Collins Judith: Human Rights Amendment Bill — First Reading 
Text is incorporated into the Bound Volume 
Collins Judith: Human Rights Amendment Bill — First Reading 
[Sitting date: 29 November 2012. Volume:686;Page:6988. Text is incorporated into the Bound Volume.] 
Hon JUDITH COLLINS (Minister of Justice) 
: 
 I move  
That the Human Rights Amendment Bill be now read a first time 
. I nominate the Justice and Electoral Committee to consider the bill. The current role and structure of the Human Rights Commission was created by the Human Rights Amendment Act 2001. That Act sought to address concerns that the human rights institutions that existed at that time were small fragmented and complaints-driven. There was also concern that the commission’s education and advocacy roles were overshadowed by the focus on complaints. The 2001 reforms combined the Human Rights Commission and the Office of the Race Relations Conciliator into one organisation. The new Human Rights Commission included the specialised positions of Race Relations Commissioner and Equal Employment Opportunities Commissioner. This ensured that the new commission kept an adequate focus on race relations and equal employment opportunities. 
The commission’s primary role is to advocate and promote respect for human rights in New Zealand. It has encouraged harmonious relations between individuals and among diverse groups. It promotes all human rights not just the right to be free from discrimination as was the case before 2001. I would like to acknowledge the work that the commission has done to promote and protect human rights in New Zealand. In 2004 and 2010 the commission conducted two comprehensive reviews on the recognition and respect for human rights in New Zealand. It also developed the New Zealand Action Plan for Human Rights. The commission has held two public inquiries one with a focus on disability rights and public transport and the other on discrimination against transgender people. The commission has advanced the rights of the disabled in New Zealand and internationally with the introduction of the United Nations Convention on the Rights of Persons with Disabilities. New Zealand was one of the first countries in the world to implement preventative mechanisms under the optional protocol to the Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment. The commission has played a key role in this work. The commission has proven to be highly effective in its resolution of discrimination complaints and is respected both nationally and internationally for its strong advocacy of fundamental human rights. 
The commission could achieve more if we amend aspects of its founding legislation. The Government considers that the role and structure of the commission needs to be strengthened. In particular the commission needs to be able to respond better to emerging human rights issues and to do so in line with the Government’s focus on better results from public services. A stronger performing commission will enhance New Zealand’s ability to comply with our international human rights obligations and domestic human rights legislation. It will deliver better results for the most vulnerable groups and ensure that everyone benefits from a society that respects and understands fundamental human rights. 
This bill amends the Human Rights Act 1993 to give the commission a stronger decision-making team and a clearer focus on the services it delivers. Firstly the bill replaces the current mix of full-time and part-time commissioners with full-time commissioners only. The commission usually consists of three full-time commissioners and five part-time commissioners. On average the part-time commissioners work one-third of a full-time position each. The part-time commissioner positions were created by the Human Rights Amendment Act 2001. Each of them has done an outstanding job representing the commission and promoting human rights in New Zealand. However the part-time nature of their positions limits their ability to carry out their roles effectively. Much of their time is spent on their governance role rather than on specific projects. This makes it difficult for the commission to adequately exercise its functions and places a heavier burden on full-time commissioners. The Government considers that having fewer commissioners who are all full time will promote more focused discussion and swifter decision-making. The bill provides for a minimum of four and a maximum of five full-time commissioners. 
The second thing the bill does is to enable the commission to respond better to emerging human rights issues. The Act currently allows commissioners to work in a variety of human rights areas. However the formal leadership roles are limited to race relations and equal employment opportunities. The Act does not allow the creation of formal leadership positions in other areas of human rights such as disability rights. To address this inflexibility the bill provides for the appointment of a chief commissioner and up to four full-time human rights commissioners. The commissioners will be appointed as general commissioners and then allocated portfolio responsibility which must include race relations equal employment opportunities and disability rights as well as other priority areas of human rights. Race relations equal employment opportunities and disability rights generate the most inquiries and complaints to the commission. It is important that the Act emphasises these areas. It is equally important that the Act allows for the creation of other formal leadership roles so that the commission has the flexibility to deal with other priority areas that emerge in the future. 
The requirement that one of the commissioners is responsible for disability issues will formalise the arrangement made last year when two part-time positions became vacant and were consolidated into a single role for an interim Disability Rights Commissioner. This role was created to implement the Government’s decision to give the commission a broad role in promoting and monitoring the implementation of the United Nations Convention on the Rights of Persons with Disabilities. Having a full-time commissioner responsible for disability issues will enable the commission to exercise that role more effectively. As a result of the proposed change to the commission structure the chief commissioner will have ultimate responsibility for ensuring that activities undertaken by the commission are consistent with its strategic direction. Previously the chief commissioner was required to act jointly with the Race Relations and Equal Employment Opportunities Commissioners. This change will strengthen the chief commissioner’s leadership role and help the commission to meet its long-term goals. 
I appreciate that some sectors of the community may feel that the bill downgrades the profile of race relations and equal employment opportunities compared with the current situation. This is not the case. The leadership role of the commission protecting and promoting race relations and equal employment opportunities will remain the same. There will still be full-time commissioners leading these areas of work but the commission will also be able to focus on the other important areas of work as they emerge. 
The third area of change relates to the functions and powers of the commission. The bill provides more certainty about the commission’s mandate to undertake some activities. The bill will provide a function of promoting compliance with New Zealand’s international human rights obligations and the development of new international human rights instruments. It will clarify that the commission can express an opinion on any situation in which human rights may be infringed including expressing an opinion about the position of the Government. It will also clarify that the commission may report on existing legislation policies and administrative provisions affecting human rights matters. 
Finally I want to acknowledge that the bill and the policy underlying it have been developed in close cooperation with the human rights commissioners. Their input has been invaluable and I thank them for their contribution. I commend the bill to the House.