Human Rights Amendment Act 2016

1: Title
This Act is the Human Rights Amendment Act 2016.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Human Rights Act 1993 2016-06-15 Human Rights Act 1993
1: Amendments to Human Rights Act 1993
4: New section 2A inserted (Transitional, savings, and related provisions)
After section 2
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
5: Interpretation
1: The definition of Chief Commissioner section 2(1) under section 8(1)﻿(a)
2: The definitions of Equal Employment Opportunities Commissioner Race Relations Commissioner section 2(1)
6: Functions of Commission
1: Section 5(1)﻿(b) society. society; and
2: Section 5(1)
c: to promote racial equality and cultural diversity; and
d: to promote equal employment opportunities (including pay equity); and
e: to promote and protect the full and equal enjoyment of human rights by persons with disabilities.
3: Section 5(2)
c: to make public statements in relation to any matter that may affect or infringe human rights (whether or not those human rights are affirmed in New Zealand domestic human rights law or international human rights law), including statements commenting on the position of the Government in relation to that matter:
ca: to make public 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 ensure equality, of indirect discrimination, or of institutions and procedures under this Act for dealing with complaints of unlawful discrimination):
4: Section 5(2)﻿(k)﻿(iii)
5: Section 5(2)
ka: to report to either or both of the Prime Minister and the Minister responsible on any existing or proposed legislation (including subordinate legislation), administrative provision, or policy of the Government that the Commission considers may affect human rights:
kb: to promote the development of new international instruments on human rights:
kc: to promote and monitor compliance by New Zealand with, and the reporting by New Zealand on, the implementation of international instruments on human rights ratified by New Zealand:
6: Section 5(2)
n: to exercise the following functions in relation to equal employment opportunities:
i: to evaluate, through the use of benchmarks developed by the Commission, the roles that legislation, guidelines, and voluntary codes of practice play in facilitating and promoting best practice in equal employment opportunities:
ii: to lead the 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 paragraph (e):
iii: to monitor and analyse progress in improving equal employment opportunities in New Zealand and to report to the Minister on the results of that monitoring and analysis:
iv: to liaise with, and complement the work of, any trust or body that has as one of its purposes the promotion of equal employment opportunities:
7: Membership of Commission
Section 8
1: The Commission consists of the following Human Rights Commissioners:
a: the Chief Commissioner; and
b: not less than 3 and not more than 4 other Commissioners.
1A: There must be a Commissioner, other than the Chief Commissioner, appointed to lead the work of the Commission in each of the following priority areas:
a: disability rights (the Disability Rights Commissioner):
b: equal employment opportunities (including pay equity) (the Equal Employment Opportunities Commissioner):
c: race relations (the Race Relations Commissioner).
1B: A Commissioner must lead the work of the Commission in any other priority area that is designated by the Chief Commissioner, and the Chief Commissioner may designate an area of work as a priority area only in accordance with the strategic direction and the general nature of activities determined by the Commission under section 7(1) and after consultation with the Minister and the other Commissioners.
8: Section 10(2) and (3) repealed
Section 10(2) and (3)
9: Criteria for appointment
Section 11(2) or section 14
10: New section 13 substituted
Section 13
13: Further criteria for appointment of Commissioner appointed to lead Commission work in priority area
In recommending a person for appointment as a Commissioner appointed to lead the work of the Commission in a priority area under section 8(1A)
a: understanding of the principles and practice of the priority area in question, including its origin and development in New Zealand:
b: appreciation of issues, trends, and developments, in other countries and internationally, affecting the priority area in question, and the relevance of those issues, trends, or developments for New Zealand:
c: ability to perform the functions stated in section 16
11: Section 14 repealed
Section 14
12: New section 15 substituted
Section 15
15: Functions of Chief Commissioner
The Chief Commissioner has the following functions:
a: to chair the Commission, and lead discussions of the Commission except when it is the function of a Commissioner to do so under section 16(1)﻿(a)
b: to ensure that activities undertaken in the performance of the Commission's functions are consistent with the strategic direction and other determinations of the Commission under section 7
c: to ensure that the Commission is effective and efficient in carrying out its functions:
d: to ensure that the Commission meets its obligations under the Crown Entities Act 2004, the Public Finance Act 1989, and the State Sector Act 1988:
e: to allocate spheres of responsibility (including responsibility for priority areas designated under section 8(1B) section 76
f: 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:
g: any other functions, powers, or duties conferred or imposed on him or her by or under this Act or any other enactment.
13: New section 16 substituted
Section 16
16: Additional functions of Commissioner appointed or designated to lead work of Commission in priority areas
1: A Commissioner who is appointed or designated to lead the work of the Commission in a priority area under section 8(1A) or (1B)
a: to lead discussions of the Commission in relation to that priority area of work:
b: to provide advice and leadership on matters in that priority area of work that arise in the course of activities undertaken in the performance of the Commission's functions, both when engaging in those activities and when consulted:
c: to contribute to the public debate on matters in that priority area of work:
d: any other functions or duties conferred or imposed upon him or her by or under this Act or any other enactment.
2: However, the exercise by a Commissioner of the functions stated in subsection (1) section 15(b), (c), and (d)
14: Section 17 repealed
Section 17
15: Evidence order
Section 126A
5: For the avoidance of doubt, nothing in this section requires the Commission in the exercise of its inquiry function under section 5(2)﻿(h) to obtain an order under subsection (1).
16: Delegation of powers by certain Commissioners
1: The heading to section 140 certain Commissioners Chief Commissioner
2: Section 140(1)
a: omitting or the Race Relations Commissioner
b: omitting any of the Commissioner's any of the Chief Commissioner's
3: Section 140(2)﻿(b)
4: Section 140(4)
5: Section 140(5) a Commissioner the Chief Commissioner
17: Section 141A repealed
1: Section 141A
2: However, section 141A
2: Miscellaneous
18: New Schedule 1AA inserted
Before Schedule 1 Schedule