Title
1 Short Title and commencement
2 Interpretation
3 Act to bind the Crown
Part 1
Human Rights Commission
4 Continuation of Human Rights Commission
Functions and powers of Commission
5 Functions of Commission
6 Powers relating to declaratory judgments
Activities in performance of Commission's functions
7 Commission determines general nature of activities
Membership of Commission
8 Membership of Commission
9 Alternate Commissioners
Functions of Commissioners
[Repealed]
10 Meetings of Commission
Criteria for appointment
11 Criteria for appointment
Complaints Division
[Repealed]
12 Further criteria for appointment of Chief Commissioner
13 Further criteria for appointment of Race Relations Commissioner
Further provisions on Commissioners and alternate Commissioners
[Repealed]
14 Further criteria for appointment of Equal Employment Opportunities Commissioner
Functions of Commissioners
15 Functions of Chief Commissioner
16 Functions of Race Relations Commissioner
17 Functions of Equal Employment Opportunities Commissioner
General manager and staff of Commission
18 General manager and staff of Commission
Commissioners to act independently
19 Duty to act independently
Office of Human Rights Proceedings
20 Office of Human Rights Proceedings
Director of Human Rights Proceedings
20A Director of Human Rights Proceedings
20B Criteria and requirement for appointment
Appointment of Judge as Human Rights Commissioner
20C Appointment of Judge as Human Rights Commissioner
Provisions relating to office holders
20D Office holders to whom sections 20E to 20G apply
20E Service in office [Repealed]
20F Term of office
20G Vacation of office
Administrative provisions relating to Human Rights Commission and Office of Human Rights Proceedings
20H Administrative provisions set out in Schedules 1 and 2
Part 1A
Discrimination by Government, related persons and bodies, or persons or bodies acting with legal authority
20I Purpose of this Part
20J Acts or omissions in relation to which this Part applies
20K Purposes for which section 20L applies
20L Acts or omissions in breach of this Part
Part 2
Unlawful discrimination
Application of Part to persons and bodies referred to in section 3 of New Zealand Bill of Rights Act 1990
21A Application of this Part limited if section 3 of New Zealand Bill of Rights Act 1990 applies
Acts or omissions authorised or required by law
21B Relationship between this Part and other law
Prohibited grounds of discrimination
21 Prohibited grounds of discrimination
Discrimination in employment matters
22 Employment
23 Particulars of applicants for employment
Exceptions in relation to employment matters
24 Exception in relation to crews of ships and aircraft
25 Exception in relation to work involving national security
26 Exception in relation to work performed outside New Zealand
27 Exceptions in relation to authenticity and privacy
28 Exceptions for purposes of religion
29 Further exceptions in relation to disability
30 Further exceptions in relation to age
30A Exception in relation to employment-related retirement benefits
31 Exception in relation to employment of a political nature
32 Exception in relation to family status
33 Armed forces [Repealed]
34 Regular forces
35 General qualification on exceptions
Discrimination in partnerships
36 Partnerships
Discrimination by industrial and professional associations, qualifying bodies, and vocational training bodies
37 Organisations of employees or employers and professional and trade associations
38 Qualifying bodies
39 Exceptions in relation to qualifying bodies
40 Vocational training bodies
41 Exceptions in relation to vocational training bodies
Discrimination in access to places, vehicles, and facilities
42 Access by the public to places, vehicles, and facilities
43 Exceptions in relation to access by the public to places, vehicles, and facilities
Discrimination in provision of goods and services
44 Provision of goods and services
45 Exception in relation to courses and counselling
46 Exception in relation to public decency or safety
47 Exception in relation to skill
48 Exception in relation to insurance
49 Exception in relation to sport
50 Exception in relation to travel services
51 Exception in relation to reduced charges
52 Exception in relation to disability
Discrimination in provision of land, housing, and other accommodation
53 Land, housing, and other accommodation
54 Exception in relation to shared residential accommodation
55 Exception in relation to hostels, institutions, etc
56 Further exception in relation to disability
Discrimination in access to educational establishments
57 Educational establishments
58 Exceptions in relation to establishments for particular groups
59 Exception in relation to courses and counselling
60 Further exceptions in relation to disability
Other forms of discrimination
61 Racial disharmony
62 Sexual harassment
63 Racial harassment
64 Choice of procedures [Repealed]
65 Indirect discrimination
66 Victimisation
67 Advertisements
68 Liability of employer and principals
69 Further provision in relation to sexual or racial harassment in employment
Special provisions relating to superannuation schemes
70 Superannuation schemes
71 Reports on superannuation schemes
72 Power to vary trust deeds
Other matters
73 Measures to ensure equality
74 Measures relating to pregnancy, childbirth, or family responsibilities
Part 3
Resolution of disputes about compliance with Part 1A and Part 2
75 Object of this Part
76 Functions of Commission under this Part
77 Dispute resolution services
78 Method of providing services
79 How complaints received to be treated
79A Choice of procedures
80 Taking action or further action in relation to complaint
81 Commission to inform parties of process
82 Information gathering and disclosure by Commission
83 Settlement
84 Reference of complaint to Director or from Director or Tribunal
85 Confidentiality of information disclosed at dispute resolution meeting
86 Evidence as to dispute resolution meeting
87 Certain information not to be made available
88 Limits on effect of section 80(1) or sections 85 to 87
89 Enforcement of terms of settlement agreed by parties
90 Functions of Director of Human Rights Proceedings under this Part
91 Requirements for Director's decisions under section 90
92 Matters Director to have regard to in deciding whether to provide representation in proceedings before Tribunal or in related proceedings
92A Director to notify and report on decisions on representation
Proceedings
92B Civil proceedings arising from complaints
92BA Lodging of applications
92C Representation in civil proceedings arising from complaints
92D Tribunal may refer complaint back to Commission, or adjourn proceedings to seek resolution by settlement
92E Civil proceedings arising from inquiry by Commission
92F Proof of justified limits and exceptions
92G Right of Attorney-General to appear in civil proceedings
92H Right of Commission to appear in civil proceedings
Remedies
92I Remedies
92J Remedy for enactments in breach of Part 1A
92K Effect of declaration
92L Costs
92M Damages
92N Directions as to payment of damages in certain cases
92O Tribunal may defer or modify remedies for breach of Part 1A or Part 2 or terms of settlement
92P Matters to be taken into account in exercising powers given by section 92O
Monetary limits on remedies Tribunal may grant
92Q Monetary limits on remedies Tribunal may grant
Granting of remedies by High Court on reference from Tribunal
92R Tribunal to refer granting of remedies to High Court
92S Further provisions on reference to High Court
92T High Court decides remedies on reference from Tribunal
92U High Court's decision on remedies to be included in, and given effect to as part of, Tribunal's determination
Abandonment or agreement to bring claim within Tribunal's jurisdiction
92V Abandonment to enable Tribunal to make award of damages
92W Extension of jurisdiction by agreement between parties
Part 4
Human Rights Review Tribunal
93 Human Rights Review Tribunal
Functions and powers of Tribunal
94 Functions of Tribunal
95 Power to make interim order
96 Review of interim orders
97 Power in respect of exception for genuine occupational qualification or genuine justification
Constitution of Tribunal
98 Membership of Tribunal
99 Chairpersons of Tribunal
99A Criteria and requirement for appointment of Chairpersons
100 Appointment and term of office
101 Panel
102 Deputy Chairperson
103 Vacation of office by Chairperson and Deputy Chairperson
Procedure of Tribunal
104 Sittings of Tribunal
105 Substantial merits
106 Evidence in proceedings before Tribunal
107 Sittings to be held in public except in special circumstances
108 Persons entitled to be heard
108A Tribunal to give notice of proceedings
108B Submissions in relation to remedies
109 Witness summons
110 Service of summons
111 Witnesses' allowances
112 Privileges and immunities
113 Non-attendance or refusal to co-operate
114 Power to commit for contempt
115 Tribunal may dismiss trivial, etc, proceedings
116 Reasons to be given
117 Seal of Tribunal
118 Members of Tribunal not personally liable
119 Fees of members of Tribunal
120 Services for Tribunal
121 Enforcement
122 Stating case for High Court
122A Removal to High Court of proceedings or issue
122B Proceedings or issue removed to High Court
123 Appeals to High Court
124 Appeal to Court of Appeal on a question of law
125 Costs of appeal
126 Additional members of High Court for purposes of Act
Part 5
Powers in relation to inquiries
126A Evidence order
127 Evidence
128 Protection and privileges of witnesses, etc
129 Disclosure of certain matters not to be required
130 Proceedings privileged
Part 6
Inciting racial disharmony
131 Inciting racial disharmony
132 No prosecution without Attorney-General's consent
Part 7
Miscellaneous provisions
133 Licences and registration
134 Access by the public to places, vehicles, and facilities
135 No prosecution without Attorney-General's consent
136 Condition in restraint of marriage, civil union, or de facto relationship
137 Advisors to be officials
138 No adverse statement
139 Restriction on delegation
140 Delegation of powers by certain Commissioners
141 Annual report [Repealed]
141A Certain acts not to be questioned
142 Money to be appropriated by Parliament for purposes of this Act [Repealed]
143 Offences
144 Regulations
145 Related amendments to other enactments [Repealed]
146 Repeals [Repealed]
147 Revocation [Repealed]
Transitional provisions
148 Former office of Commissioner abolished
148A Certain former Commissioners to be transitional members of Commission
Race Relations Conciliator
148B Assets and liabilities vest in Commission
148C References to Race Relations Conciliator
148D Proceedings
148E Commission to arrange final audited accounts
148F All employees transferred to Commission
Proceedings Commissioner
148G Proceedings Commissioner
148H References to Proceedings Commissioner
148I Proceedings to which Proceedings Commissioner party
148J Complaints referred to Proceedings Commissioner for decision as to proceedings
148K Transfer of employees from Commission to Office
Complaints Division
148L Complaints Division abolished
148M Outstanding complaints to be dealt with by Commission under new procedure
148N Breaches of Part 1A
148O Complaints about breaches of Part 1A
Savings
149 Special provisions in relation to written employment contracts in force on 1 April 1992
150 Charitable instruments
151 Other enactments and actions not affected [Repealed]
152 Expiry of section 151 [Repealed]
153 Savings
Schedule 1
Administrative provisions applying in respect of Commission
Schedule 2
Administrative provisions applying in respect of Office of Human Rights Proceedings
Schedule 3
Enactments repealed
[Repealed]
Human Rights Amendment Act 1994
Reprint notes