Human Rights Act 1993

1: Short Title and commencement
1: This Act may be cited as the Human Rights Act 1993.
2: This Act shall come into force on 1 February 1994.
2: Interpretation
1: In this Act, unless the context otherwise requires,— act actuary
a: a person who is a Fellow of the New Zealand Society of Actuaries Incorporated; or
b: a person whom the Commission or the Complaints Division, as the case may be, considers to have an equivalent professional qualification Chief Commissioner Commission section 4 and includes the Office of Human Rights Proceedings Commissioner Director of Human Rights Proceedings Director section 20A disability assist dog section 2 dispose sections 53 54 dispute resolution meeting section 77(2)﻿(c) dispute resolution services employer Part 2
a: the employer of an independent contractor; and
b: 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 section 5 employment contract section 2 of the Employment Contracts Act 1991 fees framework general manager section 18 Human Rights Review Tribunal Tribunal section 93 Minister Office of Human Rights Proceedings Office section 20 prohibited ground of discrimination section 21 relative
a: is related to the person by blood, marriage, civil union, de facto relationship,
b: is wholly or mainly dependent on the person; or
c: is a member of the person's household residential accommodation sections 53 54 superannuation scheme trustees
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. 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) Section 2 substituted 1 January 2002 section 3 Human Rights Amendment Act 2001 Section 2(1) actuary inserted 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 2(1) Chief Commissioner amended 15 June 2016 section 5(1) Human Rights Amendment Act 2016 Section 2(1) Commission amended 25 January 2005 section 200 Crown Entities Act 2004 Section 2(1) disability assist dog inserted 10 May 2022 section 4 Human Rights (Disability Assist Dogs Non-Discrimination) Amendment Act 2022 Section 2(1) Equal Employment Opportunities Commissioner repealed 15 June 2016 section 5(2) Human Rights Amendment Act 2016 Section 2(1) fees framework inserted 1 December 2022 section 15 Remuneration Authority Legislation Act 2022 Section 2(1) Race Relations Commissioner repealed 15 June 2016 section 5(2) Human Rights Amendment Act 2016 Section 2(1) relative amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 2A inserted 15 June 2016 section 4 Human Rights Amendment Act 2016
3: Act to bind the Crown
This Act shall bind the Crown. 1971 No 150 s 2 1977 No 49 s 3
1: Human Rights Commission
4: Continuation of Human Rights Commission
1: There shall continue to be a Human Rights Commission, which shall be the same body as the Human Rights Commission established under section 4 of the Human Rights Commission Act 1977
2: The Commission is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004
4: Despite anything in any other Act, the powers of the Commission under sections 16 17
a: by persons authorised by or under this Act or the Crown Entities Act 2004
b: by the Director of Human Rights Proceedings, his or her alternate, or the staff of the Office of Human Rights Proceedings (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. 1977 No 49 s 4 Section 4(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 4(3) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 4(4) added 1 January 2002 section 4 Human Rights Amendment Act 2001 Section 4(4) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 4(4)﻿(a) amended 25 January 2005 section 200 Crown Entities Act 2004 Functions and powers of Commission Heading substituted 1 January 2002 section 5
5: Functions
1: The primary functions of the Commission are—
a: to advocate and promote respect for, and an understanding and appreciation of, human rights in New Zealand society; and
b: to encourage the maintenance and development of harmonious relations between individuals and among the diverse groups in New Zealand society; and
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.
2: The Commission has, in order to carry out its primary functions 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 observance of, human rights:
b: to encourage and co-ordinate programmes and activities in the field of human rights:
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
d: to promote by research, education, and discussion a better understanding of the human rights dimensions of the Treaty of Waitangi
e: to prepare and publish, as the Commission considers appropriate, guidelines and voluntary codes of practice for the avoidance of acts or practices that may be inconsistent with, or contrary to, this Act:
f: to receive and invite representations from members of the public on any matter affecting human rights:
g: to consult and co-operate with other persons and bodies concerned with the protection of human rights:
h: to inquire generally into any matter, including any enactment or law, or any practice, or any procedure, whether governmental or non-governmental, if it appears to the Commission that the matter involves, or may involve, the infringement of human rights:
i: to appear in or bring proceedings, in accordance with section 6 section 92B section 92E section 92H section 97
j: 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):
k: 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 standards laid down in international instruments on human rights:
ii: the desirability of New Zealand becoming bound by any international instrument on human rights:
iii:
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:
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:
m: to develop a national plan of action, in consultation with interested parties, for the promotion and protection of human rights in New Zealand:
n: to exercise 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:
o: 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 relating 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. 1977 No 49 ss 5(1), (3), (5), 6(1), (2), 28A, 78(1) 1977 No 49 ss 78(1), 86 Section 5 substituted 1 January 2002 section 5 Human Rights Amendment Act 2001 Section 5 heading amended 25 January 2005 section 200 Crown Entities Act 2004 Section 5(1)﻿(b) amended 15 June 2016 section 6(1) Human Rights Amendment Act 2016 Section 5(1)﻿(c) inserted 15 June 2016 section 6(2) Human Rights Amendment Act 2016 Section 5(1)﻿(d) inserted 15 June 2016 section 6(2) Human Rights Amendment Act 2016 Section 5(1)﻿(e) inserted 15 June 2016 section 6(2) Human Rights Amendment Act 2016 Section 5(2)﻿(c) replaced 15 June 2016 section 6(3) Human Rights Amendment Act 2016 Section 5(2)﻿(ca) inserted 15 June 2016 section 6(3) Human Rights Amendment Act 2016 Section 5(2)﻿(k)﻿(iii) repealed 15 June 2016 section 6(4) Human Rights Amendment Act 2016 Section 5(2)﻿(ka) inserted 15 June 2016 section 6(5) Human Rights Amendment Act 2016 Section 5(2)﻿(kb) inserted 15 June 2016 section 6(5) Human Rights Amendment Act 2016 Section 5(2)﻿(kc) inserted 15 June 2016 section 6(5) Human Rights Amendment Act 2016 Section 5(2)﻿(n) inserted 15 June 2016 section 6(6) Human Rights Amendment Act 2016
6: Powers relating to declaratory judgments
1: If at any time the Commission considers that it may be desirable to obtain a declaratory judgment or order of the High Court in accordance with the Declaratory Judgments Act 1908
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 section 92E section 92H section 97 1977 No 49 s 5A 1983 No 56 s 3 Section 6 substituted 1 January 2002 section 5 Human Rights Amendment Act 2001 Activities in performance of Commission's functions Heading substituted 1 January 2002 section 5 Human Rights Amendment Act 2001
7: Commission determines general nature of activities
1: Subject to the role of the Minister in the process of setting and monitoring the strategic direction and targets of the Commission under Part 4
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 determinations of the Commission. Section 7 substituted 1 January 2002 section 5 Human Rights Amendment Act 2001 Section 7(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Membership of Commission Heading inserted 1 January 2002 section 5 Human Rights Amendment Act 2001
8: Membership of Commission
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)
2: The Commissioners are the board for the purposes of the Crown Entities Act 2004
3: The Chief Commissioner holds office as chairperson of the board for the purposes of the Crown Entities Act 2004
4: Clauses 1 to 5 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 Section 8 substituted 1 January 2002 section 5 Human Rights Amendment Act 2001 Section 8(1) replaced 15 June 2016 section 7 Human Rights Amendment Act 2016 Section 8(1A) inserted 15 June 2016 section 7 Human Rights Amendment Act 2016 Section 8(1B) inserted 15 June 2016 section 7 Human Rights Amendment Act 2016 Section 8(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 8(3) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 8(4) added 25 January 2005 section 200 Crown Entities Act 2004
9: Alternate Commissioners
1: The Governor-General 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 Commissioner 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 Commissioner's successor comes into office; or
b: during the Chief Commissioner's incapacity or in respect of a particular function or activity of the Commission, as the case may be, if—
i: the Minister is satisfied that the Chief Commissioner is incapacitated by illness, absence, or other sufficient cause from performing the duties of his or her office; or
ii: the Chief Commissioner considers it is not proper or desirable that he or she should participate in the function or activity.
3: The Chief Commissioner may designate an alternate Commissioner 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 particular 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 subsection (2); or
b: the Chief Commissioner is satisfied that any other Commissioner is incapacitated by illness, absence, or other sufficient cause from performing the duties of his or her office; or
c: 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)
d: any other Commissioner considers it is not proper or desirable that he or she should participate in the function or activity of the Commission.
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 Commission while any alternate Commissioner is acting, may in any proceedings be questioned on the ground that the occasion for the alternate Commissioner's designation had not arisen or had ceased. 1977 No 49 s 7B 1985 No 23 s 2 Section 9 substituted 1 January 2002 section 5 Human Rights Amendment Act 2001 Functions of Commissioners Heading repealed 1 January 2002 section 5 Human Rights Amendment Act 2001
10: Meetings of Commission
1:
2:
3:
4:
5:
6:
7:
8: 1977 No 49 s 10 Section 10 substituted 1 January 2002 section 5 Human Rights Amendment Act 2001 Section 10(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 10(2) repealed 15 June 2016 section 8 Human Rights Amendment Act 2016 Section 10(3) repealed 15 June 2016 section 8 Human Rights Amendment Act 2016 Section 10(4) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 10(5) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 10(6) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 10(7) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 10(8) repealed 25 January 2005 section 200 Crown Entities Act 2004 Criteria for appointment Heading inserted 1 January 2002 section 5 Human Rights Amendment Act 2001
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 appointed to have among them—
a: knowledge of, or experience in,—
i: different aspects of matters likely to come before the Commission:
ii: New Zealand law, or the law of another country, or international law, on human rights:
iii: the Treaty of Waitangi
iv: current economic, employment, or social issues:
v: cultural issues and the needs and aspirations (including life experiences) of different communities of interest and population groups in New Zealand society:
b: skills in, or experience in,—
i: advocacy or public education:
ii: business, commerce, economics, industry, or financial or personnel management:
iii: community affairs:
iv: public administration, or the law relating to public administration.
1A: Subsection (1) does not limit section 29
2: Nothing in this section limits section 12 section 13 1977 No 49 s 7(3) 1985 No 23 s 3(1) Section 11 substituted 1 January 2002 section 5 Human Rights Amendment Act 2001 Section 11(1A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 11(2) amended 15 June 2016 section 9 Human Rights Amendment Act 2016 Section 11(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Complaints Division Heading repealed 1 January 2002 section 5 Human Rights Amendment Act 2001
12: Further criteria for appointment of Chief Commissioner
In recommending a person for appointment as Chief Commissioner, the Minister must have regard not only to the criteria stated in section 11
a: ability to provide leadership in relation to the performance 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):
b: ability to represent the Commission, and to create and maintain effective relationships between it and other persons or bodies:
c: knowledge of New Zealand law, the law of other countries, and international law, on human rights, and of New Zealand's obligations under international instruments on human rights:
d: appreciation of issues or trends in human rights arising in other countries or internationally, and of the relevance of those issues or trends for New Zealand:
e: ability to perform the functions stated in section 15 Section 12 substituted 1 January 2002 section 5 Human Rights Amendment Act 2001
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) section 11
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 Section 13 replaced 15 June 2016 section 10 Human Rights Amendment Act 2016 Further provisions on Commissioners and alternate Commissioners Heading repealed 1 January 2002 section 5 Human Rights Amendment Act 2001
14: Further criteria for appointment of Equal Employment Opportunities Commissioner
Section 14 repealed 15 June 2016 section 11 Human Rights Amendment Act 2016 Functions of Commissioners Heading inserted 1 January 2002 section 5 Human Rights Amendment Act 2001
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 Public Finance Act 1989 Public Service Act 2020
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. Section 15 replaced 15 June 2016 section 12 Human Rights Amendment Act 2016 Section 15(d) amended 7 August 2020 section 135 Public Service Act 2020
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) is subject to directions given by the Chief Commissioner in the exercise of his or her responsibilities under section 15(b), (c), and (d) Section 16 replaced 15 June 2016 section 13 Human Rights Amendment Act 2016
17: Functions of Equal Employment Opportunities Commissioner
Section 17 repealed 15 June 2016 section 14 Human Rights Amendment Act 2016 General manager and staff of Commission Heading inserted 1 January 2002 section 5 Human Rights Amendment Act 2001
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 determinations of the Commission under section 7
2: The general manager—
a: is responsible to the Chief Commissioner and reports to him or her; and
b: is appointed by the Chief Commissioner, in accordance with clause 1 ; and
c: is the chief executive of the Commission for the purposes of the Crown Entities Act 2004
3: Employees of the Commission are responsible to the general manager and report to him or her. Section 18 substituted 1 January 2002 section 5 Human Rights Amendment Act 2001 Section 18(2)﻿(b) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 18(2)﻿(c) added 25 January 2005 section 200 Crown Entities Act 2004 Commissioners to act independently Heading inserted 1 January 2002 section 5 Human Rights Amendment Act 2001
19: Duty to act independently
Except as expressly provided otherwise in this or another Act, the Commission must act independently in performing its statutory functions and duties, and exercising its statutory powers, under—
a: this Act; and
b: any other Act that expressly provides for the functions, powers, or duties of the Commission (other than the Crown Entities Act 2004 Section 19 substituted 25 January 2005 section 200 Crown Entities Act 2004 Office of Human Rights Proceedings Heading inserted 1 January 2002 section 5 Human Rights Amendment Act 2001
20: Office of Human Rights Proceedings
1: The Office of Human Rights Proceedings is part of the Commission and is headed by the Director of Human Rights Proceedings or his or her alternate.
2: The staff of the Office report to the Director or his or her alternate, and help him or her to exercise or perform the functions, powers, and duties of the Director under this Act.
3: In exercising or performing the functions, powers, and duties of the Director, the Director or his or her alternate and the staff of the Office must act independently from the Commission and Ministers of the Crown.
4: However, the Director or his or her alternate is responsible to the Chief Commissioner for the efficient, effective, and economical administration of the activities of the Office. Section 20 substituted 1 January 2002 section 5 Human Rights Amendment Act 2001 Director of Human Rights Proceedings Heading inserted 1 January 2002 section 5 Human Rights Amendment Act 2001
20A: Director of Human Rights Proceedings
1: The Director of Human Rights Proceedings is appointed by the Governor-General on the recommendation of the Minister.
2: The Governor-General may, on the recommendation of the Minister, appoint as alternate Director of Human Rights Proceedings a person designated for appointment as alternate Director 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 performing the duties of his or her office; or
b: the Director considers it is not proper or desirable that the Director should perform any particular duty of his or her office. 1977 No 49 s 7B 1985 No 23 s 2 Section 20A inserted 1 January 2002 section 5 Human Rights Amendment Act 2001
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:
b: skills in, or experience in, the practice of public law (including the conduct of litigation), and financial and personnel management:
c: ability to exercise or perform, and to ensure the Office of Human Rights Proceedings helps the person to exercise or perform, efficiently and effectively, the functions, powers, and duties of the Director under this Act.
2: Every person appointed as Director of Human Rights Proceedings or as his or her alternate must be a barrister or solicitor of the High Court of not less than 5 years' legal experience. 1977 No 49 s 7(3) 1985 No 23 s 3(1) Section 20B inserted 1 January 2002 section 5 Human Rights Amendment Act 2001 Appointment of Judge as Human Rights Commissioner Heading inserted 1 January 2002 section 5 Human Rights Amendment Act 2001
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 alternate Commissioner does not affect his or her tenure of judicial 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 Commissioner 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. 1977 No 49 ss 7(5A), 7A 1983 No 56 ss 4(3), 5 1985 No 23 s 3(1) Section 20C inserted 1 January 2002 section 5 Human Rights Amendment Act 2001 Provisions relating to office holders Heading inserted 1 January 2002 section 5 Human Rights Amendment Act 2001
20D: Office holders to whom sections 20E to 20G apply
1: Sections 20F 20G office holder office
a:
b:
c: Director of Human Rights Proceedings:
d: alternate Director of Human Rights Proceedings.
2:
3: 1983 No 56 s 6 1985 No 23 s 3(1) Section 20D inserted 1 January 2002 section 5 Human Rights Amendment Act 2001 Section 20D(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 20D(1)﻿(a) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 20D(1)﻿(b) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 20D(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 20D(3) repealed 25 January 2005 section 200 Crown Entities Act 2004
20E: Service in office
Section 20E repealed 25 January 2005 section 200 Crown Entities Act 2004
20F: Term of office
The office holder—
a: holds the office for the term (not longer than 5 years) the Governor-General, 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 1971 No 150 s 12(1), (2) 1977 No 49 s 8 1985 No 23 s 3(1) Section 20F inserted 1 January 2002 section 5 Human Rights Amendment Act 2001
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:
b: ceases to hold office if he or she dies:
c: ceases to hold office if he or she is, under the Insolvency Act 2006
d: may, at any time, be removed from the office by the Governor-General for incapacity affecting performance of duty, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General. 1971 No 150 s 12(3) 1977 No 49 s 9 1985 No 23 s 3(1) Section 20G inserted 1 January 2002 section 5 Human Rights Amendment Act 2001 Section 20G(c) amended 3 December 2007 section 445 Insolvency Act 2006 Administrative provisions relating to Human Rights Commission and Office of Human Rights Proceedings Heading inserted 1 January 2002 section 5 Human Rights Amendment Act 2001
20H: Administrative provisions set out in Schedules 1 and 2
1: Schedule 1
2: Schedule 2 Section 20H inserted 1 January 2002 section 5 Human Rights Amendment Act 2001
1A: Discrimination by Government, related persons and bodies, or persons or bodies acting with legal authority
Part 1A inserted 1 January 2002 section 6 Human Rights Amendment Act 2001
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 section 3 Section 20I inserted 1 January 2002 section 6 Human Rights Amendment Act 2001
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
a: the legislative, executive, or judicial branch of the Government of New Zealand; or
b: a 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.
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 66
3: If this Part applies in relation to an act or omission, Part 2
4: Nothing in this Part affects the New Zealand Bill of Rights Act 1990 Section 20J inserted 1 January 2002 section 6 Human Rights Amendment Act 2001
20K: Purposes for which section 20L applies
Section 20L
a: any inquiry undertaken by the Commission under section 5(2)﻿(h)
b: the assessment, consideration, mediation, or determination of a complaint under Part 3
c: any determination made by the Director under Part 3
d: 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 Tribunal:
e: any determination made by any court or tribunal in proceedings brought under this Act by the Commission:
f: any other process or proceedings commenced or conducted under Part 3
g: any related matter. Section 20K inserted 1 January 2002 section 6 Human Rights Amendment Act 2001
20L: Acts or omissions in breach of this Part
1: An act or omission in relation to which this Part applies (including an enactment) is in breach of this Part if it is inconsistent with section 19
2: For the purposes of subsection (1), an act or omission is inconsistent with section 19
a: limits the right to freedom from discrimination affirmed by that section; and
b: is not, under section 5
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. Section 20L inserted 1 January 2002 section 6 Human Rights Amendment Act 2001
2: Unlawful discrimination
Application of Part to persons and bodies referred to in section 3 of New Zealand Bill of Rights Act 1990 Heading inserted 1 January 2002 section 7 Human Rights Amendment Act 2001
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 61 to 64 sexual harassment, adverse treatment in employment of people affected by family 66
b: sections 65 67 to 74
2: The persons and bodies referred to in subsection (1) are the ones referred to in section 3
a: the legislative, executive, and judicial branches of the Government of New Zealand; and
b: 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. Section 21A inserted 1 January 2002 section 7 Human Rights Amendment Act 2001 Section 21A(1)﻿(a) amended 1 July 2019 section 259(1) Family Violence Act 2018 Section 21A(1)﻿(a) amended 1 April 2019 section 38 Domestic Violence—Victims' Protection Act 2018 Acts or omissions authorised or required by law Heading inserted 1 January 2002 section 7 Human Rights Amendment Act 2001
21B: Relationship between this Part and other law
1: To avoid doubt, an act or omission of any person or body is not unlawful under this Part if that act or omission is authorised or required by an enactment or otherwise by law.
2: Nothing in this Part affects the New Zealand Bill of Rights Act 1990 Section 21B inserted 1 January 2002 section 7 Human Rights Amendment Act 2001 Prohibited grounds of discrimination Heading inserted 1 January 2002 section 7 Human Rights Amendment Act 2001
21: Prohibited grounds of discrimination
1: For the purposes of this Act, the prohibited grounds of discrimination
a: sex, which includes pregnancy and childbirth:
b: marital status, which means being—
i: single; or
ii: married, in a civil union, or in a de facto relationship; or
iii: the surviving spouse of a marriage or the surviving partner of a civil union or de facto relationship; or
iv: separated from a spouse or civil union partner; or
v: a party to a marriage or civil union that is now dissolved, or to a de facto relationship that is now ended:
c: religious belief:
d: ethical belief, which means the lack of a religious belief, whether in respect of a particular religion or religions or all religions:
e: colour:
f: race:
g: ethnic or national origins, which includes nationality or citizenship:
h: disability, which means—
i: physical disability or impairment:
ii: physical illness:
iii: psychiatric illness:
iv: intellectual or psychological disability or impairment:
v: any other loss or abnormality of psychological, physiological, or anatomical structure or function:
vi: reliance on a disability assist dog
vii: the presence in the body of organisms capable of causing illness:
i: age, which means,—
i: for the purposes of sections 22 to 41 section 70 under section 7 New Zealand Superannuation and Retirement Income Act 2001
ii: for the purposes of sections 22 to 41 section 70
iii: for the purposes of any other provision of Part 2
j: political opinion, which includes the lack of a particular political opinion or any political opinion:
k: employment status, which means—
i: being unemployed; or
ii: being a recipient of a benefit as defined in Schedule 2 the Accident Compensation Act 2001
l: family status, which means—
i: having the responsibility for part-time care or full-time care of children or other dependants; or
ii: having no responsibility for the care of children or other dependants; or
iii: being married to, or being in a civil union or de facto relationship
iv: being a relative of a particular person:
m: sexual orientation, which means a heterosexual, homosexual, lesbian, or bisexual orientation.
2: Each of the grounds specified in subsection (1) is a prohibited ground of discrimination, for the purposes of this Act, if—
a: it pertains to a person or to a relative or associate of a person; and
b: it either—
i: currently exists or has in the past existed; or
ii: is suspected or assumed or believed to exist or to have existed by the person alleged to have discriminated. Section 21(1)﻿(b) substituted 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 21(1)﻿(h)﻿(vi) amended 10 May 2022 section 5 Human Rights (Disability Assist Dogs Non-Discrimination) Amendment Act 2022 Section 21(1)﻿(i)﻿(i) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 21(1)﻿(i)﻿(i) amended 12 October 2001 section 77 New Zealand Superannuation Act 2001 Section 21(1)﻿(k)﻿(ii) substituted 1 July 1999 Accident Insurance Act 1998 Section 21(1)﻿(k)﻿(ii) amended 26 November 2018 section 459 Social Security Act 2018 Section 21(1)﻿(k)﻿(ii) amended 3 March 2010 section 5(1)﻿(b) Accident Compensation Amendment Act 2010 Section 21(1)﻿(l)﻿(iii) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Discrimination in employment matters
22: Employment
1: Where an applicant for employment or an employee is qualified for work of any description, it shall be unlawful for an employer, or any person acting or purporting to act on behalf of an employer,—
a: to refuse or omit to employ the applicant on work of that description which is available; or
b: to offer or afford the applicant or the employee less favourable terms of employment, conditions of work, superannuation or other fringe benefits, and opportunities for training, promotion, and transfer than are made available to applicants or employees of the same or substantially similar capabilities employed in the same or substantially similar circumstances on work of that description; or
c: to terminate the employment of the employee, or subject the employee to any detriment, in circumstances in which the employment of other employees employed on work of that description would not be terminated, or in which other employees employed on work of that description would not be subjected to such detriment; or
d: to retire the employee, or to require or cause the employee to retire or resign,— by reason of any of the prohibited grounds of discrimination.
2: It shall be unlawful for any person concerned with procuring employment for other persons or procuring employees for any employer to treat any person seeking employment differently from other persons in the same or substantially similar circumstances by reason of any of the prohibited grounds of discrimination. 1977 No 49 s 15(1), (2) 1992 No 16 s 3
23: Particulars of applicants for employment
It shall be unlawful for any person to use or circulate any form of application for employment or to make any inquiry of or about any applicant for employment which indicates, or could reasonably be understood as indicating, an intention to commit a breach of section 22 1977 No 49 s 18 1992 No 16 s 7 Exceptions in relation to employment matters
24: Exception in relation to crews of ships and aircraft
Nothing in section 22 1977 No 49 s 15(8)
25: Exception in relation to work involving national security
1: Nothing in section 22
a: by reference to his or her—
i: religious or ethical belief; or
ii: political opinion; or
iii: disability, within the meaning of section 21(1)﻿(h)﻿(iii) section 21(1)﻿(h)﻿(iv)
iv: family status, within the meaning of section 21(1)﻿(l)﻿(iii) section 21(1)﻿(l)﻿(iv)
v: national origin; or
b: by reference to the national origin of any relative of that person.
2: It shall not be a breach of section 22 1977 No 49 s 15(10)
26: Exception in relation to work performed outside New Zealand
Nothing in section 22
a: are to be performed wholly or mainly outside New Zealand; and
b: are such that, because of the laws, customs, or practices of the country in which those duties are to be performed, they are ordinarily carried out only by a person who is of a particular sex or religious or ethical belief, or who is in a particular age group. 1977 No 49 ss 15(9), 15A(1)﻿(b) 1992 No 16 s 4
27: Exceptions in relation to authenticity and privacy
1: Nothing in section 22
2: Nothing in section 22
3: Nothing in section 22
a: the position needs to be held by one sex to preserve reasonable standards of privacy; or
b: the nature or location of the employment makes it impracticable for the employee to live elsewhere than in premises provided by the employer, and—
i: the only premises available (being premises in which more than 1 employee is required to sleep) are not equipped with separate sleeping accommodation for each sex; and
ii: it is not reasonable to expect the employer to equip those premises with separate accommodation, or to provide separate premises, for each sex.
4: Nothing in section 22
5: Where, as a term or condition of employment, a position ordinarily obliges or qualifies the holder of that position to live in premises provided by the employer, the employer does not commit a breach of section 22 1977 No 49 ss 15(3), 15A(1)﻿(a) 1992 No 16 s 4
28: Exceptions for purposes of religion
1: Nothing in section 22
2: Nothing in section 22
a: that treatment is accorded under clause 47
b: the sole or principal duties of the position (not being a position to which clause 47
i: are, or are substantially the same as, those of a clergyman, priest, pastor, official, or teacher among adherents of that belief or otherwise involve the propagation of that belief; or
ii: are those of a teacher in a private school; or
iii: consist of acting as a social worker on behalf of an organisation whose members comprise solely or principally adherents of that belief.
3: Where a religious or ethical belief requires its adherents to follow a particular practice, an employer must accommodate the practice so long as any adjustment of the employer's activities required to accommodate the practice does not unreasonably disrupt the employer's activities. 1977 No 49 s 15(6), (7) Section 28(2)﻿(a) amended 1 August 2020 section 668 Education and Training Act 2020 Section 28(2)﻿(b) amended 1 August 2020 section 668 Education and Training Act 2020
29: Further exceptions in relation to disability
1: Nothing in section 22
a: the position is such that the person could perform the duties of the position satisfactorily only with the aid of special services or facilities and it is not reasonable to expect the employer to provide those services or facilities; or
b: the environment in which the duties of the position are to be performed or the nature of those duties, or of some of them, is such that the person could perform those duties only with a risk of harm to that person or to others, including the risk of infecting others with an illness, and it is not reasonable to take that risk.
2: Nothing in subsection (1)﻿(b) shall apply if the employer could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.
3: Nothing in section 22
a: any special limitations that the disability of a person imposes on his or her capacity to carry out the work; and
b: any special services or facilities that are provided to enable or facilitate the carrying out of the work.
30: Further exceptions in relation to age
1: Nothing in section 22(1)﻿(a) section 22(1)﻿(d)
2: Nothing in section 22(1)﻿(b)
3: Nothing in section 22(1)﻿(a) 1977 No 49 s 15A(2)–(4) 1992 No 16 s 4
30A: Exception in relation to employment-related retirement benefits
1: Nothing in section 22(1)﻿(b)
a: the employee's entitlement to that benefit ( the retirement benefit
b: the retirement benefit is a term of a written employment contract that was in force on or before 1 February 1999; and
c: the employee was, on or before 1 February 1999, a party to that employment contract.
2: If a retirement benefit was a term of an employee's written employment contract on 1 February 1999, subsection (1) continues to apply in relation to the payment of that retirement benefit even if either or both of the following things occur after that date:
a: the employee and the employer enter into a new written employment contract or employment agreement
b: a different person becomes the employee's employer as a result of a merger, takeover, restructuring, or reorganisation, but the employee remains entitled to that retirement benefit by virtue of any enactment or agreement.
3: This section does not limit section 149 Section 30A inserted 1 October 1999 section 2 Human Rights Amendment Act 1999 Section 30A(2)﻿(a) amended 2 October 2000 section 240 Employment Relations Act 2000
31: Exception in relation to employment of a political nature
Nothing in section 22
a: a political adviser or secretary to a member of Parliament; or
b: a political adviser to a member of a local authority; or
c: a political adviser to a candidate seeking election to the House of Representatives or to a local authority within the meaning of the Local Electoral Act 2001
d: a member of the staff of a political party. Section 31(c) amended 1 July 2001 section 151 Local Electoral Act 2001
32: Exception in relation to family status
Nothing in section 22
a: on the employment of any person who is married to, or in a civil union or in a de facto relationship
i: there would be a reporting relationship between them; or
ii: there is a risk of collusion between them to the detriment of the employer; or
b: on the employment of any person who is married to, or in a civil union or in a de facto relationship Section 32(a) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 32(b) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005
33: Armed forces
Section 33 repealed 5 May 2007 section 5 Human Rights (Women in Armed Forces) Amendment Act 2007
34: Regular forces
1: Nothing in section 22(1)﻿(c) section 22(1)﻿(d) section 57A
2: Section 34 heading amended 1 October 2008 section 130(1) Policing Act 2008 Section 34(2) repealed 1 October 2008 section 130(1) Policing Act 2008
35: General qualification on exceptions
No employer shall be entitled, by virtue of any of the exceptions in this Part, to accord to any person in respect of any position different treatment based on a prohibited ground of discrimination even though some of the duties of that position would fall within any of those exceptions if, with some adjustment of the activities of the employer (not being an adjustment involving unreasonable disruption of the activities of the employer), some other employee could carry out those particular duties. 1977 No 49 s 15(4) Discrimination in partnerships
36: Partnerships
1: It shall be unlawful for a firm, or for persons jointly promoting the formation of a firm,—
a: to refuse or to omit to offer a person admission to the firm as a partner; or
b: to offer or afford a person less favourable terms and conditions as a partner than are made available to other members or prospective members of the firm,— by reason of any of the prohibited grounds of discrimination.
2: It shall be unlawful for a firm—
a: to deny any partner increased status in the firm or an increased share in the capital or profits of the firm; or
b: to expel any partner from the firm or to subject any partner to any other detriment,— by reason of any of the prohibited grounds of discrimination.
2A: It is unlawful for a firm, or for persons jointly promoting the formation of a firm, to fail to provide special services or facilities that could reasonably be provided by the firm, or those persons, in the circumstances and that, if provided, would enable a person with a disability—
a: to be accepted as a partner and remain in partnership; or
b: to be offered the same terms and conditions as a partner (including terms and conditions as to status in the firm or entitlements to shares in capital or profits) that are made available to other members or prospective members of the firm.
3: Nothing in this section prevents the fixing of reasonable terms and conditions in relation to a partner or prospective partner, who by reason of disability or age—
a: has a restricted capacity to participate or continue to participate in the partnership, that cannot be restored to normal by the provision of any special services or facilities required to be provided under subsection (2A); or
b: requires special conditions if he or she is to participate or continue to participate in the partnership, even if any special services or facilities required to be provided under subsection (2A) are provided.
4: Nothing in this section applies in respect of a person with a disability, if the disability of the person is such that—
a: there would be a risk of harm to that person or others, including the risk of infecting others with an illness if that person were to accept or remain in partnership or be given the same terms and conditions as a partner (including terms and conditions as to status in the firm or entitlement to shares in capital or profits) that were made available to other members or prospective members of the firm; and
b: it is not reasonable to take that risk.
5: Subsection (4) does not apply if the firm, or persons jointly promoting the formation of a firm, could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level. 1977 No 49 s 19 1992 No 16 s 8 Section 36(2A) inserted 10 September 2008 section 4(1) Human Rights Amendment Act 2008 Section 36(3) substituted 10 September 2008 section 4(2) Human Rights Amendment Act 2008 Section 36(4) added 10 September 2008 section 4(2) Human Rights Amendment Act 2008 Section 36(5) added 10 September 2008 section 4(2) Human Rights Amendment Act 2008 Discrimination by industrial and professional associations, qualifying bodies, and vocational training bodies
37: Organisations of employees or employers and professional and trade associations
1: It shall be unlawful for an organisation to which this section applies, or for any person acting or purporting to act on behalf of any such organisation,—
a: to refuse or omit to accept any person for membership; or
b: to offer any person less favourable terms of membership and less favourable access to any benefits, facilities, or services, including the right to stand for election and hold office in the organisation, than would otherwise be made available; or
c: to deprive a person of membership, or suspend him or her, in circumstances in which other persons would not be deprived of membership or suspended,— by reason of any of the prohibited grounds of discrimination.
1A: It is unlawful for an organisation to which this section applies, or for any person acting or purporting to act on behalf of any such organisation, to fail to provide special services or facilities that could reasonably be provided by the organisation in the circumstances and that, if provided, would enable a person with a disability to—
a: be accepted and remain in membership; or
b: be given equal access to benefits, facilities, or services provided by the organisation (including the right to stand for election and hold office).
2: Nothing in this section shall prevent an organisation to which this section applies from charging different fees to persons in different age groups.
2A: Nothing in this section applies in respect of a person with a disability, if the disability of the person is such that—
a: there would be a risk of harm to that person or others, including the risk of infecting others with an illness if that person were to accept or remain in membership or be given equal access to benefits, facilities, or services provided by the organisation (including the right to stand for election and hold office); and
b: it is not reasonable to take that risk.
2B: Subsection (2A) does not apply if the organisation could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.
3: This section applies to an organisation of employees, an organisation of employers, or any other organisation that exists for the purposes of members who carry on a particular profession, trade, or calling. 1977 No 49 s 20 1992 No 16 s 9 Section 37(1A) inserted 10 September 2008 section 5(1) Human Rights Amendment Act 2008 Section 37(2A) inserted 10 September 2008 section 5(2) Human Rights Amendment Act 2008 Section 37(2B) inserted 10 September 2008 section 5(2) Human Rights Amendment Act 2008
38: Qualifying bodies
1: It shall be unlawful for an authority or body empowered to confer an approval, authorisation, or qualification that is needed for, or facilitates, engagement in a profession, trade, or calling, or any person acting or purporting to act on behalf of any such authority or body,—
a: to refuse or omit to confer that approval, authorisation, or qualification on a person; or
b: to confer that approval, authorisation, or qualification on less favourable terms and conditions than would otherwise be made available; or
c: to withdraw that approval, authorisation, or qualification or vary the terms on which it is held, in circumstances in which it would not otherwise be withdrawn or varied,— by reason of any of the prohibited grounds of discrimination.
2: For the purposes of this section, confer 1977 No 49 s 21(1), (3) 1992 No 16 s 10(1)
39: Exceptions in relation to qualifying bodies
1: Nothing in section 38
2: Nothing in section 38
a: the person seeking or holding the approval, authorisation, or qualification is not, by reason of that person's disability, able to perform the duties required of a person who holds the approval, authorisation, or qualification; or
b: the environment in which the duties required of a person who holds the approval, authorisation, or qualification are to be performed or the nature of those duties, or of some of them, are such that, if that approval, authorisation, or qualification were granted to or retained by the person with a disability, there would be a risk of harm to that person or others, including the risk of infecting others with an illness, and it is not reasonable to take that risk; or
c: conditions placed on the granting of the approval, authorisation, or qualification to any person or on the retention of the approval, authorisation, or qualification by any person are reasonably related to the disability of that person.
2A: For the purposes of applying subsection (2)﻿(a) and (b), an authority or body referred to in section 38
a: in the case of subsection (2)﻿(a), take account of whether a disabled person could perform the required duties if he or she was provided with special services or facilities that could reasonably be provided by an employer or by any other relevant person:
b: in the case of subsection (2)﻿(b), take account of whether the risk of harm referred to in that paragraph could be reduced to a normal level, without unreasonable disruption to an employer or to any other relevant person.
3: Nothing in section 38
a: the authority or body imposes a reasonable and appropriate minimum age under which the approval, authorisation, or qualification will not be conferred; or
b: the authority or body imposes reasonable and appropriate terms and conditions on the grant or retention of the approval, authorisation, or qualification by reason of the age of the person seeking or holding it. 1977 No 49 s 21(2), (2A) 1992 No 16 s 10(2) Section 39(2A) inserted 10 September 2008 section 6 Human Rights Amendment Act 2008
40: Vocational training bodies
It shall be unlawful for any organisation or association which has as its function or one of its principal functions the provision of training, or facilities or opportunities for training (including facilities or opportunities by way of financial grants), that would help to fit a person for any employment, or for any person acting or purporting to act on behalf of any such organisation or association,—
a: to refuse or omit to provide training, or facilities or opportunities for training; or
b: to provide training, or facilities or opportunities for training, on less favourable terms and conditions than would otherwise be made available; or
c: to terminate training, or facilities or opportunities for training,— by reason of any of the prohibited grounds of discrimination. 1977 No 49 s 22(1) 1992 No 16 s 11(1)
41: Exceptions in relation to vocational training bodies
1: Nothing in section 40
2: Subject to subsection (3), nothing in section 40
3: Nothing in subsection (2) shall apply if the organisation or association providing training, or facilities or opportunities for training, could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.
4: Nothing in section 40
5: Nothing in section 40
6: Nothing in section 40
7: Nothing in section 40
8: In subsection (7), a specified purpose
a: to enable a person with a disability to undergo and remain in training; or
b: to provide a person with a disability with facilities or opportunities for training; or
c: to provide a person with a disability with facilities or opportunities for training on no less favourable terms and conditions than would otherwise be made available. 1977 No 49 s 22(3), (4), (5), (6) 1992 No 16 s 11(3) Section 41(7) added 10 September 2008 section 7 Human Rights Amendment Act 2008 Section 41(8) added 10 September 2008 section 7 Human Rights Amendment Act 2008 Discrimination in access to places, vehicles, and facilities
42: Access by the public to places, vehicles, and facilities
1: It shall be unlawful for any person—
a: to refuse to allow any other person access to or use of any place or vehicle which members of the public are entitled or allowed to enter or use; or
b: to refuse any other person the use of any facilities in that place or vehicle which are available to members of the public; or
c: to require any other person to leave or cease to use that place or vehicle or those facilities,— by reason of any of the prohibited grounds of discrimination.
2: In this section, the term vehicle 1977 No 49 s 23(1), (3)
43: Exceptions in relation to access by the public to places, vehicles, and facilities
1: Section 42
2: Nothing in section 42
3: Nothing in subsection (2) limits section 118
4: Subject to subsection (5), nothing in section 42
5: Subsection (4) shall not apply if the person in charge of the place, vehicle, or facility could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level. 1977 No 49 s 23(2) Section 43(3) substituted 1 January 2002 section 8 Human Rights Amendment Act 2001 Section 43(3) amended 31 March 2005 section 414 Building Act 2004 Discrimination in provision of goods and services
44: Provision of goods and services
1: It shall be unlawful for any person who supplies goods, facilities, or services to the public or to any section of the public—
a: to refuse or fail on demand to provide any other person with those goods, facilities, or services; or
b: to treat any other person less favourably in connection with the provision of those goods, facilities, or services than would otherwise be the case,— by reason of any of the prohibited grounds of discrimination.
2: For the purposes of subsection (1), but without limiting the meaning of the terms goods, facilities, and services in that subsection, the term facilities
3: Where any club, or any branch or affiliate of any club, that grants privileges to members of any other club, branch, or affiliate refuses or fails on demand to provide those privileges to any of those members, or treats any of those members less favourably in connection with the provision of those privileges than would otherwise be the case, by reason of any of the prohibited grounds of discrimination, that club, branch, or affiliate shall be deemed to have committed a breach of this section.
4: Subject to subsection (3), nothing in this section shall apply to access to membership of a club or to the provision of services or facilities to members of a club. 1977 No 49 s 24(1)–(3)
45: Exception in relation to courses and counselling
Nothing in section 44
46: Exception in relation to public decency or safety
Section 44 1977 No 49 s 24(4)
47: Exception in relation to skill
Where the nature of a skill varies according to whether it is exercised in relation to men or women, a person does not commit a breach of section 44 1977 No 49 s 24(5)
48: Exception in relation to insurance
1: It shall not be a breach of section 44
a: is based on—
i: actuarial or statistical data, upon which it is reasonable to rely, relating to life-expectancy, accidents, or sickness; or
ii: where no such data is available in respect of persons with a disability, reputable medical or actuarial advice or opinion, upon which it is reasonable to rely, whether or not contained in an underwriting manual; and
b: is reasonable having regard to the applicability of the data or advice or opinion, and of any other relevant factors, to the particular circumstances.
2: In assessing, for the purposes of this section, whether it is reasonable to rely on any data or advice or opinion, and whether different treatment is reasonable, the Commission or the Complaints Division may—
a: require justification to be provided for reliance on the data or advice or opinion and for the different treatment; and
b: request the views of an actuary 1977 No 49 s 24(6) Section 48(2)﻿(b) amended 1 May 2011 section 82 Financial Markets Authority Act 2011
49: Exception in relation to sport
1: Subject to subsection (2), nothing in section 44
2: Subsection (1) does not apply in relation to the exclusion of persons from participation in—
a: the coaching of persons engaged in any sporting activity; or
b: the umpiring or refereeing of any sporting activity; or
c: the administration of any sporting activity; or
d: sporting activities by persons who have not attained the age of 12 years.
3: It shall not be a breach of section 44
4: It shall not be a breach of section 44
50: Exception in relation to travel services
It shall not be a breach of section 44
51: Exception in relation to reduced charges
It shall not be a breach of section 44
52: Exception in relation to disability
It shall not be a breach of section 44
a: to refuse to provide those facilities or services to any person if—
i: that person's disability requires those facilities or services to be provided in a special manner; and
ii: the person who supplies the facilities or services cannot reasonably be expected to provide them in that special manner; or
b: to provide those facilities or services to any person on terms that are more onerous than those on which they are made available to other persons, if—
i: that person's disability requires those facilities or services to be provided in a special manner; and
ii: the person who supplies the facilities or services cannot reasonably be expected to provide them without requiring more onerous terms. Equal Opportunity Act 1984 s 29(2) (Vic) Discrimination in provision of land, housing, and other accommodation
53: Land, housing, and other accommodation
1: It shall be unlawful for any person, on his or her own behalf or on behalf or purported behalf of any principal,—
a: to refuse or fail to dispose of any estate or interest in land or any residential or business accommodation to any other person; or
b: to dispose of such an estate or interest or such accommodation to any person on less favourable terms and conditions than are or would be offered to other persons; or
c: to treat any person who is seeking to acquire or has acquired such an estate or interest or such accommodation differently from other persons in the same circumstances; or
d: to deny any person, directly or indirectly, the right to occupy any land or any residential or business accommodation; or
e: to terminate any estate or interest in land or the right of any person to occupy any land or any residential or business accommodation,— by reason of any of the prohibited grounds of discrimination.
2: It shall be unlawful for any person, on his or her own behalf or on behalf or purported behalf of any principal, to impose or seek to impose on any other person any term or condition which limits, by reference to any of the prohibited grounds of discrimination, the persons or class of persons who may be the licensees or invitees of the occupier of any land or any residential or business accommodation. 1977 No 49 s 25(1), (2)
54: Exception in relation to shared residential accommodation
Nothing in section 53 1977 No 49 s 25(4)
55: Exception in relation to hostels, institutions, etc
Nothing in section 53 1977 No 49 s 25(3)
56: Further exception in relation to disability
1: Subject to subsection (2), nothing in section 53
2: Subsection (1) shall not apply if the person in charge of the accommodation could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.
3: Nothing in section 53 Section 56(3) added 10 September 2008 section 8 Human Rights Amendment Act 2008 Discrimination in access to educational establishments
57: Educational establishments
1: It shall be unlawful for an educational establishment, or the authority responsible for the control of an educational establishment, or any person concerned in the management of an educational establishment or in teaching at an educational establishment,—
a: to refuse or fail to admit a person as a pupil or student; or
b: to admit a person as a pupil or a student on less favourable terms and conditions than would otherwise be made available; or
c: to deny or restrict access to any benefits or services provided by the establishment; or
d: to exclude a person as a pupil or a student or subject him or her to any other detriment,— by reason of any of the prohibited grounds of discrimination.
2: In this section, educational establishment section 40 1977 No 49 s 26(1), (3)
58: Exceptions in relation to establishments for particular groups
1: An educational establishment maintained wholly or principally for students of one sex, race, or religious belief, or for students with a particular disability, or for students in a particular age group, or the authority responsible for the control of any such establishment, does not commit a breach of section 57
2: Nothing in section 57
3: Nothing in section 57
4: Nothing in section 57
5: Nothing in section 57 1977 No 49 s 26(2)
59: Exception in relation to courses and counselling
Nothing in section 57
60: Further exceptions in relation to disability
1: Nothing in section 57 applies an establishment referred to in that section
2: Subject to subsection (3), nothing in section 57
3: Nothing in subsection (2) shall apply if the person in charge of the educational establishment could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level. Equal Opportunity Act 1984 s 28(5) (Vic) Section 60(1) amended 10 September 2008 section 9(a) Human Rights Amendment Act 2008 Section 60(1) amended 10 September 2008 section 9(b) Human Rights Amendment Act 2008 Other forms of discrimination
61: Racial disharmony
1: It shall be unlawful for any person—
a: to publish or distribute written matter which is threatening, abusive, or insulting, or to broadcast by means of radio or television or other electronic communication
b: to use in any public place as defined in section 2(1)
c: to use in any place words which are threatening, abusive, or insulting if the person using the words knew or ought to have known that the words were reasonably likely to be published in a newspaper, magazine, or periodical or broadcast by means of radio or television,— being matter or words likely to excite hostility against or bring into contempt any group of persons in or who may be coming to New Zealand on the ground of the colour, race, or ethnic or national origins of that group of persons.
2: It shall not be a breach of subsection (1) to publish in a newspaper, magazine, or periodical or broadcast by means of radio or television or other electronic communication
3: For the purposes of this section,— newspaper publishes distributes written matter 1971 No 150 s 9A; 1977 No 49 s 86; 1989 No 127 s 2 Section 61(1)﻿(a) amended 3 July 2015 section 36(1) Harmful Digital Communications Act 2015 Section 61(2) amended 3 July 2015 section 36(2) Harmful Digital Communications Act 2015
62: Sexual harassment
1: It shall be unlawful for any person (in the course of that person's involvement in any of the areas to which this subsection is applied by subsection (3)) to make a request of any other person for sexual intercourse, sexual contact, or other form of sexual activity which contains an implied or overt promise of preferential treatment or an implied or overt threat of detrimental treatment.
2: It shall be unlawful for any person (in the course of that person's involvement in any of the areas to which this subsection is applied by subsection (3)) by the use of language (whether written or spoken) of a sexual nature, or of visual material of a sexual nature, or by physical behaviour of a sexual nature, to subject any other person to behaviour that—
a: is unwelcome or offensive to that person (whether or not that is conveyed to the first-mentioned person); and
b: is either repeated, or of such a significant nature, that it has a detrimental effect on that person in respect of any of the areas to which this subsection is applied by subsection (3).
3: The areas to which subsections (1) and (2) apply are—
a: the making of an application for employment:
b: employment, which term includes unpaid work:
c: participation in, or the making of an application for participation in, a partnership:
d: membership, or the making of an application for membership, of an industrial union or professional or trade association:
e: access to any approval, authorisation, or qualification:
f: vocational training, or the making of an application for vocational training:
g: access to places, vehicles, and facilities:
h: access to goods and services:
i: access to land, housing, or other accommodation:
j: education:
k: participation in fora for the exchange of ideas and information.
4: Where a person complains of sexual harassment, no account shall be taken of any evidence of the person's sexual experience or reputation. Section 62(3)﻿(k) inserted 3 July 2015 section 37 Harmful Digital Communications Act 2015
62A: Adverse treatment in employment of people affected by
family
1: It is unlawful for a person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (2)) to treat adversely any other person, or to make an implied or overt threat to treat adversely any other person, on the ground that the other person is, or is suspected or assumed or believed to be, a person affected by family
2: The areas to which subsection (1) applies are—
a: the making of an application for employment:
b: employment, which term includes unpaid work.
3: In this section, an employer treats adversely
a: dismisses that employee, in circumstances in which other employees employed by that employer on work of that description are not or would not be dismissed or subjected to such detriment; or
b: refuses or omits to offer or afford to that employee the same terms of employment, conditions of work, fringe benefits, or opportunities for training, promotion, and transfer as are made available for other employees of the same or substantially the same qualifications, experience, or skills employed in the same or substantially similar circumstances; or
c: subjects that employee to any detriment, in circumstances in which other employees employed by that employer on work of that description are not or would not be subjected to such detriment; or
d: retires that employee, or requires or causes that employee to retire or resign.
4: For the purposes of this section,— child section 8 family violence section 9 person affected by family violence
a: a person against whom any other person is inflicting, or has inflicted, family violence:
b: a person with whom there ordinarily or periodically resides a child against whom any other person is inflicting, or has inflicted, family violence.
5: Subsection (1) applies regardless of how long ago the family family Section 62A inserted 1 April 2019 section 39 Domestic Violence—Victims' Protection Act 2018 Section 62A heading amended 1 July 2019 section 259(1) Family Violence Act 2018 Section 62A(1) amended 1 July 2019 section 259(1) Family Violence Act 2018 Section 62A(4) replaced 1 July 2019 section 259(1) Family Violence Act 2018 Section 62A(5) amended 1 July 2019 section 259(1) Family Violence Act 2018
63: Racial harassment
1: It shall be unlawful for any person to use language (whether written or spoken), or visual material, or physical behaviour that—
a: expresses hostility against, or brings into contempt or ridicule, any other person on the ground of the colour, race, or ethnic or national origins of that person; and
b: is hurtful or offensive to that other person (whether or not that is conveyed to the first-mentioned person); and
c: is either repeated, or of such a significant nature, that it has a detrimental effect on that other person in respect of any of the areas to which this subsection is applied by subsection (2).
2: The areas to which subsection (1) applies are—
a: the making of an application for employment:
b: employment, which term includes unpaid work:
c: participation in, or the making of an application for participation in, a partnership:
d: membership, or the making of an application for membership, of an industrial union or professional or trade association:
e: access to any approval, authorisation, or qualification:
f: vocational training, or the making of an application for vocational training:
g: access to places, vehicles, and facilities:
h: access to goods and services:
i: access to land, housing, or other accommodation:
j: education:
k: participation in fora for the exchange of ideas and information. Section 63(2)﻿(k) inserted 3 July 2015 section 38 Harmful Digital Communications Act 2015
63A: Conversion practices
1: It is unlawful for any person to—
a: perform a conversion practice on any other person; or
b: arrange for a conversion practice to be performed on any other person.
2: In this section, conversion practice section 5 Section 63A inserted 18 August 2022 section 15 Conversion Practices Prohibition Legislation Act 2022
64: Choice of procedures
Section 64 repealed 1 December 2004 section 3 Human Rights Amendment Act 2004
65: Indirect discrimination
Where any conduct, practice, requirement, or condition that is not apparently in contravention of any provision of this Part has the effect of treating a person or group of persons differently on 1 of the prohibited grounds of discrimination in a situation where such treatment would be unlawful under any provision of this Part other than this section, that conduct, practice, condition, or requirement shall be unlawful under that provision unless the person whose conduct or practice is in issue, or who imposes the condition or requirement, establishes good reason for it. 1977 No 49 s 27 1992 No 16 s 12
66: Victimisation of whistleblower or person making use of rights prohibited
1: It is unlawful for any person ( A B
a: B (or a relative or associate of B)—
i: intends to make, or has made, use of their rights under this Act; or
ii: has encouraged another person to make use of their rights, or has promoted the rights of another person, under this Act; or
iii: has given information in support of, or relating to, any complaint, investigation, or proceeding under this Act; or
iv: has declined to do an act that would contravene this Act; or
v: has otherwise done anything under or by reference to this Act; or
b: A believes or suspects that B (or a relative or associate of B) intends to do, or has done, anything mentioned in paragraph (a).
2: Subsection (1) does not apply if B knowingly made a false allegation or otherwise acted in bad faith.
3: Any breach of section 22(1) section 68 Section 66 replaced 1 July 2022 section 40 Protected Disclosures (Protection of Whistleblowers) Act 2022
67: Advertisements
1: It shall be unlawful for any person to publish or display, or to cause or allow to be published or displayed, any advertisement or notice which indicates, or could reasonably be understood as indicating, an intention to commit a breach of any of the provisions of this Part.
2: For the purposes of subsection (1), use of a job description with a gender connotation (such as postman or stewardess) shall be taken to indicate an intention to discriminate, unless the advertisement contains an indication to the contrary. 1971 No 150 s 7 1977 No 49 s 32
68: Liability of employer and principals
1: Subject to subsection (3), anything done or omitted by a person as the employee of another person shall, for the purposes of this Part, be treated as done or omitted by that other person as well as by the first-mentioned person, whether or not it was done with that other person's knowledge or approval.
2: Anything done or omitted by a person as the agent of another person shall, for the purposes of this Part, be treated as done or omitted by that other person as well as by the first-mentioned person, unless it is done or omitted without that other person's express or implied authority, precedent or subsequent.
3: In proceedings under this Act against any person in respect of an act alleged to have been done by an employee of that person, it shall be a defence for that person to prove that he or she took such steps as were reasonably practicable to prevent the employee from doing that act, or from doing as an employee of that person acts of that description. 1977 No 49 s 33
69: Further provision in relation to sexual or racial harassment in employment
1: Where—
a: a request of the kind described in section 62(1)
b: an employee is subjected to behaviour of the kind described in section 62(2) section 63 by a person who is a customer or a client of the employee's employer, the employee may make a complaint in writing about that request or behaviour to the employee's employer.
2: The employer, on receiving a complaint under subsection (1),—
a: shall inquire into the facts; and
b: if satisfied that such a request was made or that such behaviour took place,— shall take whatever steps are practicable to prevent any repetition of such a request or of such behaviour.
3: Where any person, being a person in relation to whom an employee has made a complaint under subsection (1),—
a: either—
i: makes to that employee after the complaint a request of the kind described in section 62(1)
ii: subjects that employee after the complaint to behaviour of the kind described in section 62(2) section 63
b: the employer of that employee has not taken whatever steps are practicable to prevent the repetition of such a request or such behaviour,— that employer shall be deemed to have committed a breach of this Act and the provisions of this Act shall apply accordingly. Special provisions relating to superannuation schemes
70: Superannuation schemes
1: Subject to subsection (3), nothing in section 22 section 44 1 January 1996
2: It shall continue to be lawful for the provisions of a superannuation scheme to provide—
a: different benefits for members of each sex on the basis of the same contributions; or
b: the same benefits for members of each sex on the basis of different contributions,— if the different treatment—
c: is based on actuarial or statistical data, upon which it is reasonable to rely, relating to life-expectancy, accidents, or sickness; and
d: is reasonable having regard to the applicability of the data, and of any other relevant factors, to the particular circumstances.
3: It shall continue to be unlawful to require an applicant for membership of a superannuation scheme to have attained a minimum age.
4: Nothing in section 22 section 44
a: providing or requiring different contributions for members; or
b: providing benefits for members that differ in nature or amount,— by reason of the disability or age of those members, if the different treatment—
c: is based on—
i: actuarial or statistical data, upon which it is reasonable to rely, relating to life-expectancy, accidents, or sickness; or
ii: where no such data is available in respect of persons with a disability, reputable medical or actuarial advice or opinion, upon which it is reasonable to rely, whether or not contained in an underwriting manual; and
d: is reasonable having regard to the applicability of the data or advice or opinion, and of any other relevant factors, to the particular circumstances.
5: Nothing in section 22 section 44 , the supervisor, or the manager
a: requiring an applicant for membership of the scheme to be under a specified maximum age; or
b: permitting a member of the scheme to elect to make increased or reduced contributions to the scheme either temporarily or indefinitely; or
c: specifying an age of eligibility for each type of benefit provided for members of the scheme; or
d: subject to section 183 under section 7 New Zealand Superannuation and Retirement Income Act 2001
e: providing benefits on the death or disability of members of the scheme that decrease in value as the age of members increases; or
f: providing benefits for members of the scheme that differ in nature and amount according to the member's period of membership (including any period deemed by the trustees , the supervisor, or the manager
6: In assessing for the purposes of this section whether it is reasonable to rely on any data or advice or opinion and whether different treatment is reasonable, the Commission or the Complaints Division may—
a: require justification to be provided for reliance on the data or advice or opinion and for the different treatment; and
b: request the views of an actuary Section 70(1) amended 9 December 1994 section 6 Human Rights Amendment Act 1994 Section 70(5) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 70(5)﻿(d) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 70(5)﻿(d) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 70(5)﻿(d) amended 12 October 2001 section 77 New Zealand Superannuation Act 2001 Section 70(5)﻿(f) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 70(6)﻿(b) amended 1 May 2011 section 82 Financial Markets Authority Act 2011
71: Reports on superannuation schemes
The Commission shall from time to time, after consultation with the FMA 1977 No 49 s 89 Section 71 amended 1 May 2011 section 85(1) Financial Markets Authority Act 2011
72: Power to vary trust deeds
1: Notwithstanding any Act or rule of law or the provisions of the instrument or conditions governing any superannuation scheme, the trustees of the scheme , or the manager of the scheme with the supervisor's consent, sections 22 44 70
2: Every amendment to the provisions of an instrument or conditions governing any superannuation scheme made under subsection (1) on or after the commencement of the Human Rights Amendment Act 1994 Section 72 substituted 9 December 1994 section 7 Human Rights Amendment Act 1994 Section 72(1) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Other matters
73: Measures to ensure equality
1: Anything done or omitted which would otherwise constitute a breach of any of the provisions of this Part shall not constitute such a breach if—
a: it is done or omitted in good faith for the purpose of assisting or advancing persons or groups of persons, being in each case persons against whom discrimination is unlawful by virtue of this Part; and
b: those persons or groups need or may reasonably be supposed to need assistance or advancement in order to achieve an equal place with other members of the community.
2: Nothing in this Part—
a: limits the power of the Crown to establish or arrange work or training schemes or employment assistance measures, eligibility for which may, in whole or in part, be determined by a person's age, employment status, or family status; or
b: makes it unlawful for any person to recruit or refer any other person who is of a particular age or of a particular employment status or of a particular family status for any work or training scheme or employment assistance measure that is established or arranged by the Crown, the eligibility for which may, in whole or in part, be determined by a person's age, employment status, or family status. 1977 No 49 s 29 1992 No 16 s 13(1)
74: Measures relating to pregnancy, childbirth, or family responsibilities
For the avoidance of doubt it is hereby declared that preferential treatment granted by reason of—
a: a woman's pregnancy or childbirth; or
b: a person's responsibility for part-time care or full-time care of children or other dependants— shall not constitute a breach of this Part. 1977 No 49 s 30
3: Resolution of disputes about compliance with Part 1A and Part 2
Part 3 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
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
b: recognise that disputes about compliance with Part 1A Part 2
c: recognise that, if disputes about compliance with Part 1A Part 2
d: recognise that the procedures for dispute resolution under this Part need to be flexible; and
e: recognise that judicial intervention at the lowest level needs to be that of a specialist decision-making body that is not inhibited by strict procedural requirements; and
f: recognise that difficult issues of law may need to be determined by higher courts. Section 75 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
76: Functions of Commission under this Part
1: The primary functions of the Commission under this Part are—
a: to provide information to members of the public who have questions about discrimination; and
b: to facilitate the resolution of disputes about compliance with Part 1A Part 2
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 Part 2
b: 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) section 92D
c: to offer services designed to facilitate resolution of the complaint, including information, expert problem-solving support, mediation, and other assistance:
d: 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)
e: to provide information gathered in relation to a complaint to the parties concerned. Section 76 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
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: the provision of general information about discrimination and legal obligations in relation to discrimination:
b: the provision of information about what services are available for persons who have disputes about compliance with Part 1A Part 2
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
ii: is convened at the request, or with the agreement of, the parties or, if section 84(4)
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 Part 2 Section 77 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
78: Method of providing services
Services provided under section 77
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; or
c: by specialists who—
i: respond to requests or themselves identify how, where, and when their services can best support the object of this Part; or
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. Section 78 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
79: How complaints received to be treated
1: This section applies if the Commission receives, under section 76(2)﻿(a) Part 1A Part 2
2: If the complaint or part of it concerns an enactment, or an act or omission that is authorised or required by an enactment, the complaint or relevant part of it must be treated only as a complaint that the enactment is in breach of Part 1A
3: Despite every other provision of this section, if the complaint or part of it concerns a judgment or other order of a court, or an act or omission of a court affecting the conduct of any proceedings, the Commission must take no further action in relation to the complaint or relevant part of it.
4: If the complaint or part of it concerns an act or omission by a person or body referred to in section 3
a: must be treated only as a complaint that there is a breach of Part 1A
i: is unlawful under any of sections 22 23 61 to 63 66
ii: is unlawful under any of sections 65 67 to 74
b: must be treated only as a complaint that there has been a breach of the relevant provision or provisions of Part 2 sections 22 23 61 to 63 66
5: If the complaint or relevant part of it concerns a breach of Part 2 Part 2
6: Nothing in this section prevents the Commission from involving any person that it considers appropriate in information gathering and the resolution of disputes. Section 79 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
79A: Choice of procedures
1: If the circumstances giving rise to a complaint under Part 2 Employment Relations Act 2000
a: the employee may make in relation to those circumstances a complaint under this Act:
b: the employee may, if the grievance is not otherwise resolved, apply to the Employment Relations Authority for the resolution of the grievance under the Employment Relations Act 2000
2: To avoid doubt, a complaint referred to in subsection (1) includes, but is not limited to, a complaint about sexual harassment or racial harassment.
3: For the purposes of subsection (1)﻿(a), an employee makes a complaint when proceedings about that complaint are commenced by the complainant or the Commission.
4: If an employee makes a complaint under subsection (1)﻿(a), the employee may not exercise or continue to exercise any rights relating to the subject matter of the complaint that the employee may have under the Employment Relations Act 2000
5: If an employee applies to the Employment Relations Authority for a resolution of the grievance under subsection (1)﻿(b), the employee may not exercise or continue to exercise any rights relating to the subject matter of the grievance that the employee may have under this Act. Section 79A inserted 1 December 2004 section 4 Human Rights Amendment Act 2004
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 Commission that he or she wishes to proceed with the complaint.
2: The Commission may decline to take action or further action under this Part in relation to a complaint if the complaint relates 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 Commission's opinion,—
a: the subject matter of the complaint is trivial; or
b: the complaint is frivolous or vexatious or is not made in good faith; or
c: having regard to all the circumstances of the case, it is unnecessary to take further action in relation to the complaint; or
d: there is in all the circumstances an adequate remedy or right of appeal, other than the right to petition Parliament 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 exercise.
4: If the Commission decides to take no action or no further action 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: of that decision; and
b: of the reasons for that decision; and
c: of his or her right, under section 92B 1977 No 49 s 35 1981 No 127 s 3 Section 80 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
81: Commission to inform parties of process
1: Before gathering information about a complaint, the Commission 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 82
a: the complainant (if any); and
b: any person alleged to be aggrieved (if not the complainant); and
c: the person against whom the complaint is made; and
d: if the complaint alleges a breach of Part 1A Part 2 section 3
e: any other person or body that the Commission considers relevant.
3: The matters referred to in subsection (2) are—
a: rights and obligations under this Act; and
b: processes that apply to complaints under this Act; and
c: other services that may help the parties to a complaint 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 Attorney-General—
a: of the details of the complaint (if any); and
b: of the right of that person and, if subsection (2)﻿(d) applies, of the Attorney-General to submit to the Commission, within a reasonable time, information in response to the complaint.
5: A requirement under this section to inform a person is satisfied if all reasonable efforts have been made to inform the person. Section 81 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
82: Information gathering and disclosure by Commission
1: When the Commission gathers information about a complaint under section 76(2)﻿(b) section 76(2)﻿(c) or (d)
a: that process must be conducted in private:
b: the Commission may hear or obtain information from any persons it thinks fit:
c: except as provided in section 81(4)﻿(b)
2: The Commission must make all reasonable efforts to give all parties concerned all relevant information gathered (if any) by it in relation to a complaint promptly after the information is gathered. Section 82 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
83: Settlement
1: This section applies if at any time it appears to the Commission from a complaint (including one referred back to the Commission by the Director, under section 90(1)﻿(b) section 92D section 81(4)﻿(b)
2: The Commission must use its best endeavours to assist the parties to secure a settlement.
3: 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
b: includes a satisfactory assurance by the person to whom the complaint relates against the repetition of the conduct that was the subject matter of the complaint or against further conduct of a similar kind. Section 83 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
84: Reference of complaint to Director or from Director or Tribunal
1: The complainant, aggrieved person, or party seeking to enforce a settlement may refer a complaint to the Director so that he or she may decide, under section 90(1)﻿(a) or (c)
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 section 90(1)﻿(b) 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.
4: If a complaint is referred back to the Commission by the Director, under section 90(1)﻿(b) section 92D Section 84 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
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: a statement, admission, or document created or made for the purposes of a dispute resolution meeting; and
b: information that is disclosed orally for the purposes of, and in the course of, a dispute resolution meeting.
2: Subsection (1) applies to every person who—
a: is a mediator for a dispute resolution meeting; or
b: attends a dispute resolution meeting; or
c: is a person employed or engaged by the Commission; or
d: is a person who assists either a mediator at a dispute resolution meeting or a person who attends a dispute resolution meeting. Section 85 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
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: the meeting; or
b: 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) Section 86 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
87: Certain information not to be made available
Any statement, admission, document, or information disclosed 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 Local Government Official Information and Meetings Act 1987 section 85(1) Section 87 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
88: Limits on effect of section 80(1) or sections 85 to 87
Nothing in section 80(1) sections 85 to 87
a: prevents the discovery or affects the admissibility of any evidence (being evidence that is otherwise discoverable 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 dispute resolution meeting; or
b: prevents the gathering of information by the Commission for research or educational purposes so long as the parties and the specific matters in issue between them are not identifiable; or
c: prevents the disclosure by any person employed or engaged 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 disclosure is necessary to prevent, or minimise the danger of, injury to any person or damage to any property. Section 88 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
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. Section 89 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
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) 92
b: deciding, in accordance with section 91(2)
c: deciding, in accordance with sections 91(3) 92
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 section 97 section 92H sections 91(3) 92
3: In this section and sections 92 92C related proceedings
a: an appeal to the High Court against a decision of the Tribunal:
b: proceedings in the High Court arising out of—
i: the statement of a case under section 122
ii: the removal of proceedings or a matter at issue in them under section 122A
c: an appeal to the Court of Appeal against a decision of the High Court made in proceedings described in paragraph (a) or paragraph (b):
d: an appeal to the Supreme Court against—
i: a decision of the High Court made in proceedings described in paragraph (a) or paragraph (b); or
ii: a decision of the Court of Appeal made in proceedings described in paragraph (c). Section 90 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001 Section 90(3) substituted 1 January 2004 section 48(1) Supreme Court Act 2003
91: Requirements for Director's decisions under section 90
1: The Director may make a decision under section 90(1)﻿(a)
2: The Director may make a decision under section 90(1)﻿(b)
a: 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
b: 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.
3: The Director may make a decision under section 90(1)﻿(c) or (2) Section 91 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
92: Matters Director to have regard to in deciding whether to provide representation in proceedings before Tribunal or in related proceedings
1: In deciding under section 90(1)﻿(a) or (c) section 90(2)
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 proceedings would be brought by or affect a large group of persons):
c: the level of harm involved in the matters that are the subject of the complaint:
d: whether the proceedings in question are likely to be successful:
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 provide representation. Section 92 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
92A: Director to notify and report on decisions on representation
1: Promptly after making a decision under section 90(1)﻿(a) or (c)
a: of the terms of the decision; and
b: 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)
a: of the terms of the decision; and
b: of the reasons for the decision.
3: If the Director decides to provide representation to the Commission in proceedings in which the Commission is entitled to be heard under section 92H
a: cease to provide representation to the Commission; and
b: promptly advise the Commission of the Director's decision.
4: The Director must report to the Minister, at least once each year and without referring to identifiable individuals concerned, on the Director's decisions under section 90(1)﻿(a) and (c) Section 92A inserted 1 January 2002 section 9 Human Rights Amendment Act 2001 Proceedings Heading inserted 1 January 2002 section 9 Human Rights Amendment Act 2001
92B: Civil proceedings arising from complaints
1: If a complaint referred to in section 76(2)﻿(a)
a: for a breach of Part 1A
b: for a breach of Part 1A section 3(b)
c: for a breach of Part 2
2: If a complaint under section 76(2)﻿(a) Part 1A Part 2
3: A person against whom a complaint referred to in section 76(2)﻿(a)
4: If parties to a complaint under section 76(2)﻿(a)
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 proceedings under subsection (1) only if—
a: the complainant or person aggrieved (if not the complainant) has not brought proceedings; and
b: the Commission has obtained the agreement of that person before bringing the proceedings; and
c: it considers that bringing the proceedings will facilitate 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) Section 92B inserted 1 January 2002 section 9 Human Rights Amendment Act 2001
92BA: Lodging of applications
Proceedings before the Tribunal are to be commenced by the lodging of an application in a form approved by the chief executive of the Ministry of Justice after consultation with the Chairperson of the Tribunal Section 92BA inserted 1 December 2004 section 5 Human Rights Amendment Act 2004 Section 92BA amended 29 October 2019 section 77 Tribunals Powers and Procedures Legislation Act 2018
92C: Representation in civil proceedings arising from complaints
1: A party to proceedings before the Tribunal or related proceedings 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)
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)
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
b: in accordance with a decision of the Director under section 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 representation 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 Director 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) Section 92C inserted 1 January 2002 section 9 Human Rights Amendment Act 2001
92D: Tribunal
or Chairperson or Deputy Chairperson
1: When proceedings under section 92B or the Chairperson or a Deputy Chairperson
a: must (whether through a member or officer) first consider 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) or the Chairperson or a Deputy Chairperson
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 or the Chairperson or a Deputy Chairperson section 76(2)﻿(a) or the Chairperson or a Deputy Chairperson
3: The Tribunal or the Chairperson or a Deputy Chairperson section 76(2)﻿(a) or the Chairperson or a Deputy Chairperson Section 92D inserted 1 January 2002 section 9 Human Rights Amendment Act 2001 Section 92D heading amended 14 November 2018 section 78(1) Tribunals Powers and Procedures Legislation Act 2018 Section 92D(1) amended 14 November 2018 section 78(2) Tribunals Powers and Procedures Legislation Act 2018 Section 92D(1)﻿(b) amended 14 November 2018 section 78(2) Tribunals Powers and Procedures Legislation Act 2018 Section 92D(2) amended 14 November 2018 section 78(3) Tribunals Powers and Procedures Legislation Act 2018 Section 92D(3) amended 14 November 2018 section 78(4) Tribunals Powers and Procedures Legislation Act 2018
92E: Civil proceedings arising from inquiry by Commission
1: If the Commission considers that an inquiry by it under section 5(2)﻿(h)
a: for a breach of Part 1A
b: for a breach of Part 1A section 3(b)
c: for a breach of Part 2
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 section 92H section 97 Section 92E inserted 1 January 2002 section 9 Human Rights Amendment Act 2001
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 section 19
2: The onus of proving, in any proceedings under this Part, that conduct is, under any provision of Part 2 1977 No 49 s 39 Section 92F inserted 1 January 2002 section 9 Human Rights Amendment Act 2001
92G: Right of Attorney-General to appear in civil proceedings
1: The Attorney-General may appear and be heard, in person or by a barrister or solicitor,—
a: in proceedings before the Human Rights Review Tribunal alleging a breach of Part 1A Part 2 section 3
b: 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:
i: the District Court
ii: the High Court:
iii: the Court of Appeal:
iv: the Supreme Court.
2: The right to appear and be heard given by subsection (1) may be exercised whether or not the Attorney-General is or was a party to the proceedings before the Human Rights Review Tribunal.
3: If, under subsection (1), the Attorney-General 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 cross-examine witnesses. 1977 No 49 s 38A 1983 No 56 s 13 1993 No 35 s 3(5) Section 92G inserted 1 January 2002 section 9 Human Rights Amendment Act 2001 Section 92G(1)﻿(b)﻿(i) amended 1 March 2017 section 261 District Court Act 2016 Section 92G(1)﻿(b)﻿(iv) added 1 January 2004 section 48(1) Supreme Court Act 2003
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 Tribunal; and
b: in proceedings in any of the following courts in relation to proceedings that are or have been before the Human Rights Review Tribunal:
i: the District Court
ii: the High Court:
iii: the Court of Appeal:
iv: the Supreme Court.
2: The right to appear and be heard given by subsection (1) may be exercised—
a: whether or not the Commission is or was a party to the proceedings before the Human Rights Review Tribunal; but
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)
3: If, under subsection (1), the Commission appears in any proceedings 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 cross-examine witnesses.
4: This section is not limited by section 92B section 92E section 97 1977 No 49 s 38A 1983 No 56 s 13 1993 No 35 s 3(5) Section 92H inserted 1 January 2002 section 9 Human Rights Amendment Act 2001 Section 92H(1)﻿(b)﻿(i) amended 1 March 2017 section 261 District Court Act 2016 Section 92H(1)﻿(b)﻿(iv) added 1 January 2004 section 48(1) Supreme Court Act 2003 Remedies Heading inserted 1 January 2002 section 9 Human Rights Amendment Act 2001
92I: Remedies
1: This section is subject to sections 92J 92K Part 1A
2: In proceedings before the Human Rights Review Tribunal brought under section 92B(1) or (4) section 92E
3: 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 Part 2
a: a declaration that the defendant has committed a breach of Part 1A Part 2
b: an order restraining the defendant from continuing or repeating the breach, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the breach, or conduct of any similar kind specified in the order:
c: damages in accordance with sections 92M to 92O
d: 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:
e: a declaration that any contract entered into or performed in contravention of any provision of Part 1A Part 2
f: 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:
g: relief in accordance with subpart 5
h: any other relief the Tribunal thinks fit.
4: 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
5: In proceedings before the Human Rights Review Tribunal brought, under section 92B(3) Part 1A Part 2 1977 No 49 s 38(5), (6), (8) 1983 No 56 s 12(3) Section 92I inserted 1 January 2002 section 9 Human Rights Amendment Act 2001 Section 92I(3)﻿(g) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017
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
2: The declaration that may be granted by the Tribunal, if subsection (1) applies, is a declaration that the enactment that is the subject of the finding is inconsistent with the right to freedom from discrimination affirmed by section 19
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 Section 92J inserted 1 January 2002 section 9 Human Rights Amendment Act 2001
92K: Effect of declaration
Effect on enactment, or act, omission, policy, or activity, concerned
1: A declaration under section 92J
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. Required actions after declarations of inconsistency
2: Sections 92WA 92WB section 92J
3: Section 92K inserted 1 January 2002 section 9 Human Rights Amendment Act 2001 Section 92K(1) heading inserted 30 August 2022 section 6(1) New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022 Section 92K(2) heading inserted 30 August 2022 section 6(2) New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022 Section 92K(2) replaced 30 August 2022 section 6(2) New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022 Section 92K(3) repealed 30 August 2022 section 6(2) New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022
92L: Costs
1: In any proceedings under section 92B section 92E section 97
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—
a: has participated in good faith in the process of information gathering by the Commission:
b: has facilitated or obstructed that information-gathering process:
c: has acted in a manner that facilitated the resolution of the issues that were the subject of the proceedings. 1977 No 49 s 38(7) 1983 No 56 s 12(4) Section 92L inserted 1 January 2002 section 9 Human Rights Amendment Act 2001
92M: Damages
1: In any proceedings under section 92B(1) or (4) section 92E Part 1A Part 2
a: pecuniary loss suffered as a result of, and expenses reasonably incurred by the complainant or, as the case may be, the aggrieved person for the purpose of, the transaction or activity out of which the breach arose:
b: loss of any benefit, whether or not of a monetary kind, that the complainant or, as the case may be, the aggrieved person might reasonably have been expected to obtain but for the breach:
c: humiliation, loss of dignity, and injury to the feelings of the complainant or, as the case may be, the aggrieved person.
2: This section applies subject to sections 92J 92N 92O and to subpart 1 Prisoners' and Victims' Claims Act 2005 1977 No 49 s 40(1) Section 92M inserted 1 January 2002 section 9 Human Rights Amendment Act 2001 Section 92M(2) amended 4 June 2005 Prisoners’ and Victims’ Claims Act 2005
92N: Directions as to payment of damages in certain cases
1: If the plaintiff is a minor who is not married or in a civil union section 92M Public Trust
2: If the plaintiff is a mentally disordered person within the meaning of section 2(1) Protection of Personal and Property Rights Act 1988 section 92M Public Trust
3: If the plaintiff is a person whose property is being managed under the Protection of Personal and Property Rights Act 1988
a: if damages fall within the terms of the property order, the Tribunal must direct the defendant to pay damages awarded under section 92M
b: if damages do not fall within the terms of the property order, the Tribunal may, in its discretion, direct the defendant to pay damages awarded under section 92M Public Trust
4: If money is paid to Public Trust
a: sections 103 to 110 a minor who is not married or in a civil union
b: sections 108D 108F 108G
c: section 108E subsection (3)﻿(a) 1977 No 49 s 40 s 14(2) Section 92N inserted 1 January 2002 section 9 Human Rights Amendment Act 2001 Section 92N(1) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 92N(1) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 92N(2) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 92N(3)﻿(b) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 92N(4) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 92N(4)﻿(a) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 92N(4)﻿(a) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 92N(4)﻿(b) substituted 1 March 2002 section 170(1) Public Trust Act 2001 Section 92N(4)﻿(c) added 1 March 2002 section 170(1) Public Trust Act 2001
92O: Tribunal may defer or modify remedies for breach of Part 1A or Part 2 or terms of settlement
1: If, in any proceedings under this Part, the Tribunal determines that an act or omission is in breach of Part 1A Part 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
ii: to adjourn the proceedings to a specified date to enable further consideration of the remedies or further remedies (if any) to be granted:
b: to refuse to grant any remedy that has retrospective effect:
c: to refuse to grant any remedy in respect of an act or omission that occurred before the bringing of proceedings or the date of the determination of the Tribunal or any other date specified by the Tribunal:
d: to provide that any remedy granted has effect only prospectively or only from a date specified by the Tribunal:
e: to provide that the retrospective effect of any remedy is limited in a way specified by the Tribunal. Section 92O inserted 1 January 2002 section 9 Human Rights Amendment Act 2001
92P: Matters to be taken into account in exercising powers given by section 92O
1: In determining whether to take 1 or more of the actions referred to in section 92O
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 affected if 1 or more of the actions referred to in section 92O
c: whether or not the proceedings involve a significant issue that has not previously been considered by the Tribunal:
d: the social and financial implications of granting any remedy sought by the plaintiff:
e: the significance of the loss or harm suffered by any person as a result of the breach of Part 1A Part 2
f: the public interest generally:
g: any other matter that the Tribunal considers relevant.
2: If the Tribunal finds that an act or omission is in breach of Part 1A section 3 Part 2 section 92O
a: the requirements of fair public administration; and
b: the obligation of the Government to balance competing demands for the expenditure of public money. Section 92P inserted 1 January 2002 section 9 Human Rights Amendment Act 2001 Monetary limits on remedies Tribunal may grant Heading inserted 1 January 2002 section 9 Human Rights Amendment Act 2001
92Q: Monetary limits on remedies Tribunal may grant
1: Proceedings under section 92B section 92E
2: However, except as provided in sections 92R to 92V sections 74 to 79
3: For the purposes of subsection (2), if civil proceedings under section 92B 1977 No 49 s 41 1983 No 56 s 15 1993 No 5 s 3(6) Section 92Q inserted 1 January 2002 section 9 Human Rights Amendment Act 2001 Section 92Q(2) amended 1 March 2017 section 261 District Court Act 2016 Granting of remedies by High Court on reference from Tribunal Heading inserted 1 January 2002 section 9 Human Rights Amendment Act 2001
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 section 92E Part 1A Part 2
a: the granting of the appropriate remedy under section 92I section 92Q
b: that the granting of a remedy in those proceedings would be better dealt with by the High Court. 1977 No 49 s 42(1) Section 92R inserted 1 January 2002 section 9 Human Rights Amendment Act 2001
92S: Further provisions on reference to High Court
1: A reference under section 92R
a: sets out the Tribunal's finding with regard to the breach of Part 1A Part 2
b: includes, or is accompanied by, a statement of the considerations to which the Tribunal has had regard in making the reference to that court.
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 1977 No 49 s 42(4)–(6), (8) Section 92S inserted 1 January 2002 section 9 Human Rights Amendment Act 2001
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 section 92E 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) section 92S(1) Part 1A Part 2
4: However, no person referred to in subsection (3) may, on the reference under section 92R
5: The High Court must decide, on the basis of the Tribunal's finding that the defendant has committed a breach of Part 1A Part 2 section 92I section 92J 1977 No 49 s 42(2), (5), (6) Section 92T inserted 1 January 2002 section 9 Human Rights Amendment Act 2001
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 determination 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)—
a: limits sections 123 to 125
b: prevents the making of an appeal in accordance with section 123 1977 No 49 s 42(3), (9) Section 92U inserted 1 January 2002 section 9 Human Rights Amendment Act 2001 Abandonment or agreement to bring claim within Tribunal's jurisdiction Heading inserted 1 January 2002 section 9 Human Rights Amendment Act 2001
92V: Abandonment to enable Tribunal to make award of damages
1: This section applies where the Tribunal would have jurisdiction in any proceedings under section 92B section 92E section 92M section 74(1) section 92Q(2)
2: The Tribunal may make an award within that limit if the plaintiff abandons the excess.
3: An award of damages in those proceedings in accordance with section 92M
4: This section overrides sections 92Q to 92U 1977 No 49 s 43 Section 92V inserted 1 January 2002 section 9 Human Rights Amendment Act 2001 Section 92V(1) amended 1 March 2017 section 261 District Court Act 2016
92W: Extension of jurisdiction by agreement between parties
1: If, in any proceedings under section 92B section 92E section 92Q section 92I
2: This section overrides sections 92Q to 92U 1977 No 49 s 44(1) Section 92W inserted 1 January 2002 section 9 Human Rights Amendment Act 2001 Required actions after declarations of inconsistency Heading inserted 30 August 2022 section 7 New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022
92WA: Attorney-General to notify Parliament of declaration of inconsistency
1: This section applies if a declaration made under section 92J
a: no appeals, or applications for leave to appeal, against the making of the declaration are lodged in the period for lodging them; or
b: all lodged appeals, or applications for leave to appeal, against the making of the declaration are withdrawn or dismissed.
2: The Attorney-General must present to the House of Representatives, not later than the sixth sitting day of the House of Representatives after the declaration becomes final, a notice bringing the declaration to the attention of the House of Representatives. Section 92WA inserted 30 August 2022 section 7 New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022
92WB: Responsible Minister to report to Parliament Government’s response to declaration
1: If a notice is presented under section 92WA
2: The deadline is the end of 6 months starting on the date on which the notice is presented, or any earlier or later time—
a: specified by a resolution of the House of Representatives; or
b: otherwise determined by or on behalf of the House of Representatives, in accordance with its rules and practice. Section 92WB inserted 30 August 2022 section 7 New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022
4: Human Rights Review Tribunal
Part 4 heading substituted 1 January 2002 section 10 Human Rights Amendment Act 2001
93: Human Rights The Tribunal constituted by section 45 of the Human Rights Commission Act 1977 , immediately before 1 January 2002 (being the date of the commencement of the Human Rights Amendment Act 2001 , and, on and after 1 January 2002, is called the Human Rights Review Tribunal 1977 No 49 s 45 1993 No 35 s 3(1) Section 93 heading amended 1 January 2002 section 11(a) Human Rights Amendment Act 2001 Section 93 amended 1 January 2002 section 11(b) Human Rights Amendment Act 2001 Section 93 amended 1 January 2002 section 11(c) Human Rights Amendment Act 2001 Functions and powers of Tribunal
94: Functions of Tribunal
The functions of the Tribunal shall be—
a: to consider and adjudicate upon proceedings brought pursuant to sections 92B 92E 95 97
b: to exercise and perform such other functions, powers, and duties as are conferred or imposed on it by or under this Act or any other enactment. 1977 No 49 s 46 1993 No 35 s 4(2) Section 94(a) amended 1 January 2002 section 12 Human Rights Amendment Act 2001
95: Power to make interim order
1: In respect of any matter in which the Tribunal has jurisdiction under this Act to make any final determination, the Chairperson or a Deputy Chairperson
2: An application for an interim order may be made,—
a: in the case of proceedings under section 92B(1), (2), (3), or (4)
b: in the case of proceedings under section 92E
3: A copy of the application shall be served on the defendant who shall be entitled to be heard before a decision on the application is made. 1977 No 49 s 46A 1993 No 35 s 4(1) Section 95(1) amended 14 November 2018 section 79 Tribunals Powers and Procedures Legislation Act 2018 Section 95(2) substituted 1 January 2002 section 13 Human Rights Amendment Act 2001
96: Review of interim orders
Where an interim order has been made, the defendant may, with the leave of the Tribunal and instead of appealing against the order, apply to the High Court to vary or rescind the order unless that order was made with the defendant's consent. 1977 No 49 s 46B 1993 No 35 s 4(1)
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 persons against whom a complaint under section 76(2)﻿(a) section 5(2)﻿(h)
2: The power is to declare that an act, omission, practice, requirement, or condition that would otherwise be unlawful under Part 2
a: a genuine occupational qualification, in respect of sections 22 to 41
b: a genuine justification, in respect of sections 42 to 60 Section 97 substituted 1 January 2002 section 14 Human Rights Amendment Act 2001 Constitution of Tribunal
98: Membership of Tribunal
The Tribunal shall consist of—
a: the Chairperson or a Deputy Chairperson or, if section 103B
b: 2 other persons appointed by the Chairperson for the purposes of each hearing from a panel maintained by the Minister under section 101 1977 No 49 s 47 1993 No 35 s 5(1) Section 98(a) replaced 14 November 2018 section 80 Tribunals Powers and Procedures Legislation Act 2018
99: Chairperson of Tribunal
The Chairperson of the Tribunal must be appointed by the Governor-General, on the recommendation of the Minister. Section 99 replaced 14 November 2018 section 81 Tribunals Powers and Procedures Legislation Act 2018
99AA: Deputy Chairpersons of Tribunal
One or more Deputy Chairpersons of the Tribunal may be appointed by the Governor-General, on the recommendation of the Minister. Section 99AA inserted 14 November 2018 section 81 Tribunals Powers and Procedures Legislation Act 2018
99A: Criteria and requirement for appointment of
Chairperson and Deputy Chairperson
1: In recommending a person for appointment as the Chairperson or a Deputy Chairperson section 101(2)
a: experience in dispute resolution:
b: experience as a Chairperson or a Deputy Chairperson
c: ability to perform the functions of the Chairperson or a Deputy Chairperson
2: Every person appointed as the Chairperson or a Deputy Chairperson Section 99A inserted 1 January 2002 section 15 Human Rights Amendment Act 2001 Section 99A heading amended 14 November 2018 section 82(1) Tribunals Powers and Procedures Legislation Act 2018 Section 99A(1) amended 14 November 2018 section 82(2) Tribunals Powers and Procedures Legislation Act 2018 Section 99A(1)﻿(b) amended 14 November 2018 section 82(3) Tribunals Powers and Procedures Legislation Act 2018 Section 99A(1)﻿(c) amended 14 November 2018 section 82(4) Tribunals Powers and Procedures Legislation Act 2018 Section 99A(2) amended 14 November 2018 section 82(5) Tribunals Powers and Procedures Legislation Act 2018
100: Appointment and term of office
1:
2: Except as otherwise provided in section 103 the Chairperson or a Deputy Chairperson the Chairperson or Deputy Chairperson
3: Any person appointed as the Chairperson or a Deputy Chairperson
4: Where the term for which the Chairperson or a Deputy Chairperson expires, the Chairperson or that Deputy Chairperson, unless sooner vacating or removed from office under section 103
a: the Chairperson or that Deputy Chairperson is reappointed; or
b: a successor to the Chairperson or that Deputy Chairperson is appointed; or
c: in the case of a Deputy Chairperson, that Deputy Chairperson is informed in writing by the Minister that the Deputy Chairperson is not to be reappointed and that a successor to that Deputy Chairperson is not to be appointed.
5: The Chairperson or a Deputy Chairperson who continues in office for any period under subsection (4) may act as the Chairperson or a Deputy Chairperson during and after that period for the purpose of—
a: completing any proceedings partly or wholly heard by the Tribunal before the Chairperson or the Deputy Chairperson ceased to hold office under subsection (4):
b: hearing any other proceedings commenced before the Chairperson or the Deputy Chairperson ceased to hold office under subsection (4).
6: The Chairperson or a Deputy Chairperson who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard. 1977 No 49 s 47B 1993 No 35 s 5(1) Section 100(1) repealed 1 January 2002 section 16 Human Rights Amendment Act 2001 Section 100(2) amended 14 November 2018 section 83(1) Tribunals Powers and Procedures Legislation Act 2018 Section 100(2) amended 14 November 2018 section 83(2) Tribunals Powers and Procedures Legislation Act 2018 Section 100(3) amended 14 November 2018 section 83(3) Tribunals Powers and Procedures Legislation Act 2018 Section 100(4) replaced 14 November 2018 section 83(4) Tribunals Powers and Procedures Legislation Act 2018 Section 100(5) inserted 14 November 2018 section 83(5) Tribunals Powers and Procedures Legislation Act 2018 Section 100(6) inserted 14 November 2018 section 83(5) Tribunals Powers and Procedures Legislation Act 2018
101: Panel
1: The Minister must maintain a panel of any number of persons that may be required to ensure—
a: the efficient and expeditious exercise of the jurisdiction of the Tribunal throughout New Zealand; and
b: the performance of other functions under this Act or any other enactment requiring the participation of members of the panel.
1A: The Minister must specify a period of up to 5 years for which a person is approved as a member of the panel.
1B: The Minister may approve the inclusion of a person on the panel for further periods of up to 5 years.
2: 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 international law, on human rights:
c: public administration, or the law relating to public administration:
d: current economic, employment, or social issues:
e: 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.
3: The name of a person shall be removed from the panel if—
a: the person dies or is, under the Insolvency Act 2006
b: the Minister directs that the name of the person be removed from the panel for disability affecting performance of duty, neglect of duty, or misconduct, proved to the satisfaction of the Minister; or
c: a period of up to
d: the person requests by writing addressed to the Minister that his or her name be removed.
4: If subsection (3)﻿(c) or (d) applies, or the period for which a person is approved as a member of the panel expires, the person may continue in office for the purpose of completing any proceedings that are partly or wholly heard. 1977 No 49 s 47C 1993 No 35 s 5(1) Section 101(1) replaced 14 November 2018 section 84(1) Tribunals Powers and Procedures Legislation Act 2018 Section 101(1A) inserted 14 November 2018 section 84(1) Tribunals Powers and Procedures Legislation Act 2018 Section 101(1B) inserted 14 November 2018 section 84(1) Tribunals Powers and Procedures Legislation Act 2018 Section 101(2) substituted 1 January 2002 section 17 Human Rights Amendment Act 2001 Section 101(2A) inserted 1 January 2002 section 17 Human Rights Amendment Act 2001 Section 101(3)﻿(a) amended 3 December 2007 section 445 Insolvency Act 2006 Section 101(3)﻿(c) amended 14 November 2018 section 84(2) Tribunals Powers and Procedures Legislation Act 2018 Section 101(4) replaced 14 November 2018 section 84(3) Tribunals Powers and Procedures Legislation Act 2018
101A: Functions, duties, and powers of Deputy Chairpersons
Subject to any directions issued by the Chairperson, a Deputy Chairperson of the Tribunal has all the functions, duties, and powers of the Chairperson. Section 101A inserted 14 November 2018 section 85 Tribunals Powers and Procedures Legislation Act 2018
101B: Delegation by Chairperson of Tribunal
1: The Chairperson of the Tribunal may delegate any of the Chairperson’s functions, duties, and powers to a member of the panel who—
a: the Chairperson is satisfied has the necessary capability, skills, and experience to perform or exercise those functions, duties, and powers; and
b: satisfies the criteria set out in section 99A
2: A delegation—
a: must be in writing; and
b: must be to a named person; and
c: is revocable at any time, in writing; and
d: does not prevent the performance or exercise of a function, duty, or power by the Chairperson.
3: A person to whom any functions, duties, or powers are delegated may perform or exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
4: A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
5: A person to whom any functions, duties, or powers are delegated must be paid remuneration and expenses (if any) determined in accordance with section 118A Section 101B inserted 14 November 2018 section 85 Tribunals Powers and Procedures Legislation Act 2018 Section 101B(5) amended 1 December 2022 section 16 Remuneration Authority Legislation Act 2022
101C: References to Chairpersons include deputies and delegates and temporary acting Chairperson
Unless the context otherwise requires, a reference in this Act or regulations made under this Act to the Chairperson includes—
a: a Deputy Chairperson appointed under section 99AA
b: a person to whom the functions, powers, and duties of the Chairperson are delegated under section 101B
c: a temporary acting Chairperson appointed under section 102 Section 101C inserted 14 November 2018 section 85 Tribunals Powers and Procedures Legislation Act 2018
102: Appointment of temporary acting Chairperson
1: If the Chairperson of the Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if the Chairperson considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General, on the recommendation of the Minister, may appoint a suitable person as the acting Chairperson for the period or purpose stated in the appointment.
2: No person may be appointed as the acting Chairperson unless he or she is eligible for appointment as the Chairperson.
3: The acting Chairperson is, while acting in the position, to be treated as the Chairperson of the Tribunal.
4: No appointment of the acting Chairperson, no act done by the acting Chairperson, and no act done by the Tribunal may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased. Section 102 replaced 14 November 2018 section 86 Tribunals Powers and Procedures Legislation Act 2018
103: Vacation of office by Chairperson
, temporary acting Chairperson,
1: The Chairperson, a temporary acting Chairperson,
2: The Chairperson, a temporary acting Chairperson, Insolvency Act 2006
3: The Chairperson, a temporary acting Chairperson, 1977 No 49 s 49 1993 No 35 s 5(1) Section 103 heading amended 14 November 2018 section 87(1) Tribunals Powers and Procedures Legislation Act 2018 Section 103(1) amended 14 November 2018 section 87(2) Tribunals Powers and Procedures Legislation Act 2018 Section 103(2) amended 14 November 2018 section 87(2) Tribunals Powers and Procedures Legislation Act 2018 Section 103(2) amended 3 December 2007 section 445 Insolvency Act 2006 Section 103(3) amended 14 November 2018 section 87(2) Tribunals Powers and Procedures Legislation Act 2018
103A: Orderly and efficient operation
The Chairperson of the Tribunal is responsible for making such arrangements as are practicable to ensure that, in relation to the work of the Tribunal, the Chairperson, each Deputy Chairperson and each member of the panel performs their functions—
a: in an orderly and efficient manner; and
b: in a way that achieves the purposes of this Act or any other enactment. Section 103A inserted 14 November 2018 section 88 Tribunals Powers and Procedures Legislation Act 2018
103B: Powers of Chairperson to direct constitution of Tribunal
1: The Chairperson of the Tribunal may direct, for the purposes of any particular proceedings, that the Tribunal be constituted by—
a: the Chairperson; and
b: a Deputy Chairperson; and
c: two panel members.
2: The Chairperson of the Tribunal may give a direction under subsection (1) if he or she is satisfied that—
a: the proceedings are unusually complex or difficult; or
b: it is desirable for training purposes that the Tribunal be constituted in this way. Section 103B inserted 14 November 2018 section 88 Tribunals Powers and Procedures Legislation Act 2018 Procedure of Tribunal
104: Sittings of Tribunal
1: Sittings of the Tribunal shall be held at such times and places as the Tribunal, the Chairperson, or a Deputy Chairperson
2: Any sitting may be adjourned from time to time and from place to place by the Tribunal or the Chairperson or a Deputy Chairperson
3: No sitting of the Tribunal shall take place unless all the members are present, but the decision of a majority of the members shall be the decision of the Tribunal.
4: The Chairperson or a Deputy Chairperson
4A: Despite anything in this Act to the contrary, the Tribunal or the Chairperson or a Deputy Chairperson may determine a proceeding on the papers if the Tribunal or the Chairperson or a Deputy Chairperson considers it appropriate.
4B: Before doing so, the Tribunal or the Chairperson or a Deputy Chairperson must give the parties a reasonable opportunity to comment on whether the proceeding should be dealt with in that manner.
4C: The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if the Tribunal or the Chairperson or a Deputy Chairperson considers it appropriate and the necessary facilities are available.
5: The Tribunal may regulate its procedure as it thinks fit, subject to this Act and any regulations made under it, and any practice notes issued under section 121A
6: Forms for use in the Tribunal may be approved by the chief executive of the Ministry of Justice after consulting the Chairperson. 1977 No 49 s 50 1993 No 35 s 5(2) Section 104(1) amended 14 November 2018 section 89(1) Tribunals Powers and Procedures Legislation Act 2018 Section 104(2) amended 14 November 2018 section 89(2) Tribunals Powers and Procedures Legislation Act 2018 Section 104(4) amended 14 November 2018 section 89(3) Tribunals Powers and Procedures Legislation Act 2018 Section 104(4A) inserted 14 November 2018 section 89(4) Tribunals Powers and Procedures Legislation Act 2018 Section 104(4B) inserted 14 November 2018 section 89(4) Tribunals Powers and Procedures Legislation Act 2018 Section 104(4C) inserted 14 November 2018 section 89(4) Tribunals Powers and Procedures Legislation Act 2018 Section 104(5) replaced 14 November 2018 section 89(5) Tribunals Powers and Procedures Legislation Act 2018 Section 104(6) inserted 29 October 2019 section 89(6) Tribunals Powers and Procedures Legislation Act 2018
105: Substantial merits
1: The Tribunal must act according to the substantial merits of the case, without regard to technicalities.
2: In exercising its powers and functions, the Tribunal must act—
a: in accordance with the principles of natural justice; and
b: in a manner that is fair and reasonable; and
c: according to equity and good conscience. Section 105 substituted 1 January 2002 section 18 Human Rights Amendment Act 2001
106: Evidence in proceedings before Tribunal
1: The Tribunal may—
a: call for evidence and information from the parties or any other person:
b: request or require the parties or any other person to attend the proceedings to give evidence:
c: fully examine any witness:
d: receive as evidence any statement, document, information, 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.
2: The Tribunal may take evidence on oath, and for that purpose any member or officer of the Tribunal may administer an oath.
3: The Tribunal may permit a person appearing as a witness before it to give evidence by tendering a written statement and, if the Tribunal thinks fit, verifying it by oath.
4: Subject to subsections (1) to (3), the Evidence Act 2006 1977 No 49 s 52 Section 106(1) substituted 1 January 2002 section 19 Human Rights Amendment Act 2001 Section 106(4) amended 1 August 2007 section 216 Evidence Act 2006
107: Sittings to be held in public except in special circumstances
1: Except as provided by subsections (2) and (3), every hearing of the Tribunal shall be held in public.
2: The Tribunal may deliberate in private as to its decision in any matter or as to any question arising in the course of any proceedings before it.
3: Where the Tribunal is satisfied that it is desirable to do so, the Tribunal may, of its own motion or on the application of any party to the proceedings,—
a: order that any hearing held by it be heard in private, either as to the whole or any portion thereof:
b: make an order prohibiting the publication of any report or account of the evidence or other proceedings in any proceedings before it (whether heard in public or in private) either as to the whole or any portion thereof:
c: make an order prohibiting the publication of the whole or part of any books or documents produced at any hearing of the Tribunal.
4: Every person commits an offence and is liable on 1977 No 49 s 54 Section 107(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
108: Persons entitled to be heard
1: Any person who is a party to the proceedings before the Tribunal, and any person who satisfies the Tribunal that he or she has an interest in the proceedings greater than the public generally, may appear and may call evidence on any matter that should be taken into account in determining the proceedings.
2: 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.
3: A person who has a right to appear or is allowed to appear before the Tribunal may appear in person or be represented by his or her counsel or agent. Section 108(2) substituted 1 January 2002 section 20 Human Rights Amendment Act 2001
108A: Tribunal to give notice of proceedings
The Tribunal must notify the Attorney-General promptly of the bringing of proceedings before the Tribunal alleging a breach of Part 1A Part 2 section 3 Section 108A inserted 1 January 2002 section 21 Human Rights Amendment Act 2001
108B: Submissions in relation to remedies
1: Before the Tribunal grants any remedy under Part 3 section 92J
a: the implications of granting that remedy; and
b: the appropriateness of that remedy.
2: Subsection (1) does not limit any provision in Part 3 section 108 Section 108B inserted 1 January 2002 section 21 Human Rights Amendment Act 2001
109: Witness summons
1: The Tribunal may , if it considers it necessary,
2: The witness summons shall state—
a: the place where the person is to attend; and
b: the date and time when the person is to attend; and
c: the papers, documents, records, or things which that person is required to bring and produce to the Tribunal; and
d: the entitlement to be tendered or paid a sum in respect of allowances and travelling expenses; and
e: the penalty for failing to attend.
3: The power to issue a witness summons may be exercised by the Tribunal or the Chairperson or a Deputy Chairperson the Chairperson or a Deputy Chairperson Section 109(1) amended 1 January 2002 section 22 Human Rights Amendment Act 2001 Section 109(3) amended 14 November 2018 section 90 Tribunals Powers and Procedures Legislation Act 2018
110: Service of summons
1: A witness summons may be served by—
a: delivering the summons personally to the witness or, if he or she refuses to accept it, bringing it to his or her attention; or
b: delivering the summons to the witness at his or her usual place of residence by any form of prepaid delivery service that requires an acknowledgement of receipt of delivery from the witness.
2: The summons shall,—
a: where it is served under subsection (1)﻿(a), be served at least 24 hours before the attendance of the witness is required; or
b: where it is served under subsection (1)﻿(b), be served at least 8 working days
3: Section 110(1) replaced 14 November 2018 section 91(1) Tribunals Powers and Procedures Legislation Act 2018 Section 110(2)﻿(b) amended 14 November 2018 section 91(2) Tribunals Powers and Procedures Legislation Act 2018 Section 110(3) repealed 14 November 2018 section 91(3) Tribunals Powers and Procedures Legislation Act 2018
111: Witnesses' allowances
1: Every witness attending before the Tribunal to give evidence pursuant to a summons shall be entitled to be paid witnesses' fees, allowances, and travelling expenses according to the scales for the time being prescribed by regulations made under the Criminal Procedure Act 2011
2: On each occasion on which the Tribunal issues a summons under section 109(1)
3: The amount fixed under subsection (2) shall be the estimated amount of the allowances and travelling expenses to which, in the opinion of the Tribunal or person, the witness will be entitled according to the prescribed scales if the witness attends at the time and place specified in the summons.
4: Where a party to the proceedings has requested the issue of the witness summons, the fees, allowances, and travelling expenses payable to the witness shall be paid by that party.
5: Where the Tribunal has of its own motion issued the witness summons, the Tribunal may direct that the amount of those fees, allowances, and travelling expenses—
a: form part of the costs of the proceedings; or
b: be paid from money appropriated by Parliament for the purpose. Section 111(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
112: Privileges and immunities
Witnesses and counsel appearing before the Tribunal shall have the same privileges and immunities as witnesses and counsel have in proceedings in the District Court Section 112 amended 1 March 2017 section 261 District Court Act 2016
113: Non-attendance or refusal to co-operate
1: Every person commits an offence who, after being summoned to attend to give evidence before the Tribunal or to produce to the Tribunal any papers, documents, records, or things, without sufficient cause,—
a: fails to attend in accordance with the summons; or
b: refuses to be sworn or to give evidence, or, having been sworn, refuses to answer any question that the person is lawfully required by the Tribunal or any member of it to answer concerning the proceedings; or
c: fails to produce any such paper, document, record, or thing.
2: Every person who commits an offence against subsection (1) is liable on
3: No person summoned to attend before a Tribunal shall be convicted of an offence against subsection (1) unless there was tendered or paid to that person travelling expenses in accordance with section 111 Section 113(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
114: Application of Contempt of Court Act 2019
1: Subpart 2 sections 25 26(1) and (2)
2: Those provisions apply to proceedings of the Tribunal as if—
a: references to a court include the Tribunal; and
b: references to a Judge include a Chairperson of the Tribunal; and
c: references to a judicial officer include a member of the Tribunal; and
d: references to an officer of the court include an officer of the Tribunal;
e: section 11(2)﻿(b) Section 114 replaced 26 August 2020 section 29 Contempt of Court Act 2019
115: Tribunal may dismiss trivial, etc, proceedings
The Tribunal may at any time dismiss any proceedings brought under section 92B section 92E 1977 No 49 s 55 Section 115 amended 1 January 2002 section 23 Human Rights Amendment Act 2001
115A: Tribunal may strike out, determine, or adjourn proceedings
1: The Tribunal may strike out, in whole or in part, a proceeding if satisfied that it—
a: discloses no reasonable cause of action; or
b: is likely to cause prejudice or delay; or
c: is frivolous or vexatious; or
d: is otherwise an abuse of process.
2: If a party is neither present nor represented at the hearing of a proceeding, the Tribunal may,—
a: if the party is required to be present, strike out the proceeding; or
b: determine the proceeding in the absence of the party; or
c: adjourn the hearing. Section 115A inserted 14 November 2018 section 93 Tribunals Powers and Procedures Legislation Act 2018
116: Reasons to be given
1: This section applies to the following decisions of the Tribunal:
a: a decision to grant 1 or more of the remedies described in section 92I section 92J section 95
b: a decision to make a declaration under section 97
c: a decision to dismiss proceedings brought under section 92B section 92E section 95 section 97
2: Every decision to which this section applies must be in writing and must show the Tribunal's reasons for the decision, including—
a: relevant findings of fact; and
b: explanations and findings on relevant issues of law; and
c: conclusions on matters or issues it considers require determination in order to dispose of the matter.
3: The Tribunal must notify the parties, the Attorney-General, and the Human Rights Commission of every decision of the Tribunal. Section 116 substituted 1 January 2002 section 24 Human Rights Amendment Act 2001
117: Seal of Tribunal
The Tribunal shall have a seal, which shall be judicially noticed in all courts and for all purposes. 1977 No 49 s 57
118: Members of Tribunal not personally liable
No member of the Tribunal shall be personally liable for any act done or omitted to be done by the Tribunal or any member thereof in good faith in pursuance or intended pursuance of the functions, duties, powers, or authorities of the Tribunal. 1977 No 49 s 58
118A: Remuneration of Chairperson and Deputy Chairpersons
1: The Chairperson, and each Deputy Chairperson, of the Tribunal—
a: must be paid a salary, or a fee, or an allowance, at the rate determined by the Remuneration Authority; and
b: is entitled in accordance with the fees framework to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out their office as a Chairperson or Deputy Chairperson.
2: Expenses may be incurred, without further appropriation than this section, to meet the salaries, fees, or allowances determined under subsection (1)﻿(a). Section 118A inserted 1 December 2022 section 17 Remuneration Authority Legislation Act 2022
119: Fees of members of Tribunal
1: A member of the Tribunal appointed in accordance with section 98(b)
a: to receive remuneration not within paragraph (b) for services as a member at a rate and of a kind determined by the Minister in accordance with the fees framework; and
b: in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member.
2: Section 119 substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 119(1) amended 1 December 2022 section 18(1) Remuneration Authority Legislation Act 2022 Section 119(2) repealed 1 December 2022 section 18(2) Remuneration Authority Legislation Act 2022
120: Services for Tribunal
1: The Ministry of Justice
2: The cost of any services provided by the Ministry of Justice 1977 No 49 s 60 Section 120(1) amended 1 October 2003 section 14(1) State Sector Amendment Act 2003 Section 120(2) amended 1 October 2003 section 14(1) State Sector Amendment Act 2003
121: Enforcement
1: The following orders made by the Tribunal may, on registration of a certified copy in the District Court, be enforced in all respects as if they were an order of that court:
a: an order for the award of costs under section 92L
b: an order for the award of damages under section 92M
c: an interim order under section 95
2: Every person commits an offence and is liable on section 92I section 95 1977 No 49 s 61 Section 121(1) substituted 1 January 2002 section 25(1) Human Rights Amendment Act 2001 Section 121(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 121(2) amended 1 January 2002 section 25(2) Human Rights Amendment Act 2001
121A: Practice notes
1: The Chairperson of the Tribunal may issue practice notes as he or she considers appropriate.
2: The practice notes must not be inconsistent with this Act or any regulations made under it, and are for the guidance of the other members of the Tribunal, officers of the Tribunal, and parties before the Tribunal. Section 121A inserted 14 November 2018 section 94 Tribunals Powers and Procedures Legislation Act 2018
121B: Online publication of information about procedures, time frames, and progress of decisions
The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:
a: information about the purpose of the Tribunal and how to commence a proceeding:
b: any requirements that must be met for a proceeding:
c: guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected. Section 121B inserted 29 October 2019 section 95 Tribunals Powers and Procedures Legislation Act 2018
121C: Online publication of final written decisions
1: Every final written decision of the Tribunal must be published on an Internet site as soon as practicable unless there is good reason not to publish it.
2: A final written decision may be published in part if there is good reason for not publishing the full decision.
3: Subsections (1) and (2) are subject to section 107(3)
4: Good reason not to publish a decision, or part of it, includes the following:
a: non-publication is necessary because of a suppression order or statutory requirement that affects publication or continued publication:
b: the decision falls into a category of decisions that are of limited public value:
c: taking into account the presumption in subsection (1) in favour of publication, the Tribunal nevertheless determines that the decision or any part of it should not be published because publication or the effect of publication would be contrary to the interests of justice.
5: In this section, final written decision
a: a written reserved decision following an oral hearing:
b: a written decision in any case considered on the papers. Section 121C inserted 29 October 2019 section 95 Tribunals Powers and Procedures Legislation Act 2018
122: Stating case for High Court
1: The Tribunal may, at any time, before or during the hearing or before delivering its decision, on the application of any party to the proceedings or of its own motion, state a case for the opinion of the High Court on any question of law arising in any proceedings before the Tribunal.
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
b: if the leave of the High Court is obtained, order, under section 122A(1)
2: The Tribunal shall give notice to the parties to the proceedings of the Tribunal's intention to state a case under this section, specifying the registry of the High Court in which the case is to be filed.
3: Except where the Tribunal intends to state the case of its own motion, the question shall be in the form of a special case drawn up by the parties to the proceedings, and, if the parties do not agree, to be settled by the Tribunal.
4: Where the Tribunal intends to state the case of its own motion, it shall itself state and sign a case setting forth the facts and questions of law arising for the determination of the High Court.
5: The High Court shall hear and determine any question submitted to it under this section, and shall remit the case with its opinion to the Tribunal. 1977 No 49 s 62 Section 122(1A) inserted 1 January 2002 section 26 Human Rights Amendment Act 2001
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: an important question of law is likely to arise in the proceedings or matter other than incidentally; or
b: the validity of any regulation is questioned in proceedings before the Tribunal (whether on the ground that it authorises or requires unjustifiable discrimination in circumstances where the statutory provision purportedly empowering the making of the regulation does not authorise the making of a regulation authorising or requiring unjustified discrimination, or otherwise); or
c: 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
d: 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
e: the Tribunal is of the opinion that, in all the circumstances, the High Court should determine the proceedings or matter.
3: Despite subsection (2), if the validity of any regulation is questioned 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.
4: If the Tribunal declines to remove proceedings, or a matter at issue in them, to the High Court (whether as a result of the refusal of the High Court to grant leave or otherwise), the party applying for the removal may seek the special leave of the High Court for an order of the High Court that the proceedings or matter be removed to the High Court and, in determining whether to grant an order of that kind, the High Court must apply the criteria stated in subsection (2)﻿(a) to (d).
5: An order for removal to the High Court under this section may be made subject to any conditions the Tribunal or the High Court, as the case may be, thinks fit.
6: Nothing in this section limits section 122 Section 122A inserted 1 January 2002 section 27 Human Rights Amendment Act 2001
122B: Proceedings or issue removed to High Court
1: If the Tribunal, acting under section 122A section 122A(2)﻿(b)
2: If the Tribunal, under section 122A
a: the High Court must determine the proceedings or matter and may exercise any power that the Tribunal could have exercised in, or in relation to, the proceedings or matter; and
b: a party to the proceedings may, under section 124 Section 122B inserted 1 January 2002 section 27 Human Rights Amendment Act 2001
123: Appeals to High Court
1: Where any party is dissatisfied with any interim order made by the Chairperson or a Deputy Chairperson section 95
2: A party to a proceeding under section 92B section 92E
a: dismissing the proceeding; or
b: granting 1 or more of the remedies described in section 92I
c: granting the remedy described in section 92J
d: refusing to grant the remedy described in section 92J
e: constituting a final determination of the Tribunal in the proceeding.
2A: For the purposes of subsection (2)﻿(d), the Tribunal does not in a proceeding refuse to grant the remedy described in section 92J
a: a party to the proceeding expressly applies to the Tribunal for the remedy in relation to a particular enactment; and
b: the Tribunal does not grant the remedy in relation to that enactment.
3: Where any party is dissatisfied with any decision of the Tribunal making a declaration under section 97
4: Every appeal under this section shall be made by giving notice of appeal within 22 working days
5: In determining any appeal under this section the High Court shall have the powers conferred on the Tribunal by sections 105 106
6: In its determination of any appeal, the court may—
a: confirm, modify, or reverse the order or decision appealed against, or any part of that order or decision:
b: exercise any of the powers that could have been exercised by the Tribunal in the proceedings to which the appeal relates.
7: Notwithstanding anything in subsection (6), the court may in any case, instead of determining any appeal, refer to the Tribunal, in accordance with the rules of court, for further consideration by the Tribunal, the whole or any part of the matter to which the appeal relates.
8: Subject to the provisions of this Act, the procedure in respect of any such appeal shall be in accordance with the rules of court.
9: Notice of appeal shall not operate as a stay of proceedings in respect of the decision to which the appeal relates unless the Tribunal or the High Court so orders. 1977 No 49 s 63 Section 123(1) amended 14 November 2018 section 96(1) Tribunals Powers and Procedures Legislation Act 2018 Section 123(2) substituted 1 January 2004 section 47 Supreme Court Act 2003 Section 123(2A) inserted 1 January 2004 section 47 Supreme Court Act 2003 Section 123(4) amended 14 November 2018 section 96(2) Tribunals Powers and Procedures Legislation Act 2018
124: Appeal to Court of Appeal on a question of law
1: Any party to any proceedings before the High Court under this Act may, with the leave of the High Court, appeal to the Court of Appeal against any determination of the High Court on a question of law arising in those proceedings: provided that, if the High Court refuses to grant leave to appeal to the Court of Appeal, the Court of Appeal may grant special leave to appeal.
2: A party desiring to appeal to the Court of Appeal under this section shall, within 15 working days
3: Where the High Court refuses leave to any party to appeal to the Court of Appeal under this section, that party may, within 15 working days
4: On any appeal to the Court of Appeal under this section, the Court of Appeal shall have the same power to adjudicate on the proceedings as the High Court had.
5: The same judgment must be entered in the High Court, and the same execution and other consequences and proceedings must follow on it, as if the decision of the Court of Appeal on an appeal under this section had been given in the High Court.
6: The decision of the Court of Appeal on any application to that court for leave to appeal shall be final. 1977 No 49 s 64 Section 124(2) amended 14 November 2018 section 97(1) Tribunals Powers and Procedures Legislation Act 2018 Section 124(3) amended 14 November 2018 section 97(2) Tribunals Powers and Procedures Legislation Act 2018 Section 124(5) substituted 1 January 2004 section 47 Supreme Court Act 2003
125: Costs of appeal
The High Court shall have power to make such order as to the whole or any part of the costs of an appeal under section 123 1977 No 49 s 65
126: Additional members of High Court for purposes of Act
1: For the purpose of the exercise by the High Court of its jurisdiction and powers—
a: under section 92T
b: under section 123 there shall be 2 additional members of the court who shall be persons appointed by a Judge of the court for the purposes of the hearing or appeal from the panel maintained by the Minister under section 101
2: Before entering upon the exercise of the duties of their office, the additional members shall take an oath before a Judge of the High Court that they will faithfully and impartially perform the duties of their office.
3: The presence of a Judge of the High Court and of at least 1 additional member shall be necessary to constitute a sitting of the court.
4: The decision of a majority (including the Judge, or, where more than 1 Judge sits, including a majority of the Judges) of the members present at a sitting of the court shall be the decision of the court. If the members present are equally divided in opinion, the decision of the Judge, or of a majority of the Judges, shall be the decision of the court.
5: If any question before the court cannot be decided in accordance with subsection (4), the question shall be referred to the Court of Appeal for decision in accordance with the practice and procedure of that court, which for the purpose shall have all the powers of the court under this Act. The decision of the Court of Appeal in any proceedings under this subsection shall be final and shall take effect and be entered as if it were a decision of the court under this Act.
6: An additional member is entitled—
a: to receive remuneration not within paragraph (b) for services as a member at a rate and of a kind determined by the Minister in accordance with the fees framework; and
b: in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member.
7: For the purposes of subsection (6), fees framework 1977 No 49 s 66 1991 No 60 s 3(4) Section 126(1)﻿(a) amended 1 January 2002 section 29(a) Human Rights Amendment Act 2001 Section 126(1)﻿(b) amended 1 January 2002 section 29(b) Human Rights Amendment Act 2001 Section 126(6) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 126(7) added 25 January 2005 section 200 Crown Entities Act 2004
5: Powers in relation to
inquiries Part 5 heading amended 1 January 2002 section 30 Human Rights Amendment Act 2001
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
b: requiring that person to give evidence to the Commission about matters that, in the opinion of the District Court Judge, are relevant to the inquiry.
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 subsection (1) must be in writing and must—
a: set out the reasons why the order is sought; and
b: 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
c: explain why the information, documents, things, or evidence in question will or may be relevant to the inquiry.
4: In this section, specified inquiry section 5(2)﻿(h)
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) Section 126A inserted 1 January 2002 section 31 Human Rights Amendment Act 2001 Section 126A(5) inserted 15 June 2016 section 15 Human Rights Amendment Act 2016
127: Evidence
1: The Commission may, by notice in writing, require any person who is the subject of an order under section 126A(1)﻿(a)
2: The Commission may summon before it, and examine on oath, any person who is subject to an order under section 126A(1)﻿(b)
3: Every such examination by a Commission section 108 1977 No 49 s 73(1), (2) Section 127(1) substituted 1 January 2002 section 32 Human Rights Amendment Act 2001 Section 127(2) substituted 1 January 2002 section 32 Human Rights Amendment Act 2001 Section 127(3) amended 1 January 2002 section 32 Human Rights Amendment Act 2001
128: Protection and privileges of witnesses, etc
1: Every person shall have the same privileges in relation to the giving of information to, the answering of questions put by, and the production of documents and things to, a Commission
2: No person shall be required to supply any information to or to answer any question put by a Commission Commission any legislation Official Information Act 1982
3: No person shall be liable to prosecution for an offence against any enactment, other than section 143 Commission section 127
4: Where the attendance of any person is required by a Commission section 127
a: the provisions of any regulations in that behalf under the Criminal Procedure Act 2011
b: the Commission 1977 No 49 s 73(3), (4), (6), (7) Section 128(1) amended 1 January 2002 section 33 Human Rights Amendment Act 2001 Section 128(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 128(2) amended 1 January 2002 section 33 Human Rights Amendment Act 2001 Section 128(3) amended 1 January 2002 section 33 Human Rights Amendment Act 2001 Section 128(4) amended 1 January 2002 section 33 Human Rights Amendment Act 2001 Section 128(4)﻿(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 128(4)﻿(b) amended 1 January 2002 section 33 Human Rights Amendment Act 2001
129: Disclosure of certain matters not to be required
1: Where—
a: the Prime Minister certifies that the giving of any information or the answering of any question or the production of any document or thing might prejudice the security, defence, or international relations of New Zealand (including New Zealand's relations with the government of any other country or with any international organisation); or
b: the Attorney-General certifies that the giving of any information or the answering of any question or the production of any document or thing—
i: might prejudice the prevention, investigation, or detection of offences; or
ii: might involve the disclosure of proceedings of Cabinet, or any committee of Cabinet, relating to matters of a secret or confidential nature, and such disclosure would be injurious to the public interest,— the Commission
2: Subject to the provisions of subsection (1), the rule of law which authorises or requires the withholding of any document, or the refusal to answer any question, on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest shall not apply in respect of any investigation by a Commission 1977 No 49 s 74 Section 129(1) amended 1 January 2002 section 34 Human Rights Amendment Act 2001 Section 129(2) amended 1 January 2002 section 34 Human Rights Amendment Act 2001
130: Proceedings privileged
1: Sections 120 to 126 section 131
2: No proceedings under section 131 relevant person
2A: Sections 122 to 126
2B: No relevant person can be required to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his or her knowledge in the exercise of his or her functions.
3: Nothing in subsection (2) applies in respect of proceedings for—
a: an offence against section 78 78AA(1) 78A(1) 105 105A 105B
b: the offence of attempting or conspiring to commit an offence against section 78 78AA(1) 78A(1) 105 105A 105B
4: Anything said or any information supplied or any document or thing produced by any person in the course of any inquiry
5: For the purposes of clause 3 1971 No 150 s 20 1977 No 49 s 76 1982 No 156 s 50 1991 No 126 s 29 1993 No 35 s 6 Section 130(1) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 130(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 130(2A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 130(2B) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 130(3)﻿(a) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 130(3)﻿(b) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 130(4) amended 1 January 2002 section 35(b) Human Rights Amendment Act 2001
6: Inciting racial disharmony
131: Inciting racial disharmony
1: Every person commits an offence and is liable on conviction
a: publishes or distributes written matter which is threatening, abusive, or insulting, or broadcasts by means of radio or television words which are threatening, abusive, or insulting; or
b: uses in any public place (as defined in section 2(1) being matter or words likely to excite hostility or ill-will against, or bring into contempt or ridicule, any such group of persons in New Zealand on the ground of the colour, race, or ethnic or national origins of that group of persons.
2: For the purposes of this section, publishes distributes written matter section 61 1971 No 150 s 25 1977 No 49 s 86 Section 131(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
132: No prosecution without Attorney-General's consent
No prosecution for an offence against section 131 1971 No 150 s 26
7: Miscellaneous provisions
133: Licences and registration
1: Where any person is licensed or registered under any enactment to carry on any occupation or activity or where any premises or vehicle are registered or licensed for any purpose under any enactment, and where the person or other authority authorised to renew, revoke, cancel, or review any such licence or registration is satisfied—
a: that in the carrying on of the occupation or activity; or
b: that in the use of the premises or vehicle,— there has been a breach of any of the provisions of Part 2
2: Any procedural requirements of the enactment, including any whereby a complaint is a prerequisite to the exercise by the person or authority of its powers under the enactment, shall be observed.
3: In any case in which any of the powers conferred by subsection (1) are exercised,—
a: the person or authority shall in giving its decision state that the decision is being made pursuant to subsection (1); and
b: any person who would have been entitled to appeal against that decision if it had been made on other grounds shall be entitled to appeal against the decision made pursuant to subsection (1).
4: 1971 No 150 s 23 Section 133(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
134: Access by the public to places, vehicles, and facilities
1: Every person commits an offence who—
a: refuses to allow any other person access to or use of any place or vehicle which members of the public are entitled or allowed to enter or use; or
b: refuses any other person the use of any facilities in that place or vehicle which are available to members of the public; or
c: requires any other person to leave or to cease to use that place or vehicle or those facilities,— when that refusal or requirement is in breach of any of the provisions of Part 2
2: Every person who commits an offence against this section is liable on
3: In this section, the term vehicle 1971 No 150 s 24 1977 No 49 s 86 Section 134(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
135: No prosecution without Attorney-General's consent
No prosecution for an offence against section 134 1971 No 150 s 26
136: Condition in restraint of marriage
, civil union, or de facto relationship A condition, whether oral or contained in a deed, will, or other instrument, which restrains or has the effect of restraining a person from marrying or entering into a civil union or de facto relationship or enter into a civil union or de facto relationship with 1971 No 150 s 27(1) Section 136 heading amended 20 September 2007 section 4(1) Human Rights Amendment Act 2007 Section 136 amended 20 September 2007 section 4(2) Human Rights Amendment Act 2007 Section 136 amended 20 September 2007 section 4(3) Human Rights Amendment Act 2007
137: Advisors to be officials
1: Every person engaged by the Commission in connection with its work is an official for the purposes of sections 105 105A
2: This section does not limit section 135 Section 137 substituted 25 January 2005 section 200 Crown Entities Act 2004
138: No adverse statement
The Commission must not 1977 No 49 s 78(2) 1991 No 126 s 32 Section 138 amended 1 January 2002 section 36 Human Rights Amendment Act 2001
139: Restriction on delegation
1: The Commission may not delegate the powers or functions in section 7 section 76
2: In other respects, section 73 Section 139 substituted 25 January 2005 section 200 Crown Entities Act 2004
140: Delegation of powers by
Chief Commissioner
1: The Chief Human Rights Commissioner any of the Chief Commissioner's
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 Chief
c: may be made either generally or in relation to any particular case or class of cases; and
d: is revocable at will and, until revoked, continues in force according to its tenor.
3: If a function or power is delegated under this section, the performance or exercise of the function or power must not be inconsistent with determinations of the Commission under section 7
4: If a function or power is delegated under this section and the Chief
5: A person purporting to exercise a function or power of the Chief Commissioner
6: Sections 62 to 72
7: Sections 74 to 76 1977 No 49 s 80 Section 140 substituted 1 January 2002 section 37 Human Rights Amendment Act 2001 Section 140 heading amended 15 June 2016 section 16(1) Human Rights Amendment Act 2016 Section 140(1) amended 15 June 2016 section 16(2)﻿(a) Human Rights Amendment Act 2016 Section 140(1) amended 15 June 2016 section 16(2)﻿(b) Human Rights Amendment Act 2016 Section 140(2)﻿(b) amended 15 June 2016 section 16(3) Human Rights Amendment Act 2016 Section 140(4) amended 15 June 2016 section 16(4) Human Rights Amendment Act 2016 Section 140(5) amended 15 June 2016 section 16(5) Human Rights Amendment Act 2016 Section 140(6) added 25 January 2005 section 200 Crown Entities Act 2004 Section 140(7) added 25 January 2005 section 200 Crown Entities Act 2004
141: Annual report
Section 141 repealed 25 January 2005 section 200 Crown Entities Act 2004
141A: Certain acts not to be questioned
Section 141A repealed 15 June 2016 section 17(1) Human Rights Amendment Act 2016
142: Money to be appropriated by Parliament for purposes of this Act
Section 142 repealed 25 January 2005 section 200 Crown Entities Act 2004
143: Offences
Every person commits an offence against this Act and is liable on
a: without lawful justification or excuse, wilfully obstructs, hinders, or resists the Commission or a Commissioner or any other person in the exercise of its or his or her powers under this Act:
b: without lawful justification or excuse, refuses or wilfully fails to comply with any lawful requirement of the Commission or a Commissioner or any other person under this Act:
c: makes any false statement knowing it to be false or intentionally misleads or attempts to mislead the Commission or a Commissioner or any other person in the exercise of its or his or her powers under this Act. 1971 No 150 s 29 1977 No 49 s 84 Section 143 amended 1 July 2013 section 413 Criminal Procedure Act 2011
144: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing the procedure to be followed under this Act in respect of complaints to and proceedings before the Commission
b: prescribing forms for the purposes of this Act, and requiring the use of such forms:
c: providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
2: For the avoidance of doubt, it is hereby declared that the power conferred by subsection (1) to make regulations in respect of proceedings before the Tribunal includes power to make regulations in respect of proceedings in connection with the exercise or performance of any function, power, or duty conferred or imposed on the Tribunal by or under any other enactment.
3: Regulations under this section are secondary legislation ( see Part 3 1977 No 49 s 85(1) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 144(1)﻿(a) amended 1 January 2002 section 39 Human Rights Amendment Act 2001 Section 144(2) added 21 October 1994 section 82 Health and Disability Commissioner Act 1994 Section 144(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
145: Related amendments to other enactments
Section 145 repealed 1 January 2002 section 40 Human Rights Amendment Act 2001
146: Repeals
Section 146 repealed 1 January 2002 section 40 Human Rights Amendment Act 2001
147: Revocation
Section 147 repealed 1 January 2002 section 40 Human Rights Amendment Act 2001 Transitional provisions Heading substituted 1 January 2002 section 40 Human Rights Amendment Act 2001
148: Former office of Commissioner abolished
1: The office of Commissioner under section 7(1)
2: No person is entitled to compensation for loss of office as a Commissioner under subsection (1). Section 148 substituted 1 January 2002 section 40 Human Rights Amendment Act 2001
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) section 8(1)﻿(a) section 5
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) section 5
3: Every person who, immediately before the commencement of this section, held office as Commissioner under section 7(1)﻿(e) section 8(1)﻿(d) section 5
4: The Privacy Commissioner appointed under the Privacy Act 2020 section 7(1)﻿(d) Human Rights Amendment Act 2001
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) Section 148A inserted 1 January 2002 section 40 Human Rights Amendment Act 2001 Section 148A(4) amended 1 December 2020 section 217 Privacy Act 2020 Race Relations Conciliator Heading inserted 1 January 2002 section 40 Human Rights Amendment Act 2001
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. Section 148B inserted 1 January 2002 section 40 Human Rights Amendment Act 2001
148C: References to Race Relations Conciliator
1: From the commencement of this section, unless the context otherwise requires, every reference to the Race Relations Conciliator 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. Section 148C inserted 1 January 2002 section 40 Human Rights Amendment Act 2001
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. Section 148D inserted 1 January 2002 section 40 Human Rights Amendment Act 2001
148E: Commission to arrange final audited accounts
The Commission must perform the duties that the Race Relations Conciliator would have had to perform under section 41 Human Rights Amendment Act 2001 Section 148E inserted 1 January 2002 section 40 Human Rights Amendment Act 2001
148F: All employees transferred to Commission
1: Every person employed by the Race Relations Conciliator immediately 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.
2: For the purposes of every enactment, law, contract, and agreement relating to the employment of the employee,—
a: the contract of employment of that employee is taken to be unbroken; and
b: the employee's period of service with the Race Relations 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 employee of the Race Relations Conciliator. Section 148F inserted 1 January 2002 section 40 Human Rights Amendment Act 2001 Proceedings Commissioner Heading inserted 1 January 2002 section 40 Human Rights Amendment Act 2001
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) section 20A section 5
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. Section 148G inserted 1 January 2002 section 40 Human Rights Amendment Act 2001
148H: References to Proceedings Commissioner
From the commencement of this section, unless the context otherwise requires, every reference to the Proceedings Commissioner in any instrument, document, or notice is to be read as a reference to the Director. Section 148H inserted 1 January 2002 section 40 Human Rights Amendment Act 2001
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 97
a: the Director were the Proceedings Commissioner; and
b: the Office of Human Rights Proceedings were the Commission; and
c: the Human Rights Review Tribunal were the Complaints Review Tribunal. Section 148I inserted 1 January 2002 section 40 Human Rights Amendment Act 2001
148J: Complaints referred to Proceedings Commissioner for decision as to proceedings
1: Subsection (2) applies—
a: if a complaint is referred to the Proceedings Commissioner under section 75(g)
b: if the Proceedings Commissioner was required to decide whether to institute proceedings against a party to a settlement under section 82(1)﻿(c)
2: If this subsection applies,—
a: if the Commissioner has not made a decision on whether to institute proceedings, the Director must decide, under section 90(1)﻿(c)
b: 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:
c: if the Commissioner has made a decision not to institute proceedings, that decision is deemed to have been made by the Director. Section 148J inserted 1 January 2002 section 40 Human Rights Amendment Act 2001
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 agreement relating to the employment of the employee,—
a: the contract of employment of that employee is taken to have been unbroken; and
b: 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.
3: An employee of the Commission who is transferred to the Office 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
b: the person has ceased (as a result of the transfer) to be an employee of the Commission. Section 148K inserted 1 January 2002 section 40 Human Rights Amendment Act 2001 Complaints Division Heading inserted 1 January 2002 section 40 Human Rights Amendment Act 2001
148L: Complaints Division abolished
The Complaints Division of the Commission is abolished. Section 148L inserted 1 January 2002 section 40 Human Rights Amendment Act 2001
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 Commission under Part 3 section 9 section 76(2)﻿(a)
2: For the purposes of subsection (1),—
a: if the Complaints Division has called a conciliation conference under section 80(1)
b: if section 79(2)
3: Despite subsection (1), if, in relation to a complaint, the Complaints Division has decided not to investigate the complaint further under section 76(1) section 77(1)﻿(a) Section 148M inserted 1 January 2002 section 40 Human Rights Amendment Act 2001
148N: Breaches of Part 1A
No act or omission that occurred before 1 January 2002 is capable of being in breach of Part 1A
a: the act or omission continues on or after 1 January 2002; or
b: in the case of an enactment, the enactment is in force on or after 1 January 2002. Section 148N inserted 1 January 2002 section 40 Human Rights Amendment Act 2001
148O: Complaints about breaches of Part 1A
1: Despite section 76 Part 1A
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 Section 148O inserted 1 January 2002 section 40 Human Rights Amendment Act 2001 Savings
149: Special provisions in relation to written employment contracts in force on 1 April 1992
1: This section applies to every employment contract (whether a collective employment contract or an individual employment contract) that—
a: is in writing; and
b: was in force on 1 April 1992; and
c: specifies an age at which an employee is required to retire.
2: Where the parties to an employment contract to which this section applies agree in writing, at any time on or after 1 April 1992, to confirm or vary the age specified in the employment contract, the age, as so confirmed or varied, shall have effect notwithstanding section 22
3: Where the parties to an employment contract to which this section applies have not agreed in writing to confirm or vary the age specified in the employment contract, section 22
4: Where, as at 1 April 1992, the age at which an employer is required to retire, under a term of that employee's employment contract, was specified only in a document that sets out the employer's policy on the retirement ages of the employer's employees or any of them, this section shall not apply in relation to that employee's employment contract. 1977 No 49 s 15C 1992 No 16 s 4
150: Charitable instruments
1: Nothing in this Act shall apply—
a: to any provision in an existing or future will, deed, or other instrument where that provision confers charitable benefits, or enables charitable benefits to be conferred, on persons against whom discrimination is unlawful by virtue of Part 2
b: to any act done in order to comply with any provision described in paragraph (a).
2: For the purposes of this section, charitable benefits 1971 No 150 s 36(1) 1977 No 49 s 91(1) 1983 No 56 s 18(1)
151: Other enactments and actions not affected
Section 151 repealed 1 January 2002 section 41 Human Rights Amendment Act 2001
152: Expiry of section 151
Section 152 repealed 1 January 2002 section 41 Human Rights Amendment Act 2001
153: Savings
1: Nothing in this Act affects that may be brought other than under this Act must
2: Subject to subpart 5 Part 2
3: Nothing in this Act shall affect any enactment or rule of law, or any policy or administrative practice of the Government of New Zealand, that—
a:
b: distinguishes between New Zealand citizens and other persons, or between British subjects or Commonwealth citizens and aliens.
4: 1971 No 150 s 37 1977 No 49 ss 86, 93 Section 153(1) amended 1 January 2002 section 42(1)﻿(a) Human Rights Amendment Act 2001 Section 153(1) amended 1 January 2002 section 42(1)﻿(b) Human Rights Amendment Act 2001 Section 153(1) amended 1 January 2002 section 42(1)﻿(c) Human Rights Amendment Act 2001 Section 153(2) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 153(3)﻿(a) repealed 1 January 2002 section 42(2) Human Rights Amendment Act 2001 Section 153(4) repealed 1 January 2002 section 42(2) Human Rights Amendment Act 2001