (3) Where any party is dissatisﬁed with any decision of the Tri­ bunal making a declaration under section 97 of this Act, that party may appeal to the High Court against the whole or any part of that decision.

Every appeal under this section shall be made by giving notice of appeal within 30 days after the date of the giving by the Tribunal in writing of the decision to which the appeal relates.
In determining any appeal under this section the High Court shall have the powers conferred on the Tribunal by sections (5) 114 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 4 s 124 (6) 105 and 106 of this Act, and those sections shall apply accord­ ingly with such modiﬁcations as are necessary.
In its determination of any appeal, the Court may— (a) Conﬁrm, modify, or reverse the order or decision ap­ pealed against, or any part of that order or decision: Exercise any of the powers that could have been exer­ cised by the Tribunal in the proceedings to which the appeal relates.
(b) (7) Notwithstanding anything in subsection (6) of this section, the Court may in any case, instead of determining any appeal, re­ fer to the Tribunal, in accordance with the rules of Court, for further consideration by the Tribunal, the whole or any part of the matter to which the appeal relates.

Subject to the provisions of this Act, the procedure in respect of any such appeal shall be in accordance with the rules of Court.
(8) (9) Notice of appeal shall not operate as a stay of proceedings in respect of the decision to which the appeal relates unless the Tribunal or the High Court so orders.

Compare: 1977 No 49 s 63 Subsection (2) was substituted, as from 1 January 2002, by section 28 Human Rights Amendment Act 2001 (2001 No 96).

Subsection (2) was substituted, as from 1 January 2004, by section 47 Supreme Court Act 2003 (2003 No 53).

See sections 50 to 55 of that Act for the transi­ tional and savings provisions.
Subsection (2A) was inserted, as from 1 January 2004, by section 47 Supreme Court Act 2003 (2003 No 53).

See sections 50 to 55 of that Act for the transi­ tional and savings provisions.
124 Appeal to Court of Appeal on a question of law (1) Any party to any proceedings before the High Court under this Act may, with the leave of the High Court, appeal to the Court of Appeal against any determination of the High Court on a question of law arising in those proceedings: Provided that, if the High Court refuses to grant leave to appeal to the Court of Appeal, the Court of Appeal may grant special leave to appeal.
(2) A party desiring to appeal to the Court of Appeal under this section shall, within 21 days after the determination of the High Court, or within such further time as that Court may al­ 115 Part 4 s 125 Human Rights Act 1993 Reprinted as at 3 September 2007 low, give notice of his or her application for leave to appeal in such manner as may be directed by the rules of that Court, and the High Court may grant leave accordingly if in the opinion of that Court the question of law involved in the appeal is one which, by reason of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for decision.
(3) Where the High Court refuses leave to any party to appeal to the Court of Appeal under this section, that party may, within 21 days after the refusal of the High Court or within such fur­ ther time as the Court of Appeal may allow, apply to the Court of Appeal, in such manner as may be directed by the rules of that Court, for special leave to appeal to that Court, and the Court of Appeal may grant leave accordingly if, in the opin­ ion of that Court, the question of law involved in the appeal is one which, by reason of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for decision.
(5) (4) On any appeal to the Court of Appeal under this section, the Court of Appeal shall have the same power to adjudicate on the proceedings as the High Court had.

The same judgment must be entered in the High Court, and the same execution and other consequences and proceedings must follow on it, as if the decision of the Court of Appeal on an appeal under this section had been given in the High Court.
The decision of the Court of Appeal on any application to that Court for leave to appeal shall be ﬁnal.

Compare: 1977 No 49 s 64 (6) Subsection (5) was substituted, as from 1 January 2004, by section 47 Supreme Court Act 2003 (2003 No 53).

See sections 50 to 55 of that Act for the transi­ tional and savings provisions.
125 Costs of appeal The High Court shall have power to make such order as to the whole or any part of the costs of an appeal under section 123 of this Act as may seem just but every order for costs shall follow the outcome of the appeal unless the Court otherwise orders.
Compare: 1977 No 49 s 65 116 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 4 s 126 126 Additional members of High Court for purposes of Act (1) Under section 92T; or For the purpose of the exercise by the High Court of its juris­ diction and powers— (a) (b) Under section 123 in respect of any appeal under section 123(2) or section 123(3) of this Act in which a question of fact is involved,— (2) (3) (4) (5) there shall be 2 additional members of the Court who shall be persons appointed by a Judge of the Court for the purposes of the hearing or appeal from the panel maintained by the Minis­ ter under section 101 of this Act.
Before entering upon the exercise of the duties of their ofﬁce, the additional members shall take an oath before a Judge of the High Court that they will faithfully and impartially perform the duties of their ofﬁce.

The presence of a Judge of the High Court and of at least one additional member shall be necessary to constitute a sitting of the Court.
The decision of a majority (including the Judge, or, where more than one Judge sits, including a majority of the Judges) of the members present at a sitting of the Court shall be the decision of the Court.

If the members present are equally di­ vided in opinion, the decision of the Judge, or of a majority of the Judges, shall be the decision of the Court.
If any question before the Court cannot be decided in accord­ ance with subsection (4) of this section, the question shall be referred to the Court of Appeal for decision in accordance with the practice and procedure of that Court, which for the purpose shall have all the powers of the Court under this Act.

The de­ cision of the Court of Appeal in any proceedings under this subsection shall be ﬁnal and shall take effect and be entered as if it were a decision of the Court under this Act.
(6) An additional member is entitled— (a) (b) to receive remuneration not within paragraph (b) for services as a member at a rate and of a kind determined by the Minister in accordance with the fees framework; and in accordance with the fees framework, to be reim­ bursed for actual and reasonable travelling and other 117 Part 5 s 126A Human Rights Act 1993 Reprinted as at 3 September 2007 (7) expenses incurred in carrying out his or her ofﬁce as a member.
For the purposes of subsection (6), fees framework means the framework determined by the Government from time to time for the classiﬁcation and remuneration of statutory and other bodies in which the Crown has an interest.

Compare: 1977 No 49 s 66; 1991 No 60 s 3(4) Subsection (1)(a) was amended, as from 1 January 2002, by section 29(a) Human Rights Amendment Act 2001 (2001 No 96) by substituting “section 92T” for “section 90 of this Act”.
Subsection (1)(b) was amended, as from 1 January 2002, by section 29(b) Human Rights Amendment Act 2001 (2001 No 96) by substituting “section 123” for “sections 123 to 125 of this Act”.

Subsection (6) was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Subsection (7) was inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Part 5 Powers in relation to inquiries The heading to Part 5 was amended, as from 1 January 2002, by section 30 Human Rights Amendment Act 2001 (2001 No 96) by substituting “in­ quiries” for “investigations”.
126A Evidence order (1) Any District Court Judge who is satisﬁed, on an application made by the Commission in accordance with subsection (3), that any person can provide information, documents, or things, or give evidence, that will or may be relevant to a speciﬁed inquiry, may make an order— (a) requiring that person to produce to the Commission any information, or documents, or things speciﬁed in the order; or requiring that person to give evidence to the Commis­ sion about matters that, in the opinion of the District Court Judge, are relevant to the inquiry.
(b) If an order is made under subsection (1)(a), the District Court Judge may, as a condition of the order, require the Commission to reimburse the person who is the subject of the order for the actual and reasonable expenses incurred by that person in (2) 118 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 5 s 127 complying with the order or in producing any speciﬁed class of information, documents, or things.
(3) An application by the Commission for an order under subsec­ (c) tion (1) must be in writing and must— (a) (b) set out the reasons why the order is sought; and if an order is sought under subsection (1)(a), set out the information, documents, or things in respect of which the order is sought; and explain why the information, documents, things, or evi­ dence in question will or may be relevant to the inquiry.
In this section, speciﬁed inquiry means an inquiry by the Commission under section 5(2)(h) into the contravention or possible contravention by any person of New Zealand law re­ lating to human rights.

Section 126A was inserted, as from 1 January 2002, by section 31 Human Rights Amendment Act 2001 (2001 No 96).
(4) 127 Evidence (1) (2) (3) The Commission may, by notice in writing, require any person who is the subject of an order under section 126A(1)(a) to provide any information, and to produce any documents or things in the possession of or under the control of that person, that are speciﬁed in the order.
The Commission may summon before it, and examine on oath, any person who is subject to an order under section 126A(1)(b), in accordance with the terms of the order, and a Commissioner may for that purpose administer an oath to the person summoned.

Every such examination by a Commission shall be deemed to be a judicial proceeding within the meaning of section 108 of the Crimes Act 1961 (which relates to perjury).
Compare: 1977 No 49 s 73(1) (2) Subsections (1) and (2) were substituted, as from 1 January 2002, by section 32 Human Rights Amendment Act 2001 (2001 No 96).

Subsection (3) was amended, as from 1 January 2002, by section 32 Human Rights Amendment Act 2001 (2001 No 96) by substituting “Commission” for “Commissioner”.
119 Part 5 s 128 Human Rights Act 1993 Reprinted as at 3 September 2007 128 Protection and privileges of witnesses, etc (1) Every person shall have the same privileges in relation to the giving of information to, the answering of questions put by, and the production of documents and things to, a Commission as witnesses have in any Court.
(2) No person shall be required to supply any information to or to answer any question put by a Commission in relation to any matter, or to produce to a Commission any document or paper or thing relating to any matter, in any case where com­ pliance with that requirement would be in breach of an obli­ gation of secrecy or non­disclosure imposed on that person by the provisions of any Act or regulations, other than the Ofﬁcial Information Act 1982.
(3) No person shall be liable to prosecution for an offence against any enactment, other than section 143 of this Act, by reason of that person’s compliance with any requirement of a Com­ mission under section 127 of this Act.
(4) Where the attendance of any person is required by a Commis­ sion under section 127 of this Act, the person shall be entitled to the same fees, allowances, and expenses as if the person were a witness in a Court and, for the purpose,— (a) The provisions of any regulations in that behalf under the Summary Proceedings Act 1957 shall apply accord­ ingly; and The Commission shall have the powers of a Court under any such regulations to ﬁx or disallow, in whole or in part, or to increase, any amounts payable under the regulations.
(b) Compare: 1977 No 49 s 73(3), (4), (6), (7) Section 128 was amended, as from 1 January 2002, by section 33 Human Rights Amendment Act 2001 (2001 No 96) by substituting “Commission” for “Com­ missioner” in each place where it appears.
129 Disclosure of certain matters not to be required (1) Where— (a) The Prime Minister certiﬁes that the giving of any infor­ mation or the answering of any question or the produc­ tion of any document or thing might prejudice the secur­ ity, defence, or international relations of New Zealand 120 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 5 s 130 (b) (including New Zealand’s relations with the Govern­ ment of any other country or with any international or­ ganisation); or The Attorney­General certiﬁes that the giving of any in­ formation or the answering of any question or the pro­ duction of any document or thing— (i) Might prejudice the prevention, investigation, or detection of offences; or (ii) Might involve the disclosure of proceedings of Cabinet, or any committee of Cabinet, relating to matters of a secret or conﬁdential nature, and such disclosure would be injurious to the public interest,— (2) the Commission shall not require the information to be given, or, as the case may be, the document or thing to be produced.
Subject to the provisions of subsection (1) of this section, the rule of law which authorises or requires the withholding of any document, or the refusal to answer any question, on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest shall not apply in respect of any investigation by a Commission.
Compare: 1977 No 49 s 74 Section 129 was amended, as from 1 January 2002, by section 34 Human Rights Amendment Act 2001 (2001 No 96) by substituting “Commission” for “Com­ missioner” in both places where it appears.

130 Proceedings privileged (1) Sections 120 to 126 of the Crown Entities Act 2004 apply ex­ cept to the extent provided in subsections (2) and (2A) (which set out special rules relating to proceedings under section 131 (which relates to inciting racial disharmony)).
(2) No proceedings under section 131 lie against any Commis­ sioner or person engaged or employed in connection with the work of the Commission and the Director of Human Rights Proceedings (relevant person) for anything he or she may do or report or say in the course of the exercise or intended exer­ cise of his or her duties under this Act, unless it is shown that he or she acted in bad faith.
121 Part 5 s 130 Human Rights Act 1993 Reprinted as at 3 September 2007 (2A) Sections 122 to 126 of the Crown Entities Act 2004 then apply as if the conduct for which a relevant person may be indem­ niﬁed or insured under those sections included conduct that is covered by the immunity in subsection (2).
(2B) No relevant person can be required to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his or her knowledge in the exercise of his or her functions.
(3) Nothing in subsection (2) of this section applies in respect of proceedings for— (a) (b) An offence against section 78 or section 78A(1) or sec­ tion 105 or section 105A or section 105B of the Crimes Act 1961; or The offence of attempting or conspiring to commit an offence against section 78 or section 78A(1) or section 105 or section 105A or section 105B of the Crimes Act 1961.
(5) (4) Anything said or any information supplied or any document or thing produced by any person in the course of any inquiry by, or proceedings before, the Commission or a Commissioner under this Act shall be privileged in the same manner as if the inquiry or proceedings were proceedings in a Court.
For the purposes of clause 3 of Part 2 of Schedule 1 to the Defamation Act 1992, any report made by the Commission or a Commissioner under this Act shall be deemed to be an ofﬁcial report made by a person holding an inquiry under the authority of the Parliament of New Zealand.
Compare: 1971 No 150 s 20; 1977 No 49 s 76; 1982 No 156 s 50; 1991 No 126 s 29; 1993 No 35 s 6 Subsection (1) was amended, as from 1 January 2002, by section 35(a) Human Rights Amendment Act 2001 (2001 No 96) by adding “and the Director of Human Rights Proceedings”.

Subsections (1) and (2) were substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Subsections (2A) and (2B) were inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Subsection (4) was amended, as from 1 January 2002, by section 35(b) Human Rights Amendment Act 2001 (2001 No 96) by omitting “or investigation” in both places where they appear.
122 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 7 s 133 Part 6 Inciting racial disharmony 131 (1) (2) Inciting racial disharmony Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a ﬁne not exceeding $7,000 who, with intent to excite hos­ tility or ill­will against, or bring into contempt or ridicule, any group of persons in New Zealand on the ground of the colour, race, or ethnic or national origins of that group of persons,— Publishes or distributes written matter which is threat­ (a) ening, abusive, or insulting, or broadcasts by means of radio or television words which are threatening, abu­ sive, or insulting; or (b) Uses in any public place (as deﬁned in section 2(1) of the Summary Offences Act 1981), or within the hearing of persons in any such public place, or at any meeting to which the public are invited or have access, words which are threatening, abusive, or insulting,— being matter or words likely to excite hostility or ill­will against, or bring into contempt or ridicule, any such group of persons in New Zealand on the ground of the colour, race, or ethnic or national origins of that group of persons.
For the purposes of this section, publishes or distributes and written matter have the meaning given to them in section 61 of this Act.

Compare: 1971 No 150 s 25; 1977 No 49 s 86 132 No prosecution without Attorney­General’s consent No prosecution for an offence against section 131 of this Act shall be instituted without the consent of the Attorney­General.
Compare: 1971 No 150 s 26 Part 7 Miscellaneous provisions 133 Licences and registration (1) Where any person is licensed or registered under any enact­ ment to carry on any occupation or activity or where any premises or vehicle are registered or licensed for any purpose 123 Part 7 s 134 Human Rights Act 1993 Reprinted as at 3 September 2007 That in the carrying on of the occupation or activity; or That in the use of the premises or vehicle,— under any enactment, and where the person or other authority authorised to renew, revoke, cancel, or review any such licence or registration is satisﬁed— (a) (b) there has been a breach of any of the provisions of Part 2 of this Act, the person or authority, in addition to any other powers which that person or authority has, but subject to subsection (2) of this section, may refuse to renew or may revoke or cancel any such licence or registration, as the case may require, or may impose any other penalty authorised by the enactment, whether by way of censure, ﬁne, or otherwise.
(2) Any procedural requirements of the enactment, including any whereby a complaint is a prerequisite to the exercise by the person or authority of its powers under the enactment, shall be observed.
In any case in which any of the powers conferred by subsection (1) of this section are exercised,— (a) The person or authority shall in giving its decision state that the decision is being made pursuant to subsection (1) of this section; and (3) (b) Any person who would have been entitled to appeal against that decision if it had been made on other grounds shall be entitled to appeal against the decision made pursuant to subsection (1) of this section.
In this section the term enactment means any provision of any Act, regulations, or bylaws.
Compare: 1971 No 150 s 23 (4) 134 Access by the public to places, vehicles, and facilities (1) Every person commits an offence who— (a) Refuses to allow any other person access to or use of any place or vehicle which members of the public are entitled or allowed to enter or use; or Refuses any other person the use of any facilities in that place or vehicle which are available to members of the public; or Requires any other person to leave or to cease to use that place or vehicle or those facilities,— (b) (c) 124 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 7 s 138 (2) (3) when that refusal or requirement is in breach of any of the provisions of Part 2 of this Act.
Every person who commits an offence against this section is liable on summary conviction to a ﬁne not exceeding $3,000.

In this section the term vehicle includes a vessel, an aircraft, or a hovercraft.

Compare: 1971 No 150 s 24; 1977 No 49 s 86 135 No prosecution without Attorney­General’s consent No prosecution for an offence against section 134 of this Act shall be instituted without the consent of the Attorney­General.
Compare: 1971 No 150 s 26 136 Condition in restraint of marriage A condition, whether oral or contained in a deed, will, or other instrument, which restrains or has the effect of restraining mar­ riage shall be void if the person or class of person whom the person subject to the condition may or may not marry is iden­ tiﬁed or deﬁned, expressly or by implication, by reference to the colour, race, or ethnic or national origins of the person or class of person.
Compare: 1971 No 150 s 27(1) 137 Advisors to be ofﬁcials (1) (2) Every person engaged by the Commission in connection with its work is an ofﬁcial for the purposes of sections 105 and 105A of the Crimes Act 1961.

This section does not limit section 135 of the Crown Entities Act 2004.

Section 137 was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
138 No adverse statement The Commission must not, in any report or statement made pursuant to this Act, make any comment that is adverse to any person unless that person has been given an opportunity to be heard.
Compare: 1977 No 49 s 78(2); 1991 No 126 s 32 125 Part 7 s 139 Human Rights Act 1993 Reprinted as at 3 September 2007 Section 138 was amended, as from 1 January 2002, by section 36 Human Rights Amendment Act 2001 (2001 No 96) by substituting “The Commission must not” for “Neither the Commission nor the Complaints Division shall”.

139 Restriction on delegation (1) (2) The Commission may not delegate the powers or functions in section 7 or section 76.
In other respects, section 73 of the Crown Entities Act 2004 ap­ plies.

Sections 139 and 140 were substituted, as from 1 January 2002, by section 37 Human Rights Amendment Act 2001 (2001 No 96).

Section 139 was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
140 Delegation of powers by certain Commissioners (1) The Chief Human Rights Commissioner or the Race Relations Commissioner may, in writing signed by him or her, delegate to an ofﬁcer or employee of the Commission any of the Com­ missioner’s functions or powers under this Act, except this power of delegation and the power to make a report under this Act.
(2) A delegation under this section— (a) may be made to a speciﬁed person or to the holder for the time being of a speciﬁed ofﬁce or to the holders of ofﬁces of a speciﬁed class; and (b) may be made subject to any restrictions or conditions the Commissioner thinks ﬁt; and (c) may be made either generally or in relation to any par­ (d) ticular case or class of cases; and is revocable at will and, until revoked, continues in force according to its tenor.
If a function or power is delegated under this section, the per­ formance or exercise of the function or power must not be in­ consistent with determinations of the Commission under sec­ tion 7.

If a function or power is delegated under this section and the Commissioner by whom it was made ceases to hold ofﬁce, the delegation continues to have effect as if it were made by his or her successor.
(3) (4) 126 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 7 s 142 (6) (5) A person purporting to exercise a function or power of a Com­ missioner by virtue of a delegation under this section must, when required to do so, produce evidence of the person’s au­ thority to exercise the power.
Sections 62 to 72 of the Crown Entities Act 2004 apply to a delegate under this section as if the delegate were a member and as if the disclosure must be made to the Commission and with other necessary modiﬁcations.

Sections 74 to 76 of the Crown Entities Act 2004 do not apply to a delegation under this section.

Compare: 1977 No 49 s 80 (7) Sections 139 and 140 were substituted, as from 1 January 2002, by section 37 Human Rights Amendment Act 2001 (2001 No 96).
Subsections (6) and (7) were inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

141 Annual report [Repealed] Section 141 was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
141A Certain acts not to be questioned (1) No action of the Chief Commissioner or the Race Relations Commissioner that is required by this Act to be undertaken jointly with the other may be questioned in any proceedings on the ground that it was not undertaken jointly.
(2) No action of the Chief Commissioner or the Equal Employ­ ment Opportunities Commissioner that is required by this Act to be undertaken jointly with the other may be questioned in any proceedings on the ground that it was not undertaken jointly.

Section 141A was inserted, as from 1 July 2002, by section 38 Human Rights Amendment Act 2001 (2001 No 96).
142 Money to be appropriated by Parliament for purposes of this Act [Repealed] Section 142 was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
127 Part 7 s 143 Human Rights Act 1993 Reprinted as at 3 September 2007 143 Offences Every person commits an offence against this Act and is liable on summary conviction to a ﬁne not exceeding $3,000 who— (a) Without lawful justiﬁcation or excuse, wilfully ob­ structs, hinders, or resists the Commission or a Com­ missioner or any other person in the exercise of its or his or her powers under this Act: (b) Without lawful justiﬁcation or excuse, refuses or wil­ fully fails to comply with any lawful requirement of the Commission or a Commissioner or any other per­ son under this Act: (c) Makes any false statement knowing it to be false or in­ tentionally misleads or attempts to mislead the Com­ mission or a Commissioner or any other person in the exercise of its or his or her powers under this Act.
Compare: 1971 No 150 s 29; 1977 No 49 s 84 144 Regulations (1) The Governor­General may from time to time, by Order in Council, make regulations for all or any of the following pur­ poses: (a) Prescribing the procedure to be followed under this Act in respect of complaints to and proceedings before the Commission or in respect of proceedings before the Tri­ bunal: Prescribing forms for the purposes of this Act, and re­ quiring the use of such forms: Providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
(b) (c) For the avoidance of doubt, it is hereby declared that the power conferred by subsection (1) of this section to make regulations in respect of proceedings before the Tribunal includes power to make regulations in respect of proceedings in connection with the exercise or performance of any function, power, or duty conferred or imposed on the Tribunal by or under any other enactment.
Compare: 1977 No 49 s 85 (2) 128 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 7 s 148A Subsection (1)(a) was amended, as from 1 January 2002, by section 39 Human Rights Amendment Act 2001 (2001 No 96) by omitting “or the Complaints Division”.

Subsection (2) was inserted, as from 21 October 1994, by section 82 Health and Disability Commissioner Act 1994 (1994 No 88).
See the Human Rights Review Tribunal Regulations 2002 (SR 2002/19) which, as from 21 March 2002, prescribe procedures to be followed in proceedings before the Human Rights Review Tribunal (the renamed Complaints Review Tribunal).

145 Related amendments to other enactments [Repealed] Sections 145 to 147 were repealed, as from 1 January 2002, by section 40 Human Rights Amendment Act 2001 (2001 No 96).
146 Repeals [Repealed] Sections 145 to 147 were repealed, as from 1 January 2002, by section 40 Human Rights Amendment Act 2001 (2001 No 96).

147 Revocation [Repealed] Sections 145 to 147 were repealed, as from 1 January 2002, by section 40 Human Rights Amendment Act 2001 (2001 No 96).

Transitional provisions 148 Former ofﬁce of Commissioner abolished (1) The ofﬁce of Commissioner under section 7(1) of the principal Act (as it read immediately before the commencement of this section) is abolished.
(2) No person is entitled to compensation for loss of ofﬁce as a Commissioner under subsection (1).

Section 148 and the heading “Transitional provisions” were substituted, as from 1 January 2002, by section 40 Human Rights Amendment Act 2001 (2001 No 96).
148A Certain former Commissioners to be transitional (1) members of Commission The person who, immediately before the commencement of this section, held ofﬁce as Chief Commissioner under section 7(1)(a) (as it read immediately before the commencement of this section) is taken to have been appointed to the ofﬁce of 129 Part 7 s 148B Human Rights Act 1993 Reprinted as at 3 September 2007 (2) (3) (4) (5) Chief Commissioner under section 8(1)(a) (as substituted by section 5 of the Human Rights Amendment Act 2001).
The person who, immediately before the commencement of this section, held ofﬁce as the Race Relations Conciliator is taken to have been appointed to the ofﬁce of Race Relations Commissioner under section 8(1)(b) (as substituted by section 5 of the Human Rights Amendment Act 2001).
Every person who, immediately before the commencement of this section, held ofﬁce as Commissioner under section 7(1)(e) (as it read immediately before the commencement of this section) is taken to have been appointed to the ofﬁce of Commissioner under section 8(1)(d) (as substituted by section 5 of the Human Rights Amendment Act 2001).
The Privacy Commissioner appointed under the Privacy Act 1993 and the Commissioner appointed to be Proceedings Commissioner under section 7(1)(d) (as it read before the commencement of the Human Rights Amendment Act 2001) cease to be Human Rights Commissioners on the commence­ ment of this section.
Every person who is taken to have been appointed to the ofﬁce of Commissioner under this section is appointed on the same terms and conditions and for the remainder of the term for which the person was appointed under section 7(1) (as it read immediately before the commencement of this section).

Sections 148A to 148O were inserted, as from 1 January 2002, by section 40 Human Rights Amendment Act 2001 (2001 No 96).
Race Relations Conciliator 148B Assets and liabilities vest in Commission On the commencement of this section, the assets and liabilities of the Race Relations Conciliator vest in the Commission.

Sections 148A to 148O were inserted, as from 1 January 2002, by section 40 Human Rights Amendment Act 2001 (2001 No 96).
148C References to Race Relations Conciliator (1) From the commencement of this section, unless the context otherwise requires, every reference to the Race Relations Con­ 130 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 7 s 148F ciliator in any instrument, document, or notice is to be read as a reference to the Race Relations Commissioner.
(2) Despite subsection (1), every reference to the Race Relations Conciliator in any contract or other instrument, document, or notice that creates, or is evidence of, an asset or liability, must be read as a reference to the Commission.

Sections 148A to 148O were inserted, as from 1 January 2002, by section 40 Human Rights Amendment Act 2001 (2001 No 96).
148D Proceedings Any proceedings to which the Race Relations Conciliator was a party or that he or she was considering bringing, before the commencement of this section, may be brought, continued, completed, and enforced by or against the Commission.

Sections 148A to 148O were inserted, as from 1 January 2002, by section 40 Human Rights Amendment Act 2001 (2001 No 96).
148E Commission to arrange ﬁnal audited accounts The Commission must perform the duties that the Race Re­ lations Conciliator would have had to perform under section 41 of the Public Finance Act 1989 if the Human Rights Amendment Act 2001 had not been enacted, for the period beginning on 1 July 2001 and ending with the close of 31 December 2001.

Sections 148A to 148O were inserted, as from 1 January 2002, by section 40 Human Rights Amendment Act 2001 (2001 No 96).
148F All employees transferred to Commission (1) Every person employed by the Race Relations Conciliator im­ mediately before the commencement of this section is, on and from that date, an employee of the Commission on the same terms and conditions that applied to the employee immediately before that date.
For the purposes of every enactment, law, contract, and agree­ ment relating to the employment of the employee,— (a) the contract of employment of that employee is taken to be unbroken; and the employee’s period of service with the Race Rela­ tions Conciliator and every other period of service of (b) (2) 131 Part 7 s 148G Human Rights Act 1993 Reprinted as at 3 September 2007 that employee that is recognised by the Race Relations Conciliator as continuous service is taken to have been a period of service with the Commission.
(3) A person to whom subsection (1) applies is not entitled to any compensation just because the person has ceased to be an em­ ployee of the Race Relations Conciliator.

Sections 148A to 148O were inserted, as from 1 January 2002, by section 40 Human Rights Amendment Act 2001 (2001 No 96).
Proceedings Commissioner 148G Proceedings Commissioner (1) The person who, immediately before the commencement of this section, held ofﬁce as the Proceedings Commissioner under section 7(1)(d) (as it read immediately before the com­ mencement of this section) is taken to have been appointed to the ofﬁce of Director of Human Rights Proceedings under section 20A (as substituted by section 5 of the Human Rights Amendment Act 2001).
The Director of Human Rights Proceedings is appointed on the same terms and conditions and for the remainder of the term for which he or she was appointed Proceedings Commissioner.

Sections 148A to 148O were inserted, as from 1 January 2002, by section 40 Human Rights Amendment Act 2001 (2001 No 96).
(2) 148H References to Proceedings Commissioner From the commencement of this section, unless the context otherwise requires, every reference to the Proceedings Com­ missioner in any instrument, document, or notice is to be read as a reference to the Director.

Sections 148A to 148O were inserted, as from 1 January 2002, by section 40 Human Rights Amendment Act 2001 (2001 No 96).
148I Proceedings to which Proceedings Commissioner party (1) Proceedings to which the Proceedings Commissioner was a party or that he or she was considering bringing, before the commencement of this section— (a) must be brought, continued, completed, and enforced by the Director; and 132 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 7 s 148J (b) may be brought, continued, completed, and enforced against the Director.
(2) Sections 86 to 92, 95, and 97 (as they read immediately before the commencement of this section) apply (with any necessary modiﬁcations) to any proceedings to which the Proceedings Commissioner was a party before the commencement of this section as if— (a) (b) the Director were the Proceedings Commissioner; and the Ofﬁce of Human Rights Proceedings were the Com­ mission; and the Human Rights Review Tribunal were the Com­ plaints Review Tribunal.
(c) Sections 148A to 148O were inserted, as from 1 January 2002, by section 40 Human Rights Amendment Act 2001 (2001 No 96).
148J Complaints referred to Proceedings Commissioner for (1) (2) decision as to proceedings Subsection (2) applies— (a) if a complaint is referred to the Proceedings Commis­ sioner under section 75(g) (as it read immediately be­ fore the commencement of this section), but no proceed­ ings have been instituted by the Proceedings Commis­ sioner; or if the Proceedings Commissioner was required to de­ cide whether to institute proceedings against a party to a settlement under section 82(1)(c) (as it read immedi­ ately before the commencement of this section), but no proceedings were instituted by the Proceedings Com­ missioner before the commencement of this section.
If this subsection applies,— (a) if the Commissioner has not made a decision on whether to institute proceedings, the Director must decide, under section 90(1)(c), whether to provide representation in relation to the complaint: if the Commissioner has made a decision to institute proceedings, the Director must provide representation for the complainant or aggrieved party (as the case may be) in the proceedings: (b) (b) 133 Part 7 s 148K Human Rights Act 1993 Reprinted as at 3 September 2007 (c) if the Commissioner has made a decision not to institute proceedings, that decision is deemed to have been made by the Director.
Sections 148A to 148O were inserted, as from 1 January 2002, by section 40 Human Rights Amendment Act 2001 (2001 No 96).

(2) 148K Transfer of employees from Commission to Ofﬁce (1) The Commission and the Ofﬁce of Human Rights Proceedings may, after consulting the employee concerned, agree to the transfer of an employee from the Commission to the Ofﬁce of Human Rights Proceedings on the same terms and conditions that applied to the employee immediately before the date of transfer.
For the purposes of every enactment, law, contract, and agree­ ment relating to the employment of the employee,— (a) the contract of employment of that employee is taken to have been unbroken; and the employee’s period of service with the Commission, and every other period of service of that employee that is recognised by the Commission as continuous service, is taken to have been a period of service with the Ofﬁce of Human Rights Proceedings.
(b) (3) An employee of the Commission who is transferred to the Of­ ﬁce of Human Rights Proceedings under subsection (1) is not entitled to any compensation just because— (a) the position held by the employee with the Commission has ceased to exist; or the person has ceased (as a result of the transfer) to be an employee of the Commission.

(b) Sections 148A to 148O were inserted, as from 1 January 2002, by section 40 Human Rights Amendment Act 2001 (2001 No 96).
Complaints Division 148L Complaints Division abolished The Complaints Division of the Commission is abolished.

Sections 148A to 148O were inserted, as from 1 January 2002, by section 40 Human Rights Amendment Act 2001 (2001 No 96).
134 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 7 s 148O 148M Outstanding complaints to be dealt with by Commission under new procedure (1) A complaint lodged with the Complaints Division before the commencement of this Act must be dealt with by the Commis­ sion under Part 3 (as substituted by section 9 of the Human Rights Amendment Act 2001) as if the complaint were made to the Commission under section 76(2)(a).
For the purposes of subsection (1),— (a) (2) if the Complaints Division has called a conciliation con­ ference under section 80(1) (as it read immediately be­ fore the commencement of this section) but the confer­ ence has not taken place, the Commission must instead offer to convene a dispute resolution meeting; and if section 79(2) applies to the complaint, the Commis­ sion must inform the Attorney­General of the details of the complaint as soon as practicable.
(b) (3) Despite subsection (1), if, in relation to a complaint, the Com­ plaints Division has decided not to investigate the complaint further under section 76(1) or section 77(1)(a) (as they read immediately before the commencement of this section), the Commission must take no action or further action in relation to the complaint.

Sections 148A to 148O were inserted, as from 1 January 2002, by section 40 Human Rights Amendment Act 2001 (2001 No 96).
148N Breaches of Part 1A No act or omission that occurred before 1 January 2002 is cap­ able of being in breach of Part 1A unless— (a) the act or omission continues on or after 1 January 2002; or in the case of an enactment, the enactment is in force on or after 1 January 2002.

(b) Sections 148A to 148O were inserted, as from 1 January 2002, by section 40 Human Rights Amendment Act 2001 (2001 No 96).
148O Complaints about breaches of Part 1A (1) Despite section 76, the Commission is not under a duty to re­ ceive or assess any complaint alleging a breach of Part 1A that is made to the Commission before 1 April 2002.
135 Part 7 s 149 Human Rights Act 1993 Reprinted as at 3 September 2007 (2) The Commission is not under a duty to receive or assess any complaint alleging that an act or omission that occurred before 1 January 2002 and that ceased to continue or to be in force before 1 January 2002 is in breach of Part 1A.

Sections 148A to 148O were inserted, as from 1 January 2002, by section 40 Human Rights Amendment Act 2001 (2001 No 96).
149 Special provisions in relation to written employment Savings (1) contracts in force on 1 April 1992 This section applies to every employment contract (whether a collective employment contract or an individual employment contract) that— (a) (b) Was in force on the 1st day of April 1992; and (c) Speciﬁes an age at which an employee is required to retire.
Is in writing; and (2) Where the parties to an employment contract to which this section applies agree in writing, at any time on or after the 1st day of April 1992, to conﬁrm or vary the age speciﬁed in the employment contract, the age, as so conﬁrmed or varied, shall have effect notwithstanding section 22 of this Act.
(3) Where the parties to an employment contract to which this section applies have not agreed in writing to conﬁrm or vary the age speciﬁed in the employment contract, section 22 of this Act shall apply in relation to that employment contract.
(4) Where, as at the 1st day of April 1992, the age at which an employer is required to retire, under a term of that employee’s employment contract, was speciﬁed only in a document that sets out the employer’s policy on the retirement ages of the employer’s employees or any of them, this section shall not apply in relation to that employee’s employment contract.
Compare: 1977 No 49 s 15C; 1992 No 16 s 4 150 Charitable instruments (1) Nothing in this Act shall apply— (a) To any provision in an existing or future will, deed, or other instrument where that provision confers charitable 136 Reprinted as at 3 September 2007 Human Rights Act 1993 Part 7 s 153 beneﬁts, or enables charitable beneﬁts to be conferred, on persons against whom discrimination is unlawful by virtue of Part 2 of this Act; or To any act done in order to comply with any provision described in paragraph (a) of this subsection.
(b) (2) For the purposes of this section, charitable beneﬁts means beneﬁts for purposes that are charitable in accordance with the law of New Zealand.

Compare: 1971 No 150 s 36(1); 1977 No 49 s 91(1); 1983 No 56 s 18(1) 151 Other enactments and actions not affected [Repealed] Section 151 was repealed, as from 1 January 2002, by section 41 Human Rights Amendment Act 2001 (2001 No 96).
152 Expiry of section 151 [Repealed] Section 152 was amended, as from 1 October 1999, by section 3 Human Rights Amendment Act 1999 (1999 No 100) by substituting “31 December 2001” for “the 31st day of December 1999”.

See sections 4 to 6 of that Act as to ministerial reports on changes to enactments, contents of ministerial reports, and the requirement for the Minister to consult with the Commission.
Section 152 was repealed, as from 1 January 2002, by section 41 Human Rights Amendment Act 2001 (2001 No 96).

153 Savings (1) Nothing in this Act affects the right to bring any proceedings, whether civil or criminal, that may be brought other than under this Act, but, in assessing any damages to be awarded to or on behalf of any person under this Act or otherwise, a Court must take account of any damages already awarded to or on behalf of that person in respect of the same cause of action.
Subject to the Illegal Contracts Act 1970, no proceedings, Civil or criminal, shall lie against any person, except as pro­ vided by this Act, in respect of any act or omission which is unlawful by virtue only of any of the provisions of Part 2 of this Act.
(2) (3) 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— 137 Schedule 1 Human Rights Act 1993 Reprinted as at 3 September 2007 (a) (b) Distinguishes between New Zealand citizens and other persons, or between British subjects or Commonwealth citizens and aliens.
Compare: 1971 No 150 s 37; 1977 No 49 s 86, 93 Subsection (1) was amended, as from 1 January 2002, by section 42(1)(a) Human Rights Amendment Act 2001 (2001 No 96) by substi­ tuting “affects” for “shall affect”.

Subsection (1) was amended, as from 1 January 2002, by section 42(1)(b) Human Rights Amendment Act 2001 (2001 No 96) by substi­ tuting “that may be brought other than under this Act” for “which might have been brought if this Act had not been passed”.
Subsection (1) was amended, as from 1 January 2002, by section 42(1)(c) Human Rights Amendment Act 2001 (2001 No 96) by substi­ tuting “must” for “shall”.

Subsections (3)(a) and (4) were repealed, as from 1 January 2002, by section 42(2) Human Rights Amendment Act 2001 (2001 No 96).

Schedule 1 Administrative provisions applying in respect of commission s 20H(1) Clause 1(4) was substituted, as from 2 October 2000, by section 240 Employ­ ment Relations Act 2000 (2000 No 24).
Clause 14(2) was substituted, as from 1 July 2001, by section 53 Public Audit Act 2001 (2001 No 10).

Schedule 1 was substituted, as from 1 January 2002, by section 43 Human Rights Amendment Act 2001 (2001 No 96).
General manager: appointment, term of ofﬁce, and conditions The General manager— (a) is appointed by the Chief Human Rights Commissioner, after consultation with the Commission, under section 18, and his or her ofﬁce is a full­time one; and holds the ofﬁce for the term (not longer than 5 years) and under the conditions speciﬁed in his or her appointment; and (b) (c) may, from time to time, be reappointed; and (4) 1 (1) 138 Reprinted as at 3 September 2007 Human Rights Act 1993 Schedule 1 (2) (3) (d) unless he or she sooner vacates or no longer holds or is removed from the ofﬁce, continues in it until his or her successor comes into it, even though the term for which he or she was appointed has expired.
Subclause (1) is subject to section 117 of the Crown Entities Act 2004.
In the case of absence from duty of the General manager (for any reason) or on the occurrence of a vacancy in that position (for any reason) and while the absence or vacancy continues, all or any of the powers and duties of the General manager may be exercised and performed by any other employee of the Commission for the time being directed by the Chief Commis­ sioner (after consultation by the Chief Commissioner with the Commission) to exercise and perform them, whether the di­ rection has been given before the absence or vacancy occurs or while it continues.
(4) No direction given under subclause (3) and no acts done by any employee of the Commission acting under that direction may in any proceedings be questioned on the ground that— (a) the occasion for the direction had not arisen or had ceased; or that the employee has not been appointed to the position of General manager.

(b) Subclause (2) was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
2 3 Staff [Repealed] Clauses 2 to 5 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Employment principles [Repealed] Clauses 2 to 5 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

139 Schedule 1 Human Rights Act 1993 Reprinted as at 3 September 2007 4 5 6 (1) Appointment of experts [Repealed] Clauses 2 to 5 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Salaries and allowances [Repealed] Subclauses (1) and (2) were amended, as from 1 April 2003, by section 4(1) Re­ muneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54) by substituting “Remuneration Authority” for “Higher Salaries Com­ mission”.

Clauses 2 to 5 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Superannuation or retiring allowances For the purpose of providing superannuation or retiring al­ lowances for the Commissioners, the Commission may, out of the funds of the Commission, make payments to or sub­ sidise any superannuation scheme that is registered under the Superannuation Schemes Act 1989.
(2) Despite anything in this Act, any person who, immediately before being appointed as a Commissioner or the General manager or, as the case may be, becoming an employee of the Commission, is a contributor to the Government Super­ annuation Fund under Part 2 or Part 2A of the Government Superannuation Fund Act 1956 is deemed to be, for the purposes of the Government Superannuation Fund Act 1956 Government Superannuation Fund Act 1956, employed in the Government service so long as that person continues to hold ofﬁce as a Commissioner or the General manager or, as the case may be, to be an employee of the Commission, and that Act applies to that person in all respects as if that person’s service as a Commissioner or the General manager or, as the case may be, as an employee of that kind were Government service.
For the purpose of applying the Government Superannuation Fund Act 1956, in accordance with subclause (2), to a person who holds ofﬁce as a Commissioner or the General manager or, as the case may be, is in the service of the Commission as an employee and (in any such case) is a contributor to the (3) 140 Reprinted as at 3 September 2007 Human Rights Act 1993 Schedule 1 Government Superannuation Fund, controlling authority, in relation to the person, means the Commission.
Subclause (1) was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by omitting “and for the General manager and for any of the employees of the Commission”.

Certain Acts do not apply to staff of Commission [Repealed] Clauses 7 to 16 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Services for Commission [Repealed] Clauses 7 to 16 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Funds of Commission [Repealed] Clauses 7 to 16 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Bank accounts [Repealed] Clauses 7 to 16 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Investment of money [Repealed] Clauses 7 to 16 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Borrowing [Repealed] Clauses 7 to 16 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Seal [Repealed] Clauses 7 to 16 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

141 Schedule 2 Human Rights Act 1993 Reprinted as at 3 September 2007 Tax status [Repealed] Clauses 7 to 16 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Crown entity [Repealed] Clauses 7 to 16 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Auditor [Repealed] Clauses 7 to 16 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Schedule 2 Administrative provisions applying in respect of ofﬁce of human rights proceedings Section 20H(2) An item relating to the Employment Contracts Act 1991 in the previous sched­ ule was repealed, as from 2 October 2000, by section 241 Employment Rela­ tions Act 2000 (2000 No 24).

An item relating to the Films Act 1983 was omitted, as from 1 October 1994, by section 150(2) Films, Videos, and Publications Classiﬁcation Act 1993 (1993 No 94).
An item relating to the Residential Tenancies Act 1986 was omitted, as from 1 May 1996, by section 5(3) Residential Tenancies Amendment Act 1997 (1997 No 7).

Schedule 2 was substituted, as from 1 January 2002, by section 43 Human Rights Amendment Act 2001 (2001 No 96).
Interpretation In this schedule, unless the context otherwise requires,— Director means the Director of Human Rights Proceedings, or alternate Director of Human Rights Proceedings, appointed under section 20A functions include powers or duties Ofﬁce means the Ofﬁce of Human Rights Proceedings referred to in section 20.
14 15 16 1 142 Reprinted as at 3 September 2007 Human Rights Act 1993 Schedule 2 2 (1) (2) (3) (4) 3 4 (1) (2) Staff The Director may, in accordance with this clause, appoint any employees (including acting or temporary or casual employ­ ees) that he or she considers necessary for the efﬁcient carrying out of the functions of the Director.

Employees appointed under this clause are employed on any terms and conditions of employment the Director determines.
Subclause (2) is subject to section 116 of the Crown Entities Act 2004, except that the reference in section 116(1) to agree­ ment by a Crown entity must be read as a reference to agree­ ment by the Director.

Subclause (3) was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Subclause (4) was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Employment principles [Repealed] Clause 3 was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Appointment of experts The Director may, as and when the need arises, appoint any person (other than a Commissioner) who, in the Director’s opinion, possesses expert knowledge or is otherwise able to assist in connection with the exercise or performance of the functions of the Director to make such inquiries or to conduct such research or to make such reports or to render such other services as may be necessary for the efﬁcient exercise or per­ formance by the Ofﬁce of the functions of the Director.
The Ofﬁce must pay persons appointed under this clause, for services rendered by them, fees or commission or both at such rates as the Director thinks ﬁt, and may separately reimburse them for expenses reasonably incurred in rendering services for the Ofﬁce.
143 Schedule 2 Human Rights Act 1993 Reprinted as at 3 September 2007 5 6 (1) Application of Crown Entities Act 2004 to Director Sections 47 and 48 and 120 to 126 of the Crown Entities Act 2004 apply to the Director, with all necessary modiﬁcations, as if he or she were a member of the Commission.
Subclauses (1) and (2) were amended, as from 1 April 2003, by section 4(1) Re­ muneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54) by substituting “Remuneration Authority” for “Higher Salaries Com­ mission”.

Clause 5 was substituted, as from 25 January 2005, by section 200 Crown En­ tities Act 2004 (2004 No 115).
Superannuation or retiring allowances For the purpose of providing superannuation or retiring al­ lowances for the Director, the Ofﬁce may, out of the funds of the Ofﬁce, make payments to or subsidise any superannuation scheme that is registered under the Superannuation Schemes Act 1989.
(2) Despite anything in this Act, any person who, immediately before being appointed as the Director or, as the case may be, becoming an employee of the Ofﬁce, is a contributor to the Government Superannuation Fund under Part 2 or Part 2A of the Government Superannuation Fund Act 1956 is deemed to be, for the purposes of the Government Superannuation Fund Act 1956, employed in the Government service so long as that person continues to hold ofﬁce as the Director or, as the case may be, to be an employee of the Ofﬁce, and that Act applies to that person in all respects as if that person’s service as the Director or, as the case may be, as an employee of that kind were Government service.
For the purpose of applying the Government Superannuation Fund Act 1956, in accordance with subclause (2), to a person who holds ofﬁce as the Director or, as the case may be, is in the service of the Ofﬁce as an employee and (in any such case) is a contributor to the Government Superannuation Fund, controlling authority, in relation to the person, means the Ofﬁce.
Subclause (1) was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by omitting “and for any of the employees of the ofﬁce”.

(3) 144 Reprinted as at 3 September 2007 Human Rights Act 1993 Schedule 3 Certain Acts do not apply to staff of Ofﬁce [Repealed] Clauses 7 to 11 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Services for Ofﬁce [Repealed] Clauses 7 to 11 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Funds of Ofﬁce [Repealed] Clauses 7 to 11 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Bank accounts [Repealed] Clauses 7 to 11 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Investment of money [Repealed] Clauses 7 to 11 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Address for service The address for service of the Director and of the Ofﬁce is the address of the main premises of the Ofﬁce.

Schedule 3 Enactments repealed [Repealed] Section 146 Schedule 3 was repealed, as from 1 January 2002, by section 43 Human Rights Amendment Act 2001 (2001 No 96).

145