Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698753205185.pdf (New Zealand)
Human Rights Amendment Act 2001 Public Act Date of assent 2001 No 96 14 December 2001 Contents Title Commencement Part 1 Amendments to principal Act Amendment to preliminary provisions New section 2 substituted 2 Interpretation Amendments to Part 1 Continuation of Human Rights Commission New sections 5 to 20H and headings substituted Functions and powers of Commission Functions and powers 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 5 6 7 8 Page 10 10 10 10 12 13 13 15 15 16 1 Human Rights Amendment Act 2001 2001 No 96 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 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 Term of ofﬁce Vacation of ofﬁce Administrative provisions relating to Human Rights Commission and Ofﬁce of Human Rights Proceedings 16 18 18 19 20 20 20 21 22 23 23 23 24 24 25 25 26 26 26 2 2001 No 96 Human Rights Amendment Act 2001 20H Administrative provisions set out in Schedules 1 and 2 New Part 1A inserted 6 Part1A 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 7 New headings and sections 21A and 21B inserted Amendments to Part 2 8 9 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 Acts or omissions authorised or required by law 21B Relationship between this Part and other law Prohibited grounds of discrimination.
Exceptions in relation to access by the public to places, vehicles, and facilities New Part 3 substituted New Part 3 substituted PartIII Resolution of disputes about compliance with Part 1A and Part II 75 76 77 78 79 80 81 Object of this Part Functions of Commission under this Part Dispute resolution services Method of providing services How complaints received to be treated Taking action or further action in relation to complaint Commission to inform parties of process 27 27 27 27 28 28 29 29 29 30 30 30 31 31 32 32 33 34 3 Human Rights Amendment Act 2001 2001 No 96 82 83 84 85 86 87 88 89 90 91 92 92A 92B 92C 92D 92E 92F 92G 92H 92I 92J 92K 92L 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 Representation in civil proceedings arising from complaints 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 35 36 36 37 37 37 38 38 38 40 40 41 42 43 44 45 45 46 46 47 48 49 49 4 2001 No 96 Human Rights Amendment Act 2001 92M Damages 92N Directions as to payment of damages in
 certain cases Tribunal may defer or modify remedies for breach of Part 1A or Part II or terms of settlement 92O 92P Matters to be taken into account in exercising powers given by section 92O 50 50 51 52 Monetary limits on remedies Tribunal may grant 92Q Monetary limits on remedies Tribunal may grant 53 92R 92S 92T 92U Granting of remedies by High Court on reference from Tribunal 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 Amendments to Part 4 New heading to Part 4 substituted Human Rights Review Tribunal.
Complaints Review Tribunal Functions of Tribunal Power to make interim order New section 97 substituted 97 Power in respect of exception for genuine occupational qualiﬁcation or genuine justiﬁcation New section 99A inserted 99A Criteria and requirement for appointment of Chairpersons Appointment and term of ofﬁce Panel 53 54 54 55 55 56 56 56 57 57 57 57 57 58 58 58 5 Human Rights Amendment Act 2001 2001 No 96 Substantial merits New section 105 substituted 105 Evidence in proceedings before Tribunal Persons entitled to be heard New sections 108A and 108B inserted 108A Tribunal to give notice of proceedings 108B Submissions in relation to remedies Witness summons Tribunal may dismiss trivial, etc, proceedings New section 116 substituted 116 Reasons to be given Enforcement Stating case for High Court New sections 122A and 122B inserted 122A Removal to High Court of proceedings or issue 122B Proceedings or issue removed to High Court Appeals to High Court Additional members of High Court for purposes of Act Amendments to Part V Amendment to heading to Part 5 New section 126A inserted 126A Evidence order Evidence Protection and privileges of witnesses, etc, Disclosure of certain matters not to be required Proceedings privileged Amendments to Part VII Delegation of functions or powers by Commission Delegation of powers by certain Commissioners No adverse statement New sections 139 and 140 substituted 139 140 New section 141A inserted 141A Certain acts not to be questioned Regulations New headings and sections 148 to 148O substituted Transitional provisions 148 Former ofﬁce of Commissioner abolished 148A Certain former Commissioners to be transitional members of Commission No 96 Human Rights Amendment Act 2001 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 148F All employees transferred to Commission Proceedings Commissioner 148G Proceedings Commissioner 148H References to Proceedings Commissioner 148I Proceedings to which Proceedings Commissioner party Complaints referred to Proceedings Commissioner for decision as to proceedings 148J 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 Other enactments and actions not affected Savings New Schedules 1 and 2 substituted Repeals Part 2 Amendments to other enactments Amendment to Alcoholism and Drug Addiction Act 1966 Power of District Court Judge to order detention and treatment on application of relative or other reputable person Amendment to Births, Deaths, and Marriages Registration Act 1995 41 42 43 44 45 46 Marriage information to be sent to Registrar Amendment to Crimes Act 1961 47 Discharge of jury 69 69 69 69 70 70 70 71 71 72 72 73 73 73 74 74 74 74 74 75 75 7 Human Rights Amendment Act 2001 2001 No 96 Amendments to Electoral Act 1993 48 49 50 51 Rules for determining place of residence within New Zealand Disqualiﬁcations for registration Removal of names from roll by Registrar Dormant ﬁle Amendments to Holidays Act 1981 52 Entitlement to special leave [Repealed] 53 54 55 Amendments to Human Tissue Act 1964 Removal of human tissue for therapeutic purposes, etc Anatomical examinations Amendment to Immigration Act 1987 New sections 149C and 149D inserted 149C Purpose of section 149D 149D Relationship between this Act and Human Rights Act 1993 Amendment to Judicature Act 1908 56 Discharge of jury Amendment to Land Transfer Act 1952 Particulars of marriage of female proprietor to be registered Amendment to Life Insurance Act 1908 Wife may insure her own or her husband’s life for her own
 beneﬁt Amendments to Marriage Act 1955 Place and form of marriage before marriage celebrant New section 14A inserted 14A New sections 32A to 32E inserted 32A Marriage in accordance with rules and procedures This Part not to limit sections 32 and 32A 32B 32C 32D of exempt religious bodies Application to become exempt religious body Declaration of religious body as exempt religious body Change in beliefs or objects of exempt religious bodies 57 58 59 60 61 8 76 76 76 76 77 77 77 77 77 77 78 78 78 79 80 80 80 80 81 82 82 2001 No 96 Human Rights Amendment Act 2001 32E List of exempt religious bodies Amendments to Police Act 1958 62 63 64 Interpretation Age of retirement New section 53 substituted 53 Failing to help member of police Amendment to Protection of Personal and Property Rights Act 1988 65 Interpretation 66 67 68 Amendment to Referenda (Postal Voting) Act 2000 Persons who, at commencement of voting period, are dead or disqualiﬁed or removed from roll Amendments to Sale of Liquor Act 1989 Being on licensed premises outside licensing hours Disqualiﬁcation of members of Trust Amendment to Summary Proceedings Act 1957 69 Mode of service of documents on defendant Amendments relating to disability as a ground for removal from ofﬁce 70 Amendments to ensure disability not a ground for removal Consequential amendments 71 Consequential amendments Schedule 1 New Schedules 1 and 2 substituted Schedule 2 Amendments relating to disability as a ground for removal from ofﬁce 84 84 85 85 85 86 86 86 86 87 87 87 87 98 Schedule 3 Consequential amendments to other enactments 108 9 s 1 Human Rights Amendment Act 2001 2001 No 96 The Parliament of New Zealand enacts as follows: 1 (1) (2) Title This Act is the Human Rights Amendment Act 2001.
In this Act, the Human Rights Act 1993 is called “the principal Act”.

Commencement This Act comes into force on 1 January 2002.

2 (1) (2) Despite subsection (1), sections 8(1)(c), 14, 15(1)(e), and 17 of the principal Act (as inserted by section 5 of this Act) and section 141A(2) of the principal Act (as inserted by section 38 of this Act) come into force on 1 July 2002.
Part 1 Amendments to principal Act Amendment to preliminary provisions New section 2 substituted The principal Act is amended by repealing section 2, and sub­ stituting the following section: Interpretation In this Act, unless the context otherwise requires,— “act includes an activity, condition, enactment, policy, prac­ tice, 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 con­ tinued 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 Dir­ ector 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 3 “2 “(1) 10 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 3 “dispute resolution meeting means a meeting of the kind re­ ferred to in section 77(2)(c) “dispute resolution services includes the provision of answers to questions by members of the public about discrim­ ination and compliance with this Act “employer, in Part II, 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 “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 Op­ portunities Commissioner under section 8(1)(c) “General manager means the General manager of the Com­ mission appointed by the Chief Commissioner under section 18; and includes any acting general manager of the Commis­ sion “Human Rights
 Review Tribunal or Tribunal means the Tri­ bunal 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, afﬁnity, or adoption; or is wholly or mainly dependent on the person; or is a member of the person’s household “(b) “(c) 11 Part 1 s 4 Human Rights Amendment Act 2001 2001 No 96 “residential accommodation, in sections 53 and 54, includes accommodation in a dwellinghouse, ﬂat, hotel, motel, board­ inghouse, 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 superannu­ ation 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)” Amendments to Part 1 4 Continuation of Human Rights Commission Section 4 of the principal Act is amended by adding the fol­ lowing subsection: “(4) The capacities, rights, and powers referred to in subsections (2) and (3) may be exercised only— “(a) by persons authorised by or under this Act to perform functions of the Commission, for the purposes of per­ forming those functions; or “(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.” 12 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 5 5 New sections 5 to 20H and headings substituted The principal Act is amended by repealing sections 5 to 20 and the headings before sections 5, 7, 10, 12, and 14, and substi­ tuting the following sections and headings: “Functions and powers of Commission “5 Functions and powers of Commission “(1) 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.
“(2) The Commission has, in order to carry out its primary func­ “(b) 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: 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: “(b) “(c) “(d) “(e) “(f) 13 Part 1 s 5 Human Rights Amendment Act 2001 2001 No 96 “(g) “(h) “(i) “(j) “(k) 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— “(i) any matter affecting human rights, including 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: “(iii) 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: “(ii) “(l) 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: 14 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 5 “(m) “(n) “(o) to develop a national plan of action, in consultation with interested parties, for the promotion and protection of human rights in New Zealand: to do anything incidental or conducive to the perform­ ance of any of the functions set out in paragraphs (a) to (m): to exercise or perform any other functions, powers, and duties conferred or imposed on it by or under this Act or any other enactment.
“(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), 86.
“6 “(1) 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.
“(2) 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).

“(3) 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 “Activities in performance of Commission’s functions “7 Commission determines general nature of activities “(1) The members of the Commission acting together determine the strategic direction and the general nature of activities 15 Part 1 s 5 Human Rights Amendment Act 2001 2001 No 96 undertaken in the performance of the Commission’s func­ tions.
“(2) 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.
“Membership of Commission “8 Membership of Commission “(1) The Commission consists of the following Human Rights Commissioners: “(a) “(b) “(c) 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: “(d) No more than 5 other Commissioners, whose ofﬁces are each part­time ones.
“(2) Every Commissioner is appointed by the Governor­General on the recommendation of the Minister.

“(3) The powers and functions of the Commission are not affected by a vacancy in its membership.
“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 Alternate Commissioners “9 “(1) 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).
“(2) 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 16 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 5 “(b) 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) 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) “(3) 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 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 17 Part 1 s 5 Human Rights Amendment Act 2001 2001 No 96 for the alternate Commissioner’s designation had not arisen or had ceased.
“Compare: 1977 No 49 s 7B; 1985 No 23 s 2 “10 Meetings of Commission “(1) Meetings of the Commission are held at such times and places as the Commission or the Chief Commissioner may appoint.

“(2) The Chairperson, the Race Relations Commissioner, or any 4 Commissioners, may, at any time, call a special meeting of the Commission.

“(3) At a meeting of the Commission, the quorum necessary for the transaction of business is 4 Commissioners.
“(4) The Chief Commissioner must preside at all meetings of the Commission at which he or she is present, unless the members present, with the consent of the Chief Commissioner, appoint another member to preside at that meeting.

In the absence of the Chief Commissioner from a meeting, the Commissioners present must appoint 1 of their number to be the Chairperson for the purposes of that meeting.
“(5) “(6) At a meeting of the Commission, the presiding member has a deliberative vote and, in the case of an equality of votes, also has a casting vote.

“(7) A question arising at a meeting of the Commission must be decided by a majority of the valid votes recorded on the ques­ tion.

“(8) Except as provided by or under this Act, the Commission may regulate its procedure in any manner it thinks ﬁt.
“Compare: 1977 No 49 s 10 “Criteria for appointment “11 Criteria for appointment “(1) 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: 18 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 5 “(ii) New Zealand law, or the law of another country, or international law, on human rights: “(iii) the Treaty of Waitangi and rights of indigenous peoples: “(iv) current economic, employment, or social issues: cultural issues and the needs and aspirations (in­ “(v) cluding life experiences) of different communi­ ties of interest and population groups in New Zealand society: skills in, or experience in,— “(i) “(ii) business, commerce, economics, industry, or ﬁ­ advocacy or public education: nancial or personnel management: “(iii) community affairs: “(iv) public administration, or the law relating to pub­ lic administration: “(b) “(2) Nothing in this section limits section 12 or section 13.
“Compare: 1977 No 49 s 7(3); 1985 No 23 s 3(1) “12 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.
“(b) “(c) “(d) “(e) 19 Part 1 s 5 Human Rights Amendment Act 2001 2001 No 96 “13 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.
“(b) “(c) “14 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.
“(b) “(c) “Functions of commissioners “15 Functions of Chief Commissioner “(1) The Chief Commissioner has the following functions: “(a) “(b) “(c) 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 20 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 5 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 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.
“(d) “(e) “(f) “(g) “(2) Subsection (1)(d) and (e) is subject to section 7(2).
“Compare: 1977 No 49 s 7(1)(a), (5) “16 Functions of Race Relations Commissioner The Race Relations Commissioner has the following func­ tions: “(a) 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: “(b) “(c) 21 Part 1 s 5 Human Rights Amendment Act 2001 2001 No 96 “(d) “(e) 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 “17 Functions of Equal Employment Opportunities Commissioner The Equal Employment Opportunities Commissioner has the following functions: “(a) 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 “(b) “(c) “(d) “(e) “(f) “(g) 22 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 5 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: any other functions, powers, or duties conferred or im­ posed on him or her by or under this Act or any other enactment.
“(h) “General manager and staff of Commission “18 General manager and staff of Commission “(1) 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.

“(2) The General manager— “(a) “(b) 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.
“(3) Employees of the Commission are responsible to the General manager and report to him or her.

“Commissioners to act independently “19 Duty to act independently Members of the Commission must act independently in the exercise or performance of functions of the Commission.

“Ofﬁce of Human Rights Proceedings “20 Ofﬁce of Human Rights Proceedings “(1) 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.
“(2) 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 “(3) 23 Part 1 s 5 Human Rights Amendment Act 2001 2001 No 96 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.

“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.
“(2) 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.
“(3) 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 the Director considers it is not proper or desirable that the Director should perform any particular duty of his or her ofﬁce.
“(b) “Compare: 1977 No 49 s 7B; 1985 No 23 s 2 “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, or international law, on human rights: “(iii) current economic, employment, or other social issues: 24 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 5 “(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.
“(2) 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) “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 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) “Provisions relating to ofﬁce holders “20D Ofﬁce holders to whom sections 20E to 20G apply “(1) Sections 20E to 20G each applies to a person (the ofﬁce holder) who holds 1 of the following ofﬁces (the ofﬁce): “(a) Commissioner: “(b) “(c) Director of Human Rights Proceedings: “(d) alternate Director of Human Rights Proceedings.
alternate Commissioner: 25 Part 1 s 5 Human Rights Amendment Act 2001 2001 No 96 “(2) However, section 20G(c) and (d) do not apply to a Commis­ sioner or alternate Commissioner who is a Judge.

“(3) Nothing in subsection (2) limits the application of section 20G(c) or (d) to a Commissioner or alternate Commissioner who ceases to be a Judge during his or her term of ofﬁce as a Commissioner or alternate Commissioner.
“Compare: 1983 No 56 s 6; 1985 No 23 s 3(1) “20E Service in ofﬁce The ofﬁce holder must not be treated as being employed in the service of Her Majesty for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956 just because he or she is appointed to the ofﬁce.
“Compare: 1971 No 150 s 34; 1977 No 49 s 7(4); 1985 No 23 s 3(1) “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) “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 26 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 6 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) “Administrative provisions relating to Human Rights Commission and Ofﬁce of Human Rights Proceedings “20H Administrative provisions set out in Schedules 1 and 2 “(1) Schedule 1 applies in respect of the Commission.
“(2) Schedule 2 applies in respect of the Ofﬁce.” 6 New Part 1A inserted The principal Act is amended by inserting, immediately before Part 2, the following Part: “Part1A “Discrimination by Government, related persons and bodies, or persons or bodies acting with legal authority “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.
“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) 27 Part 1 s 6 Human Rights Amendment Act 2001 2001 No 96 “(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 II does not apply to that act or omission.

“(3) “(4) Nothing in this Part affects the New Zealand Bill of Rights Act 1990.
“20K Purposes for which section 20L applies Section 20L applies only for the purposes of— “(a) any inquiry undertaken by the Commission under sec­ tion 5(2)(h): the assessment, consideration, mediation, or determin­ ation of a complaint under Part III: any determination made by the Director under Part III concerning the provision of representation in proceed­ ings 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 III: any related matter.
“(b) “(c) “(d) “(e) “(f) “(g) “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.
“(2) 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) 28 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 7 “(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.” Amendments to Part 2 7 New headings and sections 21A and 21B inserted The principal Act is amended by inserting, after the heading to Part 2, the following headings and sections: “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 “(1) 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).
“(2) 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) “(b) 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) “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.

29 Part 1 s 8 Human Rights Amendment Act 2001 2001 No 96 “(2) Nothing in this Part affects the New Zealand Bill of Rights Act 1990.
“Prohibited grounds of discrimination.” 8 Exceptions in relation to access by the public to places, vehicles, and facilities Section 43 of the principal Act is amended by repealing sub­ section (3), and substituting the following subsection: “(3) Nothing in subsection (2) limits section 47A of the Building Act 1991.” New Part 3 substituted 9 New Part 3 substituted The principal Act is amended by repealing Part 3, and substi­ tuting the following Part: “PartIII “Resolution of disputes about compliance with Part 1A and Part II “75 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 II 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 II are to be resolved promptly, expert prob­ 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 “(b) “(c) “(d) “(e) 30 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 9 “(f) recognise that difﬁcult issues of law may need to be determined by higher courts.
“76 Functions of Commission under this Part “(1) The primary functions of the Commission under this Part are— “(a) “(b) 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 II, by the parties concerned, in the most efﬁcient, informal, and cost­effective manner possible.
“(2) 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 II, 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) applies: to provide information gathered in relation to a com­ plaint to the parties concerned.
“(b) “(c) “(d) “(e) “77 Dispute resolution services “(1) The Commission must provide dispute resolution services for the purposes of carrying out its functions under section 76.
“(2) Services provided under this section may include— “(a) “(b) 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 II: 31 Part 1 s 9 Human Rights Amendment Act 2001 2001 No 96 “(c) 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) “(d) 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 II.
“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 “(b) by publishing pamphlets, brochures, booklets, or codes; “(c) or 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 “(ii) 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 “(iii) provide their services in all of the ways described in this paragraph.
“79 How complaints received to be treated “(1) 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 II 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, “(2) 32 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 9 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): “(b) must be treated only as a complaint that there has been a breach of the relevant provision or provisions of Part II 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 II, 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 II.

“(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.
“80 Taking action or further action in relation to complaint “(1) 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 33 Part 1 s 9 Human Rights Amendment Act 2001 2001 No 96 Commission that he or she wishes to proceed with the com­ plaint.
“(2) 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.
“(3) 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 the reasons for that decision; and “(c) of his or her right, under section 92B, to bring proceed­ ings before the Human Rights Review Tribunal.
of that decision; and “Compare: 1977 No 49 s 35; 1981 No 127 s 3 “81 Commission to inform parties of process “(1) Before gathering information about a complaint, the Commis­ sion must comply with subsections (2) and (4).
“(2) The Commission must inform the following persons of the Commission’s intention to gather information under section 34 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 9 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 II 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) “(3) The matters referred to in subsection (2) are— rights and obligations under this Act; and “(a) “(b) processes that apply to complaints under this Act; and other services that may help the parties to a complaint “(c) secure a settlement of the matter.
“(4) 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 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.
of the details of the complaint (if any); and “(5) A requirement under this section to inform a person is satisﬁed if all reasonable efforts have been made to inform the person.
“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.
“(c) “(2) The Commission must make all reasonable efforts to give all parties concerned all relevant information gathered (if any) by 35 Part 1 s 9 Human Rights Amendment Act 2001 2001 No 96 it in relation to a complaint promptly after the information is gathered.
Settlement “83 “(1) 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.

“(2) The Commission must use its best endeavours to assist the “(3) 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) “84 Reference of complaint to Director or from Director or Tribunal “(1) 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.
“(2) 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 “(4) 36 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 9 other form of mediation designed to facilitate resolution of the complaint.
“85 Conﬁdentiality of information disclosed at dispute resolution meeting “(1) 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) “(2) Subsection (1) applies to every person who— “(a) “(b) “(c) “(d) 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.
“86 Evidence as to dispute resolution meeting “(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.
“87 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 37 Part 1 s 9 Human Rights Amendment Act 2001 2001 No 96 1987 by a person to whom section 85(1) applies, except with the consent of the parties or the relevant party.
“88 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 “(c) “(b) 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 “(d) 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.
“89 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 “(b) by the person against whom the complaint was made.
“90 Functions of Director of Human Rights Proceedings under this Part “(1) 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 38 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 9 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: “(b) deciding, in accordance with section 91(2), whether to “(c) 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.
“(3) “(2) 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 in sections 92 and 92C, related proceed­ ings, in relation to proceedings before the Tribunal, means— any appeal to the High Court against a decision of the “(a) Tribunal: any proceedings in the High Court arising out of the statement of a case under section 122 or the removal of proceedings or a matter at issue in them under section 122A: any appeal to the Court of Appeal against a decision of the High Court made in proceedings referred to in paragraphs (a) or (b).
“(b) “(c) 39 Part 1 s 9 Human Rights Amendment Act 2001 2001 No 96 “(a) “91 Requirements for Director’s decisions under section 90 “(1) 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.
“(2) The Director may make a decision under section 90(1)(b) if— it appears to the Director that the complaint may yet be 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) “(3) 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.
“(1) “92 Matters Director to have regard to in deciding whether to provide representation in proceedings before Tribunal or in related proceedings In deciding under section 90(1)(a) or (c) or section 90(2) whether, and to what extent, to provide representation 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 considers relevant.
“(2) 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 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 cessful: 40 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 9 “(e) whether the remedies available through proceedings of that kind are likely to suit the particular case: “(f) 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.
“92A Director to notify and report on decisions on representation “(1) 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.
“(2) Promptly after making a decision under section 90(2), the Dir­ “(3) of the terms of the decision; and ector must notify the Commission— “(a) “(b) of the reasons for the decision.
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 to both the complainant and the Commission, the Director must— “(a) cease to provide representation to the Commission; and “(b) promptly advise the Commission of the Director’s de­ cision.
“(4) 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 41 Part 1 s 9 Human Rights Amendment Act 2001 2001 No 96 (c), and, as soon as practicable, the Minister must present a copy of the report to the House of Representatives.
“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 authorised 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 II, 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 II and to affect a class of persons, proceedings under subsection (1) may be brought by the Commission on behalf of the class of persons affected.
“(3) A person against whom a complaint referred to in section 76(2)(a) has been made may bring civil proceedings before 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.
“(4) 42 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 9 “(5) 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.
“(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.
“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— “(a) in person, or by a barrister or solicitor provided by the person; or “(b) 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) 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.
“(3) 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 43 Part 1 s 9 Human Rights Amendment Act 2001 2001 No 96 “(b) in accordance with a decision of the Director under sec­ tion 90(1)(a) or (c).
“(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)).
“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— “(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.
“(2) The Tribunal may, at any time before, during, or after the hear­ ing 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 complaint may yet 44 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 9 be able to be resolved by the parties and the Commission (for example, by mediation).
“(3) 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.
“(b) “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 authorised 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 II, against the person or persons alleged to be responsible for the breach.
“(2) 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).

“(3) This section does not limit section 6 or section 92H or section “(c) 97.
“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.
45 Part 1 s 9 Human Rights Amendment Act 2001 2001 No 96 “(2) The onus of proving, in any proceedings under this Part, that conduct is, under any provision of Part II, excepted from con­ duct that is unlawful under any provision of Part II lies on the defendant.
“Compare: 1977 No 49 s 39 “92G Right of Attorney­General to appear in civil proceedings “(1) The Attorney­General may appear and be heard, in person or by a barrister or solicitor,— “(a) “(b) in proceedings before the Human Rights Review Tri­ bunal alleging a breach of Part 1A, or alleging a breach of Part II 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 are or have been before the Human Rights Review Tribunal: a District Court: “(i) the High Court: “(ii) “(iii) the Court of Appeal.
“(2) 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) “(3) “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) 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) a District Court: “(b) 46 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 9 the High Court: “(ii) “(iii) the Court of Appeal.
“(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 “(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.

“(3) “(4) 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) “Remedies “(2) “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 plain­ tiff 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 II or the terms of a settlement of a complaint, the Tribunal may grant 1 or more of the following remedies: “(a) “(3) a declaration that the defendant has committed a breach of Part 1A or Part II 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 “(b) 47 Part 1 s 9 Human Rights Amendment Act 2001 2001 No 96 “(c) “(d) “(e) “(f) “(g) kind as that constituting the breach, or conduct of any similar kind speciﬁed in the order: damages in accordance with sections 92M to 92O: 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 II 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 defendant and the complainant or, as the case may be, the ag­ grieved person are parties: any other relief the Tribunal thinks ﬁt.
“(4) “(5) “(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 II.
“Compare: 1977 No 49 s 38(5), (6), (8); 1983 No 56 s 12(3) “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).
“(2) The declaration that may be granted by the Tribunal, if sub­ section (1) applies, is a declaration that the enactment that is 48 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 9 the subject of the ﬁnding is inconsistent with the right to free­ dom from discrimination afﬁrmed by section 19 of the New Zealand Bill of Rights Act 1990.

“(3) 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.

“92K Effect of declaration “(1) A declaration under section 92J does not— “(a) affect the validity, application, or enforcement of the enactment in respect of which it is given; or “(b) prevent the continuation of the act, omission, policy, or activity that was the subject of the complaint.
“(2) 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) “(3) 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.

“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 section, the Tribunal may take into account whether, and to what extent, any party to the proceedings— 49 Part 1 s 9 Human Rights Amendment Act 2001 2001 No 96 “(a) has participated in good faith in the process of informa­ tion gathering by the Commission: “(b) has facilitated or obstructed that information­gathering “(c) process: has acted in a manner that facilitated the resolution of the issues that were the subject of the proceedings.
“Compare: 1977 No 49 s 38(7); 1983 No 56 s 12(4) “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 II 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.

“Compare: 1977 No 49 s 40(1) “92N Directions as to payment of damages in certain cases “(1) If the plaintiff is an unmarried minor, the Tribunal may, in its discretion, direct the defendant to pay damages awarded under section 92M to the Public Trustee or to a person or trustee cor­ poration acting as the manager of any property of the plaintiff.
If the plaintiff is a mentally disordered person within the mean­ ing of section 2(1) of the Mental Health (Compulsory Assess­ ment 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 Tribunal, the mental capacity to manage his or her own affairs in relation to his or her own property, the Tribunal may, in its discretion, di­ “(2) 50 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 9 “(3) “(4) rect the defendant to pay damages awarded under section 92M to the Public Trustee.
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 the Public Trustee.
“(b) If money is paid to the Public Trustee under any of subsections (1) to (3),— “(a) section 12 of the Minors’ Contracts Act 1969 applies in the case of an unmarried minor; and subsections (4) and (6) to (9) of section 66 of the Public Trust Ofﬁce Act 1957 apply, with all necessary modiﬁ­ cations, in the case of a person referred to in subsection (2) or subsection (3).
“(b) “Compare: 1977 No 49 s 40; 1983 No 56 s 14(2) “92O Tribunal may defer or modify remedies for breach of “(1) Part 1A or Part II 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 II 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).
“(2) The actions are,— “(a) instead of, or as well as, awarding damages or granting any other remedy,— “(i) to specify a period during which the defendant must remedy the breach; and 51 Part 1 s 9 Human Rights Amendment Act 2001 2001 No 96 “(ii) 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) “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: “(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: “(e) “(d) “(c) 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 II or the terms of a settlement of a complaint: the public interest generally: any other matter that the Tribunal considers relevant.
“(f) “(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 “(2) 52 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 9 in breach of Part II, 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.
“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.
“(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.
“(3) 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) “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 commit­ 53 Part 1 s 9 Human Rights Amendment Act 2001 2001 No 96 ted a breach of Part 1A or Part II 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) “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 II 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.

“(3) 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) “92T High Court decides remedies on reference from Tribunal “(1) This section applies where the granting of a remedy in any proceedings under section 92B or section 92E is referred to the High Court under section 92R.

“(2) The High Court may direct the Tribunal to amplify any report made under section 92S(1).
“(3) 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 II or the terms of a settlement of a complaint.
54 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 9 “(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).

“(5) 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 II, 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) “92U High Court’s decision on remedies to be included in, and given effect to as part of, Tribunal’s determination “(1) 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 “(b) has effect as part of that determination despite the limits imposed by section 92Q.
“(2) Nothing in subsection (1)— limits sections 123 to 125; or “(a) “(b) 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) “Abandonment or agreement to bring claim within Tribunal’s jurisdiction “92V Abandonment to enable Tribunal to make award of damages “(1) 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)).
“(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 55 Part 1 s 10 Human Rights Amendment Act 2001 2001 No 96 the amount abandoned in that way any person against whom the proceedings are brought and the subsequent award is made.

“(4) This section overrides sections 92Q to 92U.
“Compare: 1977 No 49 s 43 “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.
“(2) This section overrides sections 92Q to 92U.
“Compare: 1977 No 49 s 44(1)” Amendments to Part 4 New heading to Part 4 substituted The principal Act is amended by repealing the heading to Part 4, and substituting the following heading: “ “Human Rights Review Tribunal.” Complaints Review Tribunal Section 93 of the principal Act is amended by— (a) omitting from the heading to that section the word “Complaints”, and substituting the words “Human Rights”; and inserting, after the word “and”, the words “, imme­ diately before 1 January 2002 (being the date of the commencement of the Human Rights Amendment Act 2001),”; and adding the words “, and, on and after 1 January 2002, is called the Human Rights Review Tribunal”.
(b) (c) 10 11 56 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 15 12 13 Functions of Tribunal Section 94(a) of the principal Act is amended by omitting the expression “sections 83, 95, and 97 of this Act”, and substitut­ ing the expression “sections 92B, 92E, 95, and 97”.
Power to make interim order Section 95 of the principal Act is amended by repealing sub­ section (2), and substituting the following subsection: “(2) An application for an interim order may be made,— “(a) “(b) in the case of proceedings under section 92B(1), (2), (3), or (4), by the person or body bringing the proceedings; and in the case of proceedings under section 92E, by the Commission.” 14 New section 97 substituted The principal Act is amended by repealing section 97, and substituting the following section: “97 Power in respect of exception for genuine occupational qualiﬁcation or genuine justiﬁcation “(1) 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 “(b) on an application by the Commission, a person or per­ sons against whom a complaint under section 76(2)(a) has been made, or a person who is the subject of an in­ quiry under section 5(2)(h).
“(2) The power is to declare that an act, omission, practice, require­ ment, or condition that would otherwise be unlawful under Part II is not unlawful because it constitutes either or both— a genuine occupational qualiﬁcation, in respect of sec­ “(a) tions 22 to 41: a genuine justiﬁcation, in respect of sections 42 to 60.” “(b) 15 New section 99A inserted The principal Act is amended by inserting, after section 99, the following section: 57 Part 1 s 16 Human Rights Amendment Act 2001 2001 No 96 “99A Criteria and requirement for appointment of “(1) 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) “(2) 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.” 16 17 “(2) Appointment and term of ofﬁce Section 100(1) of the principal Act is repealed.
Panel Section 101 of the principal Act is amended by repealing sub­ section (2), and substituting the following subsections: 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 of the High Court of not less than 5 years’ practice.” 58 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 21 18 New section 105 substituted The principal Act is amended by repealing section 105, and substituting the following section: “105 Substantial merits “(1) The Tribunal must act according to the substantial merits of “(2) 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) according to equity and good conscience.” “(c) 19 Evidence in proceedings before Tribunal Section 106 of the principal Act is amended by repealing sub­ section (1), and substituting the following subsection: “(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.” 20 “(2) 21 Persons entitled to be heard Section 108 of the principal Act is amended by repealing sub­ section (2), and substituting the following subsection: 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.” New sections 108A and 108B inserted The principal Act is amended by inserting, after section 108, the following sections: “108A Tribunal to give notice of proceedings The Tribunal must notify the Attorney­General promptly of the bringing of proceedings before the Tribunal alleging a 59 Part 1 s 22 Human Rights Amendment Act 2001 2001 No 96 breach of Part 1A, or alleging a breach of Part II 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.
“108B Submissions in relation to remedies “(1) Before the Tribunal grants any remedy under Part III, 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) the appropriateness of that remedy.
“(b) “(2) Subsection (1) does not limit any provision in Part III or sec­ tion 108.” 22 Witness summons Section 109(1) of the principal Act is amended by inserting, after the words “The Tribunal may”, the words “, if it considers it necessary,”.

Tribunal may dismiss trivial, etc, proceedings Section 115 of the principal Act is amended by omitting the words “section 83”, and substituting the words “section 92B or section 92E”.
New section 116 substituted The principal Act is amended by repealing section 116, and substituting the following section: 23 24 “(a) “116 Reasons to be given “(1) This section applies to the following decisions of the Tribunal: a decision to grant 1 or more of the remedies described 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.
“(b) “(c) 60 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 26 “(2) 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.
“(3) The Tribunal must notify the parties, the Attorney­General, and the Human Rights Commission of every decision of the Tribunal.” 25 (1) Enforcement Section 121 of the principal Act is amended by repealing sub­ section (1), and substituting the following subsection: “(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) Section 121(2) of the principal Act is amended by omitting the words “section 86 of this Act”, and substituting the words “section 92I or an interim order of the Tribunal made under section 95”.
Stating case for High Court Section 122 of the principal Act is amended by inserting, after subsection (1), the following subsection: “(1A) 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) 61 (2) 26 Part 1 s 27 Human Rights Amendment Act 2001 2001 No 96 27 New sections 122A and 122B inserted The principal Act is amended by inserting, after section 122, the following sections: “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.
“(2) 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) “(b) “(c) “(d) “(e) 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 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.
“(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 “(4) 62 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 28 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.


“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 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.” “(b) Appeals to High Court Section 123 of the principal Act is amended by repealing sub­ section (2), and substituting the following subsection: If a party to proceedings under section 92B or section 92E is dissatisﬁed with a decision of the Tribunal dismissing those proceedings or granting 1 or more of the remedies described in section 92I or the remedy described in section 92J or constitut­ ing a ﬁnal determination of the Tribunal in those proceedings, that party may appeal to the High Court against all or any part of that decision.” 63 “(2) 28 “(2) Part 1 s 29 Human Rights Amendment Act 2001 2001 No 96 29 30 31 Additional members of High Court for purposes of Act Section 126(1) of the principal Act is amended— (a) by omitting from paragraph (a) the words “section 90 of this Act”, and substituting the expression “section 92T”; and by omitting from paragraph (b) the words “sections 123 to 125 of this Act”, and substituting the expression “sec­ tion 123”.
(b) Amendments to Part V Amendment to heading to Part 5 The heading to Part 5 of the principal Act is amended by omit­ ting the word “Investigations”, and substituting the word “In­ quiries”.
New section 126A inserted The principal Act is amended by inserting, after the heading to Part 5, the following section: “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) “(2) 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 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 tion (1) must be in writing and must— 64 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 34 “(c) “(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.” “(4) Evidence 32 Section 127 of the principal Act is amended by repealing subsections (1) and (2), and substituting the following subsections: “(1) 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.
“(2) 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.” 3Section 127(3) of the principal Act is amended by omitting the word “Commissioner”, and substituting the word “Commission”.
33 34 Protection and privileges of witnesses, etc, Section 128 of the principal Act is amended by omitting the word “Commissioner” in each place where it appears, and sub­ stituting in each case the word “Commission”.

Disclosure of certain matters not to be required Section 129 of the principal Act is amended by omitting the word “Commissioner” in both places where it appears, and substituting the word “Commission”.
65 Part 1 s 35 Human Rights Amendment Act 2001 2001 No 96 35 36 Proceedings privileged Section 130 of the principal Act is amended— (a) by adding to subsection (1) the words “and the Director of Human Rights Proceedings”; and by omitting from subsection (4) the words “or investi­ gation” in both places where they appear.
(b) Amendments to Part VII No adverse statement Section 138 of the principal Act is amended by omitting the words “Neither the Commission nor the Complaints Division shall”, and substituting the words “The Commission must not”.
37 New sections 139 and 140 substituted The principal Act is amended by repealing sections 139 and 140, and substituting the following sections: “139 Delegation of functions or powers by Commission “(1) After consulting with the Minister, the Commission may, by writing signed by the Chief Commissioner, delegate to a Com­ missioner any function or power of the Commission under this Act, except those stated in sections 7 and 76 and this power of delegation.
“(2) Delegations under this section are revocable at will and, until revoked, continue in force according to their tenor.

“(4) “(3) The delegation of a function or power under this section does not prevent the Commission from performing or exercising the function or power.

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.
“Compare: 1977 No 49 s 79 “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 66 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 38 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) “(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.
“Compare: 1977 No 49 s 80” 38 New section 141A inserted The principal Act is amended by inserting, after section 141, the following section: “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 67 Part 1 s 39 Human Rights Amendment Act 2001 2001 No 96 in any proceedings on the ground that it was not undertaken jointly.” 39 40 Regulations Section 144(a) of the principal Act is amended by omitting the words “or the Complaints Division”.
New headings and sections 148 to 148O substituted The principal Act is amended by repealing sections 145 to 148 and the heading above section 148, and substituting the following heading and sections: “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).
“148A Certain former Commissioners to be transitional members of Commission “(1) 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 Chief Commissioner under section 8(1)(a) (as substituted by section 5 of the Human Rights Amendment Act 2001).
“(2) 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).
“(3) 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 sec­ tion) is taken to have been appointed to the ofﬁce of Commis­ sioner under section 8(1)(d) (as substituted by section 5 of the Human Rights Amendment Act 2001).
68 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 40 “(4) 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.
“(5) 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).

“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.
“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 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.

“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.
“148E Commission to arrange ﬁnal audited accounts The Commission must perform the duties that the Race Rela­ tions Conciliator would have had to perform under section 41 of the Public Finance Act 1989 if the Human Rights Amend­ 69 Part 1 s 40 Human Rights Amendment Act 2001 2001 No 96 ment Act 2001 had not been enacted, for the period beginning on 1 July 2001 and ending with the close of 31 December 2001.
“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.
“(b) “(2) 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 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.
“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).
“(2) 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.

“148H References to Proceedings Commissioner From the commencement of this section, unless the context otherwise requires, every reference to the Proceedings Com­ 70 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 40 missioner in any instrument, document, or notice is to be read as a reference to the Director.
“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 “(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) “148J Complaints referred to Proceedings Commissioner for decision as to proceedings “(1) Subsection (2) applies— “(a) “(b) 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.
“(2) If this subsection applies,— “(a) if the Commissioner has not made a decision on whether to institute proceedings, the Director must decide, under 71 Part 1 s 40 Human Rights Amendment Act 2001 2001 No 96 “(b) “(c) 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: if the Commissioner has made a decision not to institute proceedings, that decision is deemed to have been made by the Director.
“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.
“(2) 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) “Complaints Division “148L Complaints Division abolished The Complaints Division of the Commission is abolished.
72 2001 No 96 Human Rights Amendment Act 2001 Part 1 s 40 “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 III (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).
“(2) For the purposes of subsection (1),— “(a) “(b) 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.
“(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.
“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) “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.
“(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.” 73 Part 1 s 41 Human Rights Amendment Act 2001 2001 No 96 Other enactments and actions not affected Sections 151 and 152 of the principal Act are repealed.
Savings Section 153(1) of the principal Act is amended by— (a) omitting the words “shall affect”, and substituting the word “affects”; and omitting the words “which might have been brought if this Act had not been passed”, and substituting the words “that may be brought other than under this Act”; and omitting the word “shall”, and substituting the word “must”.

(b) (c) Section 153 of the principal Act is amended by repealing sub­ sections (3)(a) and (4).
New Schedules 1 and 2 substituted The principal Act is amended by repealing Schedules 1, 2, and 3, and substituting Schedule 1 and Schedule 2 set out in Schedule 1.

Repeals The Human Rights Amendment Act (No 2) 1994 (1994 No 151) is repealed.
Part 2 Amendments to other enactments Amendment to Alcoholism and Drug Addiction Act 1966 Power of District Court Judge to order detention and treatment on application of relative or other reputable person Section 9(8) of the Alcoholism and Drug Addiction Act 1966 (1966 No 97) is amended by inserting, after the word “spouse,”, the words “de facto partner of the same or different sex,”.
41 42 (1) (2) 43 44 45 74 2001 No 96 Human Rights Amendment Act 2001 Part 2 s 47 Amendment to Births, Deaths, and Marriages Registration Act 1995 46 Marriage information to be sent to Registrar “(2) Section 55 of the Births, Deaths, and Marriages Registration Act 1995 (1995 No 16) is amended by repealing subsection (2), and substituting the following subsections: If a marriage has been solemnised in accordance with the mar­ riage regulations of the religious Society of Friends (com­ monly called Quakers) or, as the case may require, in accord­ ance with the rules and procedures of an exempt religious body,— “(a) immediately after the the husband and wife must, solemnisation,— “(i) enter on both forms provided under section 24 of the Marriage Act 1955 with the licence for the marriage the prescribed information relating to the marriage; and ensure that both forms are signed by the husband, the wife, and 2 witnesses to the solemnisation; and “(ii) “(b) “(iii) ensure that 1 form is given, sent, or posted to the registering ofﬁcer of the Society of Friends or, as the case may require, the registering ofﬁcer of the exempt religious body; and as soon as is practicable after receiving a form under paragraph (a)(iii) or subsection (4), the registering ofﬁ­ cer of the Society of Friends or, as the case may require, the registering ofﬁcer of the exempt religious body must give, send, or post it to a Registrar.
“(2A) In subsection (2), exempt religious body has the same mean­ ing as in section 32A(5) of the Marriage Act 1955.” Amendment to Crimes Act 1961 47 Discharge of jury Section 374(3) of the Crimes Act 1961 (1961 No 43) is amended by repealing paragraph (c), and substituting the following paragraph: 75 Part 2 s 48 Human Rights Amendment Act 2001 2001 No 96 “(c) A juror’s spouse, de facto partner of the same or different sex, family member, or a family member of a juror’s spouse or de facto partner (whether of the same or different sex) is ill or has died; or”.
Amendments to Electoral Act 1993 Rules for determining place of residence within New Zealand Section 72(6) of the Electoral Act 1993 (1993 No 87) is amended by inserting in paragraphs (b), (c), and (d), after the word “spouse”, the words “or de facto partner of the same or different sex”.

Section 72(10) of the Electoral Act 1993 is amended by insert­ ing, after the word “spouse”, the words “or de facto partner of the same or different sex”.
Disqualiﬁcations for registration Section 80(3)(b) of the Electoral Act 1993 is amended by re­ pealing subparagraph (ii), and substituting the following sub­ paragraph: is the spouse, de facto partner (whether of the same or different sex), or the child of the person referred to in subparagraph (i), or the child of the spouse or de facto partner (whether of the same or different sex) of that person.” Removal of names from roll by Registrar Section 98(1)(b) of the Electoral Act 1993 is amended by in­ serting in subparagraph (ii), after the word “spouse”, the words “or de facto partner of the same or different sex”.
Dormant ﬁle Section 109(2)(b) of the Electoral Act 1993 is amended by omitting from subparagraph (ii) the words “or spouse”, and substituting the words “spouse, or de facto partner of the same or different sex”.

48 (1) (2) 49 “(ii) 50 51 76 2001 No 96 Human Rights Amendment Act 2001 Part 2 s 55 52 53 54 Amendments to Holidays Act 1981 This heading was repealed, as from 1 April 2004, by section 91(1) Holidays Act 2003 (2003 No 129).
Entitlement to special leave [Repealed] Section 52 was repealed, as from 1 April 2004, by section 91(1) Holidays Act 2003 (2003 No 129).

Amendments to Human Tissue Act 1964 Removal of human tissue for therapeutic purposes, etc Section 3(2)(b) of the Human Tissue Act 1964 (1964 No 19) is amended by inserting, after the words “surviving spouse”, the words “, surviving de facto partner of the same or different sex,”.
Anatomical examinations Section 5(1) of the Human Tissue Act 1964 is amended— (a) by inserting in paragraph (a), after the words “surviv­ ing spouse”, the words “or surviving de facto partner (whether of the same or different sex)”; and by inserting in paragraph (b), after the words “surviv­ ing spouse”, the words “or surviving de facto partner (whether of the same or different sex)”.
(b) Amendment to Immigration Act 1987 55 New sections 149C and 149D inserted The Immigration Act 1987 (1987 No 74) is amended by in­ serting, after section 149B, the following sections: “149C Purpose of section 149D Section 149D recognises that immigration matters inherently involve different treatment on the basis of personal character­ istics.
“149D Relationship between this Act and Human Rights Act 1993 “(1) Despite anything in the Human Rights Act 1993, no complaint may be made under that Act in respect of— 77 Part 2 s 56 Human Rights Amendment Act 2001 2001 No 96 “(a) “(b) the content or application of this Act or any regulations made under this Act; or the content or application of any policy made in accord­ ance with section 13A and section 13B.
“(2) The Human Rights Commission may, subject to subsection (3), perform, in relation to immigration matters, any function conferred on the Commission under section 5 of the Human Rights Act 1993.
“(3) The Commission may not, in relation to any matter referred to in subsection (1),— “(a) bring any proceedings of a kind referred to in section 5(2)(i) of the Human Rights Act 1993; or exercise the powers conferred by section 5(2)(j) of that Act in relation to any proceedings.” “(b) 56 Amendment to Judicature Act 1908 Discharge of jury Section 54B(3) of the Judicature Act 1908 (1908 No 89) is amended— (a) by inserting, after the word “spouse” in the ﬁrst place where it appears, the words “, de facto partner (whether of the same or different sex),”; and by inserting, after the word “spouse” in the second place where it appears, the words “or de facto partner of the same or different sex”.
(b) Amendment to Land Transfer Act 1952 57 Particulars of marriage of female proprietor to be registered Section 127 of the Land Transfer Act 1952 (1952 No 52) is repealed.
Amendment to Life Insurance Act 1908 58 Wife may insure her own or her husband’s life for her own beneﬁt Section 75A(2) of the Life Insurance Act 1908 (1908 No 105) is amended by omitting the words “man on his own life, and 78 2001 No 96 Human Rights Amendment Act 2001 Part 2 s 59 expressed to be for the beneﬁt of his wife or of his children, or of his wife and children, or any of them, or by any woman on her own life, and expressed to be for the beneﬁt of her husband or of her children, or of her husband and children, or any of them”, and substituting the words “person on his or her own life, and expressed to be for the beneﬁt of his or her spouse, de facto partner (whether of the same or different sex), or his or her children, or his or her spouse or de facto partner (whether of the same or different sex) and his or her children, or any of them”.
Amendments to Marriage Act 1955 59 Place and form of marriage before marriage celebrant Section 31 of the Marriage Act 1955 (1955 No 92) is amended by repealing subsection (3), and substituting the following subsections: “(3) During the solemnisation of every such marriage each party must say to the other— “(a) “(b) words to similar effect; or “(c) ‘I AB, take you CD, to be my legal wife or husband’; or in the case of the solemnisation of a marriage in accord­ ance with the rules and procedures of a speciﬁed body that require different words to be used as a marriage vow than those set out in paragraph (a), those words.
“(4) The solemnisation of a marriage may not be conducted in ac­ cordance with subsection (3)(c) unless the speciﬁed body in question ﬁrst— “(a) informs the Registrar of the words that are intended to be used in place of the words set out in subsection (3)(a) and satisﬁes the Registrar that the use of those words is in accordance with the rules and procedures of that body; and “(b) notiﬁes the Registrar of the safeguards to be adopted by that body to ensure that— “(i) there is a clear identiﬁcation of the parties to the marriage; and that the parties freely consent to the marriage; and “(ii) 79 Part 2 s 60 Human Rights Amendment Act 2001 2001 No 96 “(iii) the witnesses understand the ceremony and can verify the matters referred to in subparagraphs (i) and (ii).
“(5) In this section, speciﬁed body means— “(a) a religious body described in the First Schedule or the subject of an exemption under section 32C: an organisation approved under section 9 as an organ­ isation that may nominate marriage celebrants.” “(b) 60 New section 14A inserted The Marriage Act 1955 is amended by inserting, after section 14, the following section: “14A This Part not to limit sections 32 and 32A Nothing in this Part limits sections 32 and 32A (which exempt the Quakers and certain other religious bodies from observing requirements in Part V relating to the solemnisation of mar­ riage in the presence of marriage celebrants).” 61 New sections 32A to 32E inserted The Marriage Act 1955 is amended by inserting, after section 32, the following sections: “32A Marriage in accordance with rules and procedures of exempt religious bodies “(1) The provisions of this Part relating to the solemnisation of mar­ riage in the presence of a marriage celebrant do not extend to marriages conducted in accordance with the rules and proced­ ures of an exempt religious body.
“(2) Despite subsection (1), a marriage to which that subsection applies— “(a) must not be solemnised unless a marriage licence has been issued: “(b) must be solemnised at a place stated in the marriage licence.

“(3) Every marriage to which subsection (1) applies is as valid as if solemnised under this Act before a marriage celebrant.

“(4) This section does not limit the provisions of section 22 relating to the validity of marriages.
80 2001 No 96 Human Rights Amendment Act 2001 Part 2 s 61 “(5) In this section and in sections 32B to 32E, an exempt reli­ gious body is a body that is exempted by the Registrar­Gen­ eral under section 32C from observing the requirements of this Part relating to the solemnisation of marriages in the presence of a marriage celebrant.
“32B Application to become exempt religious body “(1) A religious body (other than the religious body to which sec­ tion 32 applies) may apply to the Registrar­General for an ex­ emption from observing the requirements of this Part relating to the solemnisation of marriages in the presence of a marriage celebrant.
“(2) An application made under subsection (1) must be accompan­ ied by— “(a) a statement signed by the chief ofﬁce bearer and 10 members of the religious body setting out— “(i) “(ii) the beliefs and objects of the organisation; and the number or, if this cannot be accurately ascer­ tained, the approximate number of members of the organisation of or over 18 years; and a statement explaining why the objects and beliefs of the religious body are inconsistent with those provisions of this Part relating to the solemnisation of marriages in the presence of a marriage celebrant; and a statement containing a description of the rules and procedures by which the body proposes to solemnise marriages.
“(b) “(c) “(3) In the case of a religious body whose rules and procedures or tenets do not recognise any chief ofﬁce bearer, the state­ ment referred to in subsection (2)(a) need only be signed by 10 members of the body.
“(4) The statement referred to in subsection 2(a) (whether signed by the persons referred to in that subsection or the persons referred to in subsection (3)) is invalid unless— “(a) each signatory is of or over 18 years and includes in the statement his or her age and address; and the signatures of the signatories are attested by another person who must, by statutory declaration attached to the statement, verify the signatures as the genuine sig­ “(b) 81 Part 2 s 61 Human Rights Amendment Act 2001 2001 No 96 natures of the persons whose signatures they purport to be.
“32C Declaration of religious body as exempt religious body “(1) The Registrar­General may, on receiving an application under section 32B, grant the exemption sought by declaring the re­ ligious body to be an exempt religious body if the Registrar­ General is satisﬁed— “(a) “(b) that the body is a bona ﬁde religious body; and that the beliefs of that body are genuinely and sincerely held by its members; and that the beliefs or objects of that body are inconsistent with the fulﬁlment of the requirements of this Part re­ lating to the solemnisation of marriage in the presence of a marriage celebrant; and that the rules and procedures under which that body pro­ poses to solemnise marriage are— “(i) consistent with the requirements of this Act (other than those referred to in paragraph (c)); and “(c) “(d) “(ii) otherwise satisfactory.
“(2) “(3) If, on receiving an application under section 32B, the Regis­ trar­General fails or refuses to declare the religious body to be an exempt religious body, the Registrar­General must, if re­ quired to do so by the religious body, refer the application to the Minister.
If the Minister considers that the requirements of subsection (1)(a) to (d) are satisﬁed, the Minister may direct the Regis­ trar­General to declare the religious body to be an exempt re­ ligious body and, in that case, the Registrar­General must do so immediately.

“(4) A declaration under this section that a religious body is an exempt religious body must be made by way of notice in the Gazette.
“32D Change in beliefs or objects of exempt religious bodies “(1) If an exempt religious body changes its name or any of its be­ liefs or objects, it must immediately give the Registrar­Gen­ 82 2001 No 96 Human Rights Amendment Act 2001 Part 2 s 61 of its former and new names; and eral notice in writing, signed in the manner required by section 32B(2)(a),— “(a) “(b) of whether its beliefs and objects remain unchanged since it last stated them to the Registrar­General under section 32B; and if those beliefs and objects do not remain unchanged, stating its present beliefs and objects; and stating whether its present beliefs and objects continue to be inconsistent with the provisions of this Part relat­ ing to the solemnisation of marriages in the presence of a marriage celebrant.
“(d) “(c) “(2) If the Registrar­General is satisﬁed that an exempt religious body has changed its name, the Registrar must notify the change by notice in the Gazette specifying that body’s former and new names.
“(3) Subsection (4) applies if the Registrar­General— “(a) “(b) has been notiﬁed under subsection (1) that the beliefs or objects of an exempt religious body have changed; or is satisﬁed that any of the beliefs or objects of an exempt religious body have changed since that organisation last stated its beliefs and objects to the Registrar­General under section 32B.
“(4) If subsection (3) applies, the Registrar­General must recom­ mend to the Minister either— “(a) that that exempt religious body should continue to be an exempt religious body; or that the Minister must cancel the exemption of that body from observing the requirements of this Part relating to the solemnisation of marriages in the presence of a marriage celebrant.
“(b) “(5) The Registrar­General must not recommend, under subsection (4), that an organisation should continue to be an exempt re­ ligious body unless the Registrar­General is satisﬁed that the objects and beliefs of the body continue to be inconsistent with the provisions of this Part relating to the solemnisation of mar­ riages in the presence of a marriage celebrant.
“(6) The Minister may exercise the power conferred by subsection (7) if, at any time, the Minister— 83 Part 2 s 62 Human Rights Amendment Act 2001 2001 No 96 “(a) “(b) becomes satisﬁed that, in the light of information not available to the Minister or Registrar­General (as the case may be) when an exempt religious body was granted an exemption, or as a consequence of a change in the circumstances of an exempt religious body, that the body should not continue to be an exempt religious body; or is not satisﬁed (whether or not as a result of a recom­ mendation under subsection (4)) that the beliefs and ob­ jects of the religious body are no longer inconsistent with the provisions of the Part relating to the solemnisa­ tion of marriage in the presence of a marriage celebrant.
If subsection (6) applies, the Minister may, by notice in the Gazette, cancel the exemption of the religious body referred to in subsection (6), and on the date of the publication of that notice that body ceases to be an exempt religious body.

“(7) “32E List of exempt religious bodies “(1) The Registrar­General must, in each year,— “(a) “(b) prepare a list of exempt religious bodies (in this section referred to as the list); and ensure that the list is published in the Gazette.
“(2) The list must contain the name of every exempt religious body and must be corrected or added to as often as is necessary to maintain its accuracy.

“(3) The Registrar­General must ensure that each correction of, or addition to, the list is published in the Gazette.
“(4) The Registrar­General must specify in each list published in the Gazette a date on which the list comes into force, and on that date all previous lists and all corrections and additions to any previous list are cancelled and of no effect.” Amendments to Police Act 1958 Interpretation Section 2 of the Police Act 1958 (1958 No 109) is amended by inserting, before the deﬁnition of Minister, the following deﬁnition: 62 (1) 84 2001 No 96 Human Rights Amendment Act 2001 Part 2 s 64 “member of the Government Superannuation Fund Police Sub­ Scheme means a member of the police who is a member of the Gov­ ernment Superannuation Fund subject to Part VIA of the Government Superannuation Fund Act 1956.”.
(2) Sections 28B and 67(7) of the Police Act 1958 are each con­ sequentially amended by omitting the words “(as deﬁned in section 27(9) of this Act)”.

63 (1) (2) “(a) (3) Age of retirement Section 27 of the Police Act 1958 is repealed.
Section 88B of the Government Superannuation Fund Act 1956 is consequentially amended by repealing subsections (2)(a) and (4)(a), and substituting in each case the following paragraph: a member of the police who was or is appointed by reason of special qualiﬁcations to perform duties of a specialised nature and who, throughout the member’s entire police career, holds a specially designated rank:”.
The following enactments are consequentially repealed: (a) (b) (c) section 8 of the Human Rights Amendment Act 1999: section 2 of the Police Amendment Act 1985: section 12(1) of the Police Amendment Act (No 2) 1992: section 4 of the Police Amendment Act 1992.
(d) 64 New section 53 substituted The Police Act 1958 is amended by repealing section 53, and substituting the following section: “53 Failing to help member of police “(1) A member of the police in the lawful execution of his or her duty may ask any person who is 18 years old or older to help the member of the police do either or both of the following: “(a) “(b) apprehend or secure any person: convey any person in the charge of the member of the police to a police station or other place.
“(2) The member of the police may ask the person for help of that kind only if it is, in the circumstances, a reasonable necessity.

85 Part 2 s 65 Human Rights Amendment Act 2001 2001 No 96 “(3) Every person who, when so asked, fails to give help of that kind to any member of the police commits an offence and is liable on summary conviction to a ﬁne not exceeding $500.
“(4) However, a failure of that kind before the commencement of the Human Rights Amendment Act 2001, and by a person who is not a male, is not an offence under subsection (3).” Amendment to Protection of Personal and Property Rights Act 1988 Interpretation Section 2 of the Protection of Personal and Property Rights Act 1988 (1988 No 4) is amended by omitting from paragraph (a) of the deﬁnition of relative the words “or any other person with whom that person has a relationship in the nature of mar­ riage”, and substituting the words “or the de facto partner of the same or different sex of that person”.
Amendment to Referenda (Postal Voting) Act 2000 Persons who, at commencement of voting period, are dead or disqualiﬁed or removed from roll Section 26(2)(b)(ii) of the Referenda (Postal Voting) Act 2000 (2000 No 48) is amended by omitting the words “or spouse”, and substituting the words “spouse, or de facto partner (whether of the same or different sex)”.
Amendments to Sale of Liquor Act 1989 Being on licensed premises outside licensing hours Section 170(2)(a) of the Sale of Liquor Act 1989 (1989 No 63) is amended by inserting, after the word “spouse”, the words “or de facto partner (whether of the same or different sex)”.
Disqualiﬁcation of members of Trust Section 200(1) of the Sale of Liquor Act 1989 is amended by inserting in paragraphs (c) and (d), after the words “husband or wife”, the words “or de facto partner (whether of the same or different sex)”.
65 66 67 68 86 2001 No 96 Human Rights Amendment Act 2001 Schedule 1 Amendment to Summary Proceedings Act 1957 69 Mode of service of documents on defendant Section 24(2) of the Summary Proceedings Act 1957 (1957 No 87) is amended by inserting, after the word “husband,” the words “de facto partner of the same or different sex,”.
70 (1) (2) 71 (1) (2) 1 (1) Amendments relating to disability as a ground for removal from ofﬁce Amendments to ensure disability not a ground for removal The Acts speciﬁed in Part 1 of Schedule 2 are amended in the manner indicated in that Part.

The regulations speciﬁed in Part 2 of Schedule 2 are amended in the manner indicated in that Part.

Consequential amendments Consequential amendments The Acts speciﬁed in Part 1 of Schedule 3 are amended in the manner indicated in that Part.
The regulations speciﬁed in Part 2 of Schedule 3 are amended in the manner indicated in that Part.
s 43 s 20H(1) Schedule 1 New Schedules 1 and 2 substituted Schedule 1 Administrative provisions applying in respect of Commission 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 87 Schedule 1 Human Rights Amendment Act 2001 2001 No 96 Schedule 1—continued (b) holds the ofﬁce for the term (not longer than 5 years) and under the conditions speciﬁed in his or her appointment; and (c) may, from time to time, be reappointed; and (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.
Before agreeing to any terms and conditions of employment for the General manager, or any changes to those terms and conditions, the Chief Human Rights Commissioner must con­ sult with the State Services Commissioner and have regard to any recommendations he or she makes to the Chief Human Rights Commissioner about those terms and conditions.
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.
(2) (3) (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) Staff The General manager may, with the agreement of the Chief Commissioner and 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 carry­ 2 (1) 88 2001 No 96 Human Rights Amendment Act 2001 Schedule 1 Schedule 1—continued (2) (3) ing out of the functions, powers, and duties of the Commission under this Act.
The number of persons the General manager may appoint under this clause, whether generally or in respect of any speciﬁed duties or class of duties, is determined by the Com­ mission.

Employees appointed under this clause are employed on any terms and conditions of employment the General manager de­ termines.

(4) A Commissioner may not be appointed under this clause as an employee.
(5) However, the General manager must,— (a) (b) before entering into a collective agreement in relation to all or any of the employees of the Commission ap­ pointed under this clause, consult with the Chief Com­ missioner and the State Services Commissioner with re­ spect to the terms and conditions of employment to be included in the collective agreement; and from time to time, consult with the Chief Commis­ sioner and the State Services Commissioner in relation to the terms and conditions of employment applying to those employees appointed under this clause who are not covered by a collective agreement.
3 Employment principles The Commission must operate a personnel policy that com­ plies with the principle of being a good employer, which pol­ icy must contain provisions generally accepted as necessary for the fair and proper treatment of employees in all aspects of their employment, including provisions meeting the require­ ments of section 56(2)(a) to (d)(ii) and (e) to (h) of the State Sector Act 1988.
4 (1) Appointment of experts The Commission may, as and when the need arises, appoint any person (other than a Commissioner) who, in the Com­ mission’s opinion, possesses expert knowledge or is otherwise 89 Schedule 1 Human Rights Amendment Act 2001 2001 No 96 Schedule 1—continued able to assist in connection with the exercise of the functions of the Commission to make such inquiries or to conduct such research or to make such reports or to render such other ser­ vices as may be necessary for the efﬁcient performance by the Commission of the functions of the Commission.
The Commission must pay persons appointed under this clause, for services rendered by them, fees or commission or both at such rates as the Commission thinks ﬁt, and may separately reimburse them for expenses reasonably incurred in rendering services for the Commission.
Salaries and allowances There must be paid to the Commissioners and alternate Com­ missioners such remuneration by way of fees, salary, wages, or allowances as may from time to time be ﬁxed, either generally or in respect of any particular Commissioner or Commission­ ers or alternate Commissioner or alternate Commissioners, by the Higher Salaries Commission.
Subject to the Higher Salaries Commission Act 1977, any de­ termination made under subclause (1) may be made so as to come into force on a date to be speciﬁed for that purpose in the determination, being the date of the making of the deter­ mination, or any other date, whether before or after the date of the making of the determination.
Every determination made under subclause (1) in respect of which no date is speciﬁed as provided in subclause (2) comes into force on the date of the making of the determination.
There must also be paid to the Commissioners and alternate Commissioners, in respect of time spent in travelling in the exercise of their functions, travelling allowances and travel­ ling expenses in accordance with the Fees and Travelling Al­ lowances Act 1951, and that Act applies accordingly as if the Commissioners and alternate Commissioners were members of a statutory Board and the travelling were in the service of the statutory Board.
(2) 5 (1) (2) (3) (4) 90 2001 No 96 Human Rights Amendment Act 2001 Schedule 1 Schedule 1—continued 6 (1) Superannuation or retiring allowances For the purpose of providing superannuation or retiring allow­ ances for the Commissioners and for the General manager and for any of the employees of the Commission, the Commission may, out of the funds of the Commission, 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 be­ fore being appointed as a Commissioner or the General man­ ager or, as the case may be, becoming an employee of the Com­ mission, is a contributor to the Government Superannuation Fund under Part II or Part IIA of the Government Superannu­ ation 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 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 ser­ vice 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 Government Superannuation Fund, controlling authority, in relation to the person, means the Commission.
(3) 7 8 Certain Acts do not apply to staff of Commission No person may be deemed to be employed in the service of the Crown for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956 just because the person is appointed under clause 1 or clause 2 or clause 4.
Services for Commission The Crown, acting through any department, may, at the re­ quest of the Commission, execute any work or enter into any 91 Schedule 1 Human Rights Amendment Act 2001 2001 No 96 Schedule 1—continued arrangements for the execution or provision by the department for the Commission of any work or service, or for the supply to the Commission of any goods, stores, or equipment, on and subject to such terms and conditions as may be agreed.
9 Funds of Commission The funds of the Commission consist of— (a) any money appropriated by Parliament for the purposes of the Commission and paid to the Commission for those purposes (except any money of that kind appro­ priated to the Ofﬁce of Human Rights Proceedings as a part of the Commission, and that must, when paid to the Commission, be paid by the Commission to the Ofﬁce): all other money lawfully received by the Commission for the purposes of the Commission: all accumulations of income derived from any money of that kind.
(b) (c) 10 (1) Bank accounts The Commission must operate at any bank or banks any ac­ counts that are necessary for the exercise or performance of its functions, powers, and duties.

(2) All money received by, or on behalf of, the Commission must, as soon as practicable after it has been received, be paid into any bank accounts of the Commission that the Commission from time to time determines.
(3) Withdrawals or payments of money from any account of that kind must be authorised in any manner the Commission thinks ﬁt.

Investment of money Any money that belongs to the Commission and is not imme­ diately required for expenditure by the Commission may be invested under section 25 of the Public Finance Act 1989.
11 92 2001 No 96 Human Rights Amendment Act 2001 Schedule 1 12 (1) (2) 13 14 (1) (2) 15 16 Schedule 1—continued Borrowing The Commission must not borrow or contract to borrow any money, or renew any loan made to the Commission, without the prior written consent of the Minister of Finance.

Subclause (1) limits section 4.

Seal The seal of the Commission must be judicially noticed in all courts and for all purposes.
Tax status For the purposes of the Inland Revenue Acts, the Commission (including the Ofﬁce of Human Rights Proceedings) is a public authority.

In this clause, Inland Revenue Acts has the same meaning as in section 3(1) of the Tax Administration Act 1994.

Crown entity The Commission (including the Ofﬁce of Human Rights Pro­ ceedings) is a Crown entity for the purposes of the Public Fi­ nance Act 1989.
Auditor The Commission (including the Ofﬁce of Human Rights Pro­ ceedings) is a public entity as deﬁned in section 4 of the Public Audit Act 2001 and, in accordance with that Act, the Audi­ tor­General is its auditor.
Schedule 2 Administrative provisions applying in respect of Ofﬁce of Human Rights Proceedings s 20H(2) 1 Interpretation In this schedule, unless the context otherwise requires,— 93 Schedule 1 Human Rights Amendment Act 2001 2001 No 96 Schedule 2—continued 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.
2 (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.
(3) However, the Director must,— (a) (b) before entering into a collective agreement in relation to all or any of the employees of the Ofﬁce appointed under this clause, consult with the State Services Com­ missioner with respect to the terms and conditions of employment to be included in the collective agreement; and from time to time, consult with the State Services Com­ missioner in relation to the terms and conditions of em­ ployment applying to those employees appointed under this clause who are not covered by a collective agree­ ment.
(4) A Commissioner may not be appointed under this clause as an employee.

Employment principles The Ofﬁce must operate a personnel policy that complies with the principle of being a good employer, which policy must contain provisions generally accepted as necessary for the fair and proper treatment of employees in all aspects of their em­ ployment, including provisions meeting the requirements of section 56(2)(a) to (d)(ii) and (e) to (h) of the State Sector Act 1988.
3 94 2001 No 96 Human Rights Amendment Act 2001 Schedule 1 4 (1) (2) 5 (1) (2) (3) (4) Schedule 2—continued 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.

Salaries and allowances There must be paid to the Director such remuneration by way of fees, salary, wages, or allowances as may from time to time be ﬁxed, either generally or in respect of any particular Dir­ ector, by the Higher Salaries Commission.
Subject to the Higher Salaries Commission Act 1977, any de­ termination made under subclause (1) may be made so as to come into force on a date to be speciﬁed for that purpose in the determination, being the date of the making of the deter­ mination, or any other date, whether before or after the date of the making of the determination.
Every determination made under subclause (1) in respect of which no date is speciﬁed as provided in subclause (2) comes into force on the date of the making of the determination.
There must also be paid to the Director, in respect of time spent in travelling in the exercise of his or her functions, trav­ elling allowances and travelling expenses in accordance with the Fees and Travelling Allowances Act 1951, and that Act ap­ plies accordingly as if the Director were a member of a statu­ tory Board and the travelling were in the service of the statu­ tory Board.
95 Schedule 1 Human Rights Amendment Act 2001 2001 No 96 Schedule 2—continued 6 (1) Superannuation or retiring allowances For the purpose of providing superannuation or retiring allow­ ances for the Director and for any of the employees of the Ofﬁce, 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 II or Part IIA 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.
(3) Certain Acts do not apply to staff of Ofﬁce No person may be deemed to be employed in the service of the Crown for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956 just because the person is appointed under clause 2 or clause 4.
Services for Ofﬁce The Crown, acting through any department, may, at the request of the Ofﬁce, execute any work or enter into any arrangements for the execution or provision by the department for the Ofﬁce of any work or service, or for the supply to the Ofﬁce of any 7 8 96 2001 No 96 Human Rights Amendment Act 2001 Schedule 1 Schedule 2—continued goods, stores, or equipment, on and subject to such terms and conditions as may be agreed.
9 Funds of Ofﬁce The funds of the Ofﬁce consist of— (a) any money appropriated by Parliament for the purposes of the Ofﬁce as a part of the Commission and paid by the Commission to the Ofﬁce for those purposes: all other money lawfully received by the Ofﬁce for the purposes of the Ofﬁce: all accumulations of income derived from any money of that kind.

(b) (c) 10 (1) Bank accounts The Ofﬁce must operate at any bank or banks any accounts that are necessary for the performance of the Director’s functions.
(2) All money received by, or on behalf of, the Ofﬁce must, as soon as practicable after it has been received, be paid into any bank accounts of the Ofﬁce that the Director from time to time determines.

(3) Withdrawals or payments of money from any account of that kind must be authorised in any manner the Director thinks ﬁt.
11 12 Investment of money Any money that belongs to the Ofﬁce and is not immediately required for expenditure by the Ofﬁce may be invested under section 25 of the Public Finance Act 1989.

Address for service The address for service of the Director and of the Ofﬁce is the address of the main premises of the Ofﬁce.
97 Schedule 2 Human Rights Amendment Act 2001 2001 No 96 Schedule 2 Amendments relating to disability as a ground for removal from ofﬁce s 70 1 Amendments to acts Agriculture (Emergency Powers) Act 1934 (1934 No 34) Omit from section 3(2) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.

Alcohol Advisory Council Act 1976 (1976 No 143) Omit from section 4(3) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.
Broadcasting Act 1989 (1989 No 25) Omit from clause 1(1) of Schedule 1 the word “disability” and sub­ stitute the words “inability to perform the functions of the ofﬁce”.

Carter Observatory Act 1938 (1938 No 9) Omit from section 5A(1) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.

Casino Control Act 1990 (1990 No 62) Omit from clause 1(4) of Schedule 1 the word “disability” and sub­ stitute the words “inability to perform the functions of the ofﬁce”.
Clerk of the House of Representatives Act 1988 (1988 No 126) Omit from sections 6(2) and 11(2) and (3) the word “disability” and substitute in each case the words “inability to perform the functions of the ofﬁce”.

Commerce Act 1986 (1986 No 5) Omit from sections 13(1) and (2) and 77(5) the word “disability” and substitute in each case the words “inability to perform the functions of the ofﬁce”.
98 2001 No 96 Human Rights Amendment Act 2001 Schedule 2 1—continued Conservation Act 1987 (1987 No 65) Omit from sections 6F(2), 6R(2), and 26ZA(2) the word “disability” and substitute in each case the words “inability to perform the func­ tions of the ofﬁce”.

Contraception, Sterilisation, and Abortion Act 1977 (1977 No 112) Omit from section 11(3) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.
Corporations (Investigation and Management) Act 1989 (1989 No 11) Omit from sections 57(1) and 60(6) the word “disability” and substi­ tute in each case the words “inability to perform the functions of the ofﬁce”.

Customs and Excise Act 1996 (1996 No 27) Omit from section 245(2) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.
Dairy Board Act 1961 (1961 No 5) Omit from section 7(1)(a) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.

Dental Act 1988 (1988 No 150) [Repealed] this item was repealed, as from 18 September 2004, by section Dental Act 1988: 175(4) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.
Earthquake Commission Act 1993 (1993 No 84) Omit from clause 3(3) of Schedule 1 the word “disability” and sub­ stitute the words “inability to perform the functions of the ofﬁce”.

99 Schedule 2 Human Rights Amendment Act 2001 2001 No 96 1—continued Electricity Act 1992 (1992 no 122 Omit from section 155(3)(b) and clause 4(1) of Schedule 2 the word “disability” and substitute in each case the words “inability to per­ form the functions of the ofﬁce”.
Energy Companies Act 1992 (1992 No 56) Omit from section 7 the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.

Engineering Associates Act 1961 (1961 No 70) Omit from section 10(1) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.

Engineers Registration Act 1924 (1924 No 16) Omit from section 3(4) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.
Environment Act 1986 (1986 No 127) Omit from section 7(1) and (2) the word “disability” and substitute in each case the words “inability to perform the functions of the ofﬁce”.

Fire Service Act 1975 (1975 No 42) Omit from section 8(1) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.

Fisheries Act 1996 (1996 No 88) Omit from section 285(2) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.
Forest and Rural Fires Act 1977 (1977 No 52) Omit from section 64(4)(b) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.

100 2001 No 96 Human Rights Amendment Act 2001 Schedule 2 1—continued Foundation for Research, Science, and Technology Act 1990 (1990 No 72) Omit from clause 3(1) of Schedule 1 the word “disability” and sub­ stitute the words “inability to perform the functions of the ofﬁce”.
Gaming and Lotteries Act 1977 (1977 No 84) Omit from sections 76(1), 116C(1), and 116M(1) the word “disabil­ ity” and substitute in each case the words “inability to perform the functions of the ofﬁce”.

Higher Salaries Commission Act 1977 (1977 No 110) Omit from section 7(1) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.
Historic Places Act 1993 (1993 No 38) Omit from sections 45(2) and 88(2) the word “disability” and substi­ tute in each case the words “inability to perform the functions of the ofﬁce”.

Howard Estate Act 1978 (1978 No 74) Omit from section 22(1) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.
Immigration Act 1987 (1987 No 74) Omit from clauses 2(1) of Schedule 2, 1(2) of Schedule 3A, and 1(2) of Schedule 3B the word “disability” and substitute in each case the words “inability to perform the functions of the ofﬁce”.

Land Valuation Proceedings Act 1948 (1948 No 50) Omit from sections 3(4) and 19(4)(b) the word “disability” and sub­ stitute in each case the words “inability to perform the functions of the ofﬁce”.
101 Schedule 2 Human Rights Amendment Act 2001 2001 No 96 1—continued Law Commission Act 1985 (1985 No 151) Omit from section 12(1) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.

Local Government Act 1974 (1974 No 66) Omit from section 692B(3) and clause 1(1) of Schedule 3A the word “disability” and substitute in each case the words “inability to per­ form the functions of the ofﬁce”.
Maori Community Development Act 1962 (1962 No 133) Omit from section 22(a) the words “disability” and substitute the words “inability to perform the functions of the ofﬁce”.

Maori Fisheries Act 1989 (1989 No 159) [Repealed] The item relating to the Maori Fisheries Act 1989 was repealed, as from 29 Novem­ ber 2004, by section 214 Maori Fisheries Act 2004 (2004 No 78).

See clause 3 Maori Fisheries (Appointed Day) Order 2004 (SR 2004/401).
Maori Language Act 1987 (1987 No 176) Omit from clause 1(3) of Schedule 2 the word “disability” and sub­ stitute the words “inability to perform the functions of the ofﬁce”.

Maori Soldiers Trust Act 1957 (1957 No 29) Omit from section 8(4B) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.

Maori Trust Board Act 1955 (1955 No 37) Omit from section 16(1) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.
Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46) Omit from section 106(3) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.

102 2001 No 96 Human Rights Amendment Act 2001 Schedule 2 1—continued Motor Vehicle Dealers Act 1975 (1975 No 127) Omit from sections 6A(7) and 63(4) the word “disability” and sub­ stitute in each case the words “inability to perform the functions of the ofﬁce”.
Music Teachers Act 1981 (1981 No 3) Omit from section 14(5) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.

National Library Act 1965 (1965 No 136) Omit from section 10(1) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.

New Zealand Film Commission Act 1978 (1978 No 61) Omit from section 5(2) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.
New Zealand Geographic Board Act 1946 (1946 No 3) Omit from section 3(3) the word “disability” and substitute the words “inability to perform the functions of ofﬁce”.

New Zealand Horticulture Export Authority Act 1987 (1987 No 93) Omit from section 12(1) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.
New Zealand Maori Arts and Crafts Institute Act 1963 (1963 No 51) Omit from section 7(1) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.

New Zealand Railways Corporation Act 1981 (1981 No 119) Omit from section 4(6) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.
103 Schedule 2 Human Rights Amendment Act 2001 2001 No 96 1—continued New Zealand Trade Development Board Act 1988 (1988 No 160) Omit from clause 3(1) of Schedule 1 the word “disability” and sub­ stitute the words “inability to perform the functions of the ofﬁce”.

Ombudsmen Act 1975 (1975 No 9) Omit from section 6(1) and (2) the word “disability” and substitute in each case the words “inability to perform the functions of the ofﬁce”.
Pesticides Act 1979 (1979 No 26) Omit from section 14(3) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.

Police Complaints Authority Act 1988 (1988 No 2) Omit from section 6 the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.

Queen Elizabeth the Second National Trust Act 1977 (1977 No 102) Omit from section 7(2) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.
Radiation Protection Act 1965 (1965 No 23) Omit from section 5B(1) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.

Real Estate Agents Act 1976 (1976 No 9) Omit from section 4(6) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.
Reserve Bank of New Zealand Act 1989 (1989 No 157) Omit from sections 119(6), 141(1), and 154(4) the word “disability” and substitute in each case the words “inability to perform the func­ tions of the ofﬁce”.

104 2001 No 96 Human Rights Amendment Act 2001 Schedule 2 1—continued Residential Tenancies Act 1986 (1986 No 120) Omit from section 68(3) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.
Sale of Liquor Act 1989 (1989 No 63) Omit from section 87(2) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.

Securities Act 1978 (1978 No 103) Omit from section 13(3) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.

Social Security Act 1964 (1964 No 136) Omit from section 12C(1) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.
Social Welfare (Transitional Provisions) Act 1990 (1990 No 26) Omit from clause 3(1) of Schedule 3 the word “disability” and sub­ stitute the words “inability to perform the functions of the ofﬁce”.

Sport, Fitness, and Leisure Act 1987 (1987 No 13) Omit from section 6(1) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.
Standards Act 1988 (1988 No 5) Omit from section 6(1) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.

Survey Act 1986 (1986 No 123) Omit from section 16(1) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.
105 Schedule 2 Human Rights Amendment Act 2001 2001 No 96 1—continued Taratahi Agriculture Training Centre (Wairarapa) Act 1969 (1969 No 138) Omit from section 4(1) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.

Taxation Review Authorities Act 1994 (1994 No 165) Omit from section 6(3) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.
Temporary Safeguards Authorities Act 1987 (1987 No 88) Omit from section 3(2) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.

Testing Laboratory Registration Act 1972 (1972 No 36) Omit from section 6(1) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.
Toxic Substances Act 1979 (1979 No 27) Omit from section 13(2) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.

Transit New Zealand Act 1989 (1989 No 75) Omit from clause 6 of Schedule 1 the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.
Transport Accident Investigation Commissions Act 1990 (1990 No 99) Omit from clause 5 of the Schedule the word “disability” and substi­ tute the words “inability to perform the functions of the ofﬁce”.

Treaty of Waitangi Act 1975 (1975 No 114) Omit from clause 2(3) of Schedule 2 the word “disability” and sub­ stitute the words “inability to perform the functions of the ofﬁce”.
106 2001 No 96 Human Rights Amendment Act 2001 Schedule 2 1—continued Veterinarians Act 1994 (1994 No 107) Omit from section 49(1) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.

Waterfront Industry Reform Act 1989 (1989 No 6) Omit from section 23(3) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.
Wildlife Act 1953 (1953 No 31) Omit from section 44G(2) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.
Winston Churchill Memorial Trust Act 1965 (1965 No 39) Omit from section 6(1) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce” 2 Amendments to regulations Berryfruit Marketing Licensing Regulations 1983 (SR 1983/135) Omit from regulation 4(1) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.
Game Industry Board Regulations 1985 (SR 1985/154) Omit from regulation 4(1) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.

Trees (Electric Lines) Regulations 1986 (SR 1986/315) Omit from regulation 4(3) the word “disability” and substitute the words “inability to perform the functions of the ofﬁce”.
107 Schedule 3 Human Rights Amendment Act 2001 2001 No 96 Schedule 3 Consequential amendments to other enactments s 71 1 Acts amended Accident Insurance Act 1998 (1998 No 114) Omit from section 394(3)(b) the words “section 83 or section 90” and substitute the words “section 92B or section 92E or section 92R”.
Broadcasting Act 1989 (1989 No 25) Add to clause 7 of Schedule 1, as subclause (2), the following sub­ clause: “(2) For the purposes of subclause (1)(b), an employee makes a complaint when proceedings in relation to that complaint are commenced by the complainant or the Human Rights Com­ mission.” Employment Relations Act 2000 (2000 No 24) Repeal section 112(2) and substitute: “(2) For the purposes of subsection (1)(b), an employee makes a complaint when proceedings in relation to that complaint are commenced by the complainant or the Commission.” Health and Disability Commissioner Act 1994 (1994 No 88) Repeal the deﬁnition of Complaints Review Tribunal or Tribunal in section 2.
Insert in section 2, in its appropriate alphabetical order: “Human Rights Review Tribunal or Tribunal means the Human Rights Review Tribunal continued by section 93 of the Human Rights Act 1993.”.

Omit from sections 14(2)(b) and 23(b) the words “the Race Relations Conciliator,”.

Omit from the heading before section 50, the heading to section 50 , section 50(2), the heading to section 54, and 55(1)(a) the word “Com­ plaints” and substitute in each case the words “Human Rights”.
108 2001 No 96 Human Rights Amendment Act 2001 Schedule 3 1—continued Omit from section 58 the words “Sections 89 to 92” and substitute the words “Sections 92Q to 92W”.

Omit from section 58 the expression “83” and substitute the expres­ sion “92E”.
Higher Salaries Commission Act 1977 (1977 No 110) Omit from Schedule 4 the item relating to the members of the Human Rights Commission and substitute: “The members and alternate members of the Human Rights Commission and the Director of Human Rights Proceedings or his or her alternate.”.

Omit from Schedule 4 the item relating to the Race Relations Con­ ciliator.

Judicature Act 1908 (1908 No 89) Omit from section 68(1)(a) the expression “90(1)” and substitute the expression “92R(1)”.
New Zealand Symphony Orchestra Act 1988 (1988 No 163) Add to section 10, as subsection (2), the following subsection: “(2) For the purposes of subsection (1)(b), an employee makes a complaint when proceedings in relation to that complaint are commenced by the complainant or the Commission.” Penal Institutions Act 1954 (1954 No 51) [Repealed] The item relating to the Penal Institutions Act 1954 was repealed, as from 1 June 2005, by section 208(1) Corrections Act 2004 (2004 No 50).
See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Police Act 1958 (1958 No 109) Repeal section 95(2) and substitute: “(2) For the purposes of subsection (1)(b), a member makes a com­ plaint when proceedings in relation to that complaint are com­ menced by the complainant or the Commission.” 109 Schedule 3 Human Rights Amendment Act 2001 2001 No 96 1—continued Privacy Act 1993 (1993 No 28) Repeal the deﬁnitions of Complaints Review Tribunal or Tribunal and Proceedings Commissioner in section 2(1).
Insert in section 2(1), in their appropriate alphabetical order: “Human Rights Review Tribunal or Tribunal means the Human Rights Review Tribunal continued by section 93 of the Human Rights Act 1993 “Director of Human Rights Proceedings means the Director of Human Rights Proceedings or alternate Director of Human Rights Proceedings appointed under section 20A of the Human Rights Act 1993.” Omit from section 15(3) the words “(other than the function of being a member of the Human Rights Commission)”.
Omit from the heading preceding section 82 the word “Complaints” and substitute the words “Human Rights”.

Omit from the headings to section 82, section 83, section 85, and section 86 the word “Complaints” and substitute the words “Human Rights”.

Omit from sections 82(2), 83, and 86 the word “Complaints” in each place where they appear and substitute in each case the words “Human Rights”.
Omit from sections 82, 83, 85(3), 86, and 88(2) the words “Proceed­ ings Commissioner” in each place where they appear and substitute in each case the words “Director of Human Rights Proceedings”.

Omit from section 84 the words “Complaints Review Tribunal, the Proceedings Commissioner” and substitute the words “Human Rights Review Tribunal, the Director of Human Rights Proceed­ ings”.

Omit from section 89 the words “sections 89 to 92” and substitute the words “92Q to 92W”.
Omit from section 89 the words “section 83 of that Act” and substi­ tute the words “section 92B, or section 92E, or section 92H of that Act”.

110 2001 No 96 Human Rights Amendment Act 2001 Schedule 3 1—continued Public Finance Act 1989 (1989 No 44) Omit from Schedules 4, 5, and 7 the item relating to Race Relations Conciliator in each place where it occurs.
Residential Tenancies Act 1986 (1986 No 120) Repeal section 12A(2) and substitute: “(2) For the purposes of subsection (1)(b), a person makes a com­ plaint when proceedings in relation to that complaint are com­ menced by the complainant or the Commission.” State­Owned Enterprises Amendment Act (No 4) 1988 (1988 No 162) Add to section 6, as subsection (2), the following subsection: “(2) For the purposes of subsection (1)(b), an employee makes a complaint when proceedings in relation to that complaint are commenced by the complainant or the Commission.” 2 Regulations amended Children, Young Persons, and Their Families (Residential Care) Regulations 1996 (SR 1996/354) Omit from regulation 10(1)(l) the words “Race Relations Concili­ ator,”.
Human Rights Regulations 1993 (SR 1993/394) Omit from the deﬁnition of Chief Commissioner in regulation 2(1) the expression “7(1)(a)” and substitute the expression “8(1)(a)”.

Omit from the deﬁnition of Tribunal in regulation 2(1) the word “Complaints” and substitute the word “Human Rights”.
111 Human Rights Amendment Act 2001 2001 No 96 2—continued Privacy Regulations 1993 (SR 1993/149) Revoke the deﬁnition of Tribunal in regulation 2(1) and substitute the following: “Tribunal means the Human Rights Review Tribunal continued by section 93 of the Human Rights Act 1993.” 13 August 2001 16 August 2001 30 October 2001 13 November 2001 5 December 2001 11 December 2001 14 December 2001 Legislative history Introduction (Bill 152­1) First reading and referral to Justice and Electoral Committee Reported from Justice and Electoral Committee (Bill 152­2) Second reading Committee of the whole House (Bill 152­3) Third reading Royal assent 112