(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 of the Crown Entities Act 2004.

(3) The Crown Entities Act 2004 applies to the Commission except to the extent that this Act expressly provides otherwise.

(4) Despite anything in any other Act, the powers of the Commission under sections 16 and 17 of the Crown Entities Act 2004 may be exercised only—

• (a) by persons authorised by or under this Act or the Crown Entities Act 2004 to perform functions of the Commission, for the purposes of performing those functions; or

• (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.

(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.

(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 affecting human rights, including statements promoting an understanding of, and compliance with, this Act or the New Zealand Bill of Rights Act 1990 (for example, statements promoting understanding of measures to ensure equality, of indirect discrimination, or of institutions and procedures under this Act for dealing with complaints of unlawful discrimination):

• (d) to promote by research, education, and discussion a better understanding of the human rights dimensions of the Treaty of Waitangi and their relationship with domestic and international human rights law:

• (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 or section 92B or section 92E or section 92H or 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) of this subsection:

• (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) the implications of any proposed legislation (including subordinate legislation) or proposed policy of the Government that the Commission considers may affect human rights:

• (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) [Repealed]

• (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.

(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, the Commission may, despite anything to the contrary in that Act or any other enactment or rule of law, institute proceedings under that Act.

(2) The Commission may exercise the right in subsection (1) only if it considers that the exercise of the right will facilitate the performance of its functions stated in section 5(2)(a).

(3) Subsection (1) does not limit the ability of the Commission to appear in or bring proceedings under section 92B or section 92E or section 92H or section 97.

(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 of the Crown Entities Act 2004, the members of the Commission acting together determine the strategic direction and the general nature of activities undertaken in the performance of the Commission's functions.

(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.

(1) The Commission consists of the following Human Rights Commissioners:

• (a) a Commissioner appointed as the Chief Commissioner, whose office is a full-time one:

• (b) a Commissioner appointed as the Race Relations Commissioner, whose office is also a full-time one:

• (c) a Commissioner appointed as the Equal Employment Opportunities Commissioner, whose office is also a full-time one:

• (d) No more than 5 other Commissioners, whose offices are each part-time ones.

(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 for the same term as he or she is Chief Commissioner.

(4) Clauses 1 to 5 of Schedule 5 of the Crown Entities Act 2004 do not apply to the Commission.

(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); or

• (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.

(1) [Repealed]

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

(3) Subsection (2) applies in addition to clause 7(2) of Schedule 5 of the Crown Entities Act 2004.

(4) [Repealed]

(5) [Repealed]

(6) [Repealed]

(7) [Repealed]

(8) [Repealed]

(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 and rights of indigenous peoples:

  • (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 of the Crown Entities Act 2004.

(2) Nothing in this section limits section 12 section 13 or section 14.

In recommending a person for appointment as Chief Commissioner, the Minister must have regard not only to the criteria stated in section 11 but also to the person's—

• (a) ability to provide leadership in relation to the 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.

In recommending a person for appointment as Race Relations Commissioner, the Minister must have regard not only to the criteria stated in section 11 but also to the person's—

• (a) understanding of current race relations in New Zealand, and of the origins and development of those relations:

• (b) appreciation of issues or trends in race relations arising in other countries or internationally, and of the relevance of those issues or trends for New Zealand:

• (c) ability to perform the functions stated in section 16.

In recommending a person for appointment as the Equal Employment Opportunities Commissioner, the Minister must have regard not only to the criteria stated in section 11 but also to the person's—

• (a) understanding of principles relating to equal employment opportunities:

• (b) appreciation of issues, trends, and developments in the promotion of equal employment opportunities in other countries and internationally, and the relevance of those issues, trends, or developments in New Zealand:

• (c) ability to perform the functions stated in section 17.

(1) The Chief Commissioner has the following functions:

• (a) to chair the Commission, and lead discussions of the Commission (except when the Commission has discussions on matters of race relations):

• (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 allocate spheres of responsibility among the Commissioners, and to determine the extent to which Commissioners engage in activities undertaken in the performance of the Commission's functions (except for those stated in section 76), but in each case only after consultation with the Minister:

• (d) to act jointly with the Race Relations Commissioner on matters of race relations arising in the course of activities undertaken in the performance of the Commission's functions and to carry out the functions conferred on the Chief Commissioner by section 16(c) and (d):

• (e) to act jointly with the Equal Employment Opportunities Commissioner on matters concerning equal employment opportunities arising in the course of activities undertaken in the performance of the Commission's functions, and to carry out the functions conferred on the Chief Commissioner by section 17(g):

• (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.

(2) Subsection (1)(d) and (e) is subject to section 7(2).

The Race Relations Commissioner has the following functions:

• (a) to lead discussions of the Commission in relation to matters of race relations:

• (b) to provide advice and leadership on matters of race relations arising in the course of activities undertaken in the performance of the Commission's functions, both when engaging in those activities and otherwise when consulted:

• (c) to ensure, acting jointly with the Chief Commissioner, that activities undertaken in the performance of the Commission's functions in matters of race relations are consistent with the strategic direction and other determinations of the Commission under section 7:

• (d) to supervise and liaise with the General manager, acting jointly with the Chief Commissioner, on the activities undertaken in the performance of the Commission's functions in matters of race relations:

• (e) any other functions, powers, or duties conferred or imposed on him or her by or under this Act or any other enactment.

The Equal Employment Opportunities Commissioner has the following functions:

• (a) to lead discussions of the Commission about equal employment opportunities (including pay equity):

• (b) to provide advice and leadership on equal employment opportunities arising in the course of activities undertaken in the performance of the Commission's functions, both when engaging in those activities and otherwise when consulted:

• (c) to evaluate, through the use of benchmarks developed by the Commissioner, the role that legislation, guidelines, and voluntary codes of practice play in facilitating and promoting best practice in equal employment opportunities:

• (d) to lead development of guidelines and voluntary codes of practice to facilitate and promote best practice in equal employment opportunities (including codes that identify related rights and obligations in legislation), in accordance with section 5(2)(e):

• (e) 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:

• (f) to liaise with, and complement the work of, any trust or body that has as 1 of its purposes the promotion of equal employment opportunities (including pay equity):

• (g) to ensure, acting jointly with the Chief Commissioner, that activities undertaken in the performance of the Commission's functions in matters of equal employment opportunities are consistent with the strategic direction and other determinations of the Commission under section 7:

• (h) any other functions, powers, or duties conferred or imposed on him or her by or under this Act or any other enactment.

(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 of Schedule 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.

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).

(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.

(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.

(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.

(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.

(1) Sections 20F and 20G each applies to a person (the office holder) who holds 1 of the following offices (the office):

• (a) [Repealed]

• (b) [Repealed]

• (c) Director of Human Rights Proceedings:

• (d) alternate Director of Human Rights Proceedings.

(2) [Repealed]

(3) [Repealed]

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, continues in it until his or her successor comes into it, even though the term for which he or she was appointed has expired.

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, adjudged bankrupt:

• (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.

(1) Schedule 1 applies in respect of the Commission.

(2) Schedule 2 applies in respect of the Office.

The purpose of this Part is to provide that, in general, an act or omission that is inconsistent with the right to freedom from discrimination affirmed by section 19 of the New Zealand Bill of Rights Act 1990 is in breach of this Part if the act or omission is that of a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990.

(1) This Part applies only in relation to an act or omission of a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990, namely—

• (a) the legislative, executive, or judicial branch of the 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, and 66.

(3) If this Part applies in relation to an act or omission, Part 2 does not apply to that act or omission.

(4) Nothing in this Part affects the New Zealand Bill of Rights Act 1990.

Section 20L applies only for the purposes of—

• (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 concerning the provision of representation in proceedings before the Human Rights Review Tribunal:

• (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.

(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 of the New Zealand Bill of Rights Act 1990.

(2) For the purposes of subsection (1), an act or omission is inconsistent with section 19 of the New Zealand Bill of Rights Act 1990 if the act or omission—

• (a) limits the right to freedom from discrimination affirmed by that section; and

• (b) is not, under section 5 of the New Zealand Bill of Rights Act 1990, a justified limitation on that right.

(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.

(1) The only provisions of this Part that apply to an act or omission of a person or body described in subsection (2) are—

• (a) sections 21 to 35 (which relate to discrimination in employment matters), 61 to 64 (which relate to racial disharmony, and social and racial harassment) and 66 (which relates to victimisation); and

• (b) sections 65 and 67 to 74, but only to the extent that those sections relate to conduct that is unlawful under any of the provisions referred to in paragraph (a).

(2) The persons and bodies referred to in subsection (1) are the ones referred to in section 3 of the New Zealand Bill of Rights Act 1990, namely—

• (a) 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.

(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.

(1) For the purposes of this Act, the prohibited grounds of discrimination are—

• (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 guide dog, wheelchair, or other remedial means:

  • (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 and section 70 of this Act and in relation to any different treatment based on age that occurs in the period beginning with the 1st day of February 1994 and ending with the close of the 31st day of January 1999, any age commencing with the age of 16 years and ending with the date on which persons of the age of the person whose age is in issue qualify for national superannuation under section 7 of the New Zealand Superannuation and Retirement Income Act 2001 (irrespective of whether or not the particular person qualifies for national superannuation at that age or any other age):

  • (ii) For the purposes of sections 22 to 41 and section 70 of this Act and in relation to any different treatment based on age that occurs on or after the 1st day of February 1999, any age commencing with the age of 16 years:

  • (iii) For the purposes of any other provision of Part 2 of this Act, any age commencing with the age of 16 years:

• (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 under the Social Security Act 1964 or an entitlement under the Injury Prevention, Rehabilitation, and 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 with, a particular person; or

  • (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) of this section 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.

(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.

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 of this Act.

Nothing in section 22 of this Act shall apply to the employment or an application for employment of a person on a ship or aircraft, not being a New Zealand ship or aircraft, if the person employed or seeking employment was engaged or applied for it outside New Zealand.

(1) Nothing in section 22 of this Act shall apply to any restrictions on the employment of any person on work involving the national security of New Zealand—

• (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) or section 21(1)(h)(iv) of this Act; or

  • (iv) Family status, within the meaning of section 21(1)(l)(iii) or section 21(1)(l)(iv) of this Act; or

  • (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 of this Act to decline to employ a person under the age of 20 years on work involving the national security of New Zealand where that work requires a secret or top secret security clearance.

Nothing in section 22 of this Act shall prevent different treatment based on sex, religious or ethical belief, or age if the duties of the position in respect of which that treatment is accorded—

• (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.

(1) Nothing in section 22 of this Act shall prevent different treatment based on sex or age where, for reasons of authenticity, being of a particular sex or age is a genuine occupational qualification for the position or employment.

(2) Nothing in section 22 of this Act shall prevent different treatment based on sex, religious or ethical belief, disability, age, political opinion, or sexual orientation where the position is one of domestic employment in a private household.

(3) Nothing in section 22 of this Act shall prevent different treatment based on sex where—

• (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 one 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 of this Act shall prevent different treatment based on sex, race, ethnic or national origins, or sexual orientation where the position is that of a counsellor on highly personal matters such as sexual matters or the prevention of violence.

(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 of this Act by omitting to apply that term or condition in respect of employees of a particular sex or marital status if in all the circumstances it is not reasonably practicable for the employer to do so.

(1) Nothing in section 22 of this Act shall prevent different treatment based on sex where the position is for the purposes of an organised religion and is limited to one sex so as to comply with the doctrines or rules or established customs of the religion.

(2) Nothing in section 22 of this Act shall prevent different treatment based on religious or ethical belief where—

• (a) That treatment is accorded under section 65 of the Private Schools Conditional Integration Act 1975; or

• (b) The sole or principal duties of the position (not being a position to which section 65 of the Private Schools Conditional Integration Act 1975 applies)—

  • (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.

(1) Nothing in section 22 of this Act shall prevent different treatment based on disability where—

• (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) of this section 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 of this Act shall apply to terms of employment or conditions of work that are set or varied after taking into account—

• (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.

(1) Nothing in section 22(1)(a) or section 22(1)(d) of this Act shall apply in relation to any position or employment where being of a particular age or in a particular age group is a genuine occupational qualification for that position or employment, whether for reasons of safety or for any other reason.

(2) Nothing in section 22(1)(b) of this Act shall prevent payment of a person at a lower rate than another person employed in the same or substantially similar circumstances where the lower rate is paid on the basis that the first-mentioned person has not attained a particular age, not exceeding 20 years of age.

(3) Nothing in section 22(1)(a) of this Act shall prevent preferential treatment based on age accorded to persons who are to be paid in accordance with subsection (2) of this section.

(1) Nothing in section 22(1)(b) prevents different treatment based on age with respect to, or in any way related to, the payment of a benefit to an employee on retirement if—

• (a) The employee's entitlement to that benefit (the retirement benefit), or the calculation of that retirement benefit, is determined in whole or in part (and whether directly or indirectly) by the employee's age; and

• (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 under which the employee remains entitled to that retirement benefit:

• (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.

Nothing in section 22 of this Act shall prevent different treatment based on political opinion where the position is one as—

• (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; or

• (d) A member of the staff of a political party.

Nothing in section 22 of this Act shall prevent restrictions imposed by an employer—

• (a) On the employment of any person who is married to, or in a civil union or in a de facto relationship with, or who is a relative of, another employee if—

  • (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 with, or who is a relative of, an employee of another employer if there is a risk of collusion between them to the detriment of that person's employer.

(1) Nothing in section 22(1)(c) or section 22(1)(d) of this Act shall prevent the Chief of Defence Force from instituting, under section 57A of the Defence Act 1990, the discharge or release of a member of the regular forces.

(2) [Repealed]

No employer shall be entitled, by virtue of any of the exceptions in this Part of this Act, 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.

(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.

(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.

(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 includes renew or extend.

(1) Nothing in section 38 of this Act shall apply where the authorisation or qualification is needed for, or facilitates engagement in, a profession or calling for the purposes of an organised religion and is limited to one sex or to persons of that religious belief so as to comply with the doctrines or rules or established customs of that religion.

(2) Nothing in section 38 of this Act shall prevent different treatment based on disability where—

• (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 must,—

• (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 of this Act shall apply where—

• (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.

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.

(1) Nothing in section 40 of this Act shall prevent an organisation or association from affording persons preferential access to facilities for training that would help to fit them for employment where it appears to that organisation or association that those persons are in special need of training by reason of the period for which they have not been engaged in regular full-time employment.

(2) Subject to subsection (3) of this section, nothing in section 40 of this Act shall apply where a person's disability is such that there would be a risk of harm to that person or to others, including the risk of infecting others with an illness, if that person were to be provided with training, or facilities or opportunities for training, and it is not reasonable to take that risk.

(3) Nothing in subsection (2) of this section 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 of this Act shall prevent an organisation or association from providing training, or facilities or opportunities for training (including facilities or opportunities by way of financial grants), only for persons above a particular age or in a particular age group.

(5) Nothing in section 40 of this Act shall prevent the making of financial grants by an organisation or association only to persons above a particular age or in a particular age group.

(6) Nothing in section 40 of this Act shall prevent an organisation or association from charging different fees to persons in different age groups.

(7) Nothing in section 40 makes it unlawful to fail to provide special services or facilities designed for a specified purpose if those special services or facilities cannot reasonably be provided in the circumstances.

(8) In subsection (7), a specified purpose means 1 or more of the following purposes:

• (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.

(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 includes a vessel, an aircraft, or a hovercraft.

(1) Section 42 of this Act shall not prevent the maintenance of separate facilities for each sex on the ground of public decency or public safety.

(2) Nothing in section 42 of this Act requires any person to provide for any person, by reason of the disability of that person, special services or special facilities to enable any such person to gain access to or use any place or vehicle when it would not be reasonable to require the provision of such special services or facilities.

(3) Nothing in subsection (2) limits section 118 of the Building Act 2004.

(4) Subject to subsection (5) of this section, nothing in section 42 of this Act shall apply where the disability of a person is such that there would be a risk of harm to that person or to others, including the risk of infecting others with an illness, if that person were to have access to or use of any place or vehicle and it is not reasonable to take that risk.

(5) Subsection (4) of this section 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.

(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) of this section, but without limiting the meaning of the terms goods, facilities, and services in that subsection, the term facilities includes facilities by way of banking or insurance or for grants, loans, credit, or finance.

(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) of this section, 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.

Nothing in section 44 of this Act shall prevent the holding of courses, or the provision of counselling, restricted to persons of a particular sex, race, ethnic or national origin, or sexual orientation where highly personal matters, such as sexual matters or the prevention of violence, are involved.

Section 44 of this Act shall not apply to the maintenance or provision of separate facilities or services for each sex on the ground of public decency or public safety.

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 of this Act by exercising the skill in relation to one sex only, in accordance with that person's normal practice.

(1) It shall not be a breach of section 44 of this Act to offer or provide annuities, life insurance policies, accident insurance policies, or other policies of insurance, whether for individual persons or groups of persons, on different terms or conditions for each sex or for persons with a disability or for persons of different ages if the different treatment—

• (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 the Government Actuary on the justification for the reliance and for the different treatment.

(1) Subject to subsection (2) of this section, nothing in section 44 of this Act shall prevent the exclusion of persons of one sex from participation in any competitive sporting activity in which the strength, stamina, or physique of competitors is relevant.

(2) Subsection (1) of this section 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 of this Act to exclude any person from any competitive sporting event or activity if that person's disability is such that there would be a risk of harm to that person or to others, including the risk of infecting others with an illness, if that person were to take part in that competitive sporting event or activity and it is not reasonable to take that risk.

(4) It shall not be a breach of section 44 of this Act to conduct competitive sporting events or activities in which only persons with a particular disability or age qualification may take part.

It shall not be a breach of section 44 of this Act to provide group travel services which are expressed to be solely for the benefit of persons in a particular age group.

It shall not be a breach of section 44 of this Act to provide goods, services, or facilities at a reduced fee, charge, or rate on the ground of age, disability, or employment status, whether or not there are conditions applicable to the reduced fee, charge, or rate.

It shall not be a breach of section 44 of this Act for a person who supplies facilities or services—

• (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.

(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.

Nothing in section 53 of this Act shall apply to residential accommodation which is to be shared with the person disposing of the accommodation, or on whose behalf it is disposed of.

Nothing in section 53 of this Act shall apply to accommodation in any hostel or in any establishment (such as a hospital, club, school, university, religious institution, or retirement village), or in any part of a hostel or any such establishment, where accommodation is provided only for persons of the same sex, marital status, or religious or ethical belief, or for persons with a particular disability, or for persons in a particular age group.

(1) Subject to subsection (2) of this section, nothing in section 53 of this Act shall apply, in relation to any accommodation, if the disability of the person is such that 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 live in that accommodation and it is not reasonable to take that risk.

(2) Subsection (1) of this section 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 makes it unlawful to fail to provide special services or facilities designed to make accommodation suitable for occupation by a person with a disability, if those special services or facilities cannot reasonably be provided in the circumstances.

(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 includes an establishment offering any form of training or instruction and an educational establishment under the control of an organisation or association referred to in section 40 of this Act.

(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 of this Act by refusing to admit students of a different sex, race, or religious belief, or students not having that disability or not being in that age group.

(2) Nothing in section 57 of this Act shall prevent an organisation or association from affording persons preferential access to facilities for training that would help to fit them for employment where it appears to that organisation or association that those persons are in special need of training by reason of the period for which they have not been engaged in regular full-time employment.

(3) Nothing in section 57 of this Act shall prevent an organisation or association from providing training, or facilities or opportunities for training (including facilities or opportunities by way of financial grants), only for persons above a particular age or in a particular age group.

(4) Nothing in section 57 of this Act shall prevent the making of financial grants by an organisation or association only to persons above a particular age or in a particular age group.

(5) Nothing in section 57 of this Act shall prevent an organisation or association from charging different fees to persons in different age groups.

Nothing in section 57 of this Act shall prevent the holding or provision, at any educational establishment, of courses or counselling restricted to persons of a particular sex, race, ethnic or national origin, or sexual orientation, where highly personal matters, such as sexual matters or the prevention of violence, are involved.

(1) Nothing in section 57 applies to a person whose disability is such that that person requires special services or facilities that in the circumstances cannot reasonably be made available (being services or facilities that are required to enable the person to participate in the educational programme of an establishment referred to in that section or to enable the person to derive substantial benefits from that programme).

(2) Subject to subsection (3) of this section, nothing in section 57 of this Act shall apply where the person's disability is such that there would be a risk of harm to that person or to others, including the risk of infecting others with an illness, if that person were to be admitted to an educational establishment and it is not reasonable to take that risk.

(3) Nothing in subsection (2) of this section 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.

(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 words which are threatening, abusive, or insulting; or

• (b) To use in any public place as defined in section 2(1) of the Summary Offences Act 1981, or within the hearing of persons in any such public place, or at any meeting to which the public are invited or have access, words which are threatening, abusive, or insulting; or

• (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) of this section to publish in a newspaper, magazine, or periodical or broadcast by means of radio or television a report relating to the publication or distribution of matter by any person or the broadcast or use of words by any person, if the report of the matter or words accurately conveys the intention of the person who published or distributed the matter or broadcast or used the words.

(3) For the purposes of this section,—

(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) of this section) 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) of this section) 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) of this section.

(3) The areas to which subsections (1) and (2) of this section 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.

(4) Where a person complains of sexual harassment, no account shall be taken of any evidence of the person's sexual experience or reputation.

(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) of this section.

(2) The areas to which subsection (1) of this section 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.

Where any conduct, practice, requirement, or condition that is not apparently in contravention of any provision of this Part of this Act has the effect of treating a person or group of persons differently on one of the prohibited grounds of discrimination in a situation where such treatment would be unlawful under any provision of this Part of this Act 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.

(1) It shall be unlawful for any person to treat or to threaten to treat any other person less favourably than he or she would treat other persons in the same or substantially similar circumstances—

• (a) on the ground that that person, or any relative or associate of that person,—

  • (i) intends to make use of his or her rights under this Act or to make a disclosure under the Protected Disclosures Act 2000; or

  • (ii) has made use of his or her rights, or promoted the rights of some other person, under this Act, or has made a disclosure, or has encouraged disclosure by some other person, under the Protected Disclosures Act 2000; or

  • (iii) has given information or evidence in relation to any complaint, investigation, or proceeding under this Act or arising out of a disclosure under the Protected Disclosures Act 2000; 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) On the ground that he or she knows that that person, or any relative or associate of that person, intends to do any of the things mentioned in subparagraphs (i) to (v) of paragraph (a) of this subsection or that he or she suspects that that person, or any relative or associate of that person, has done, or intends to do, any of those things.

(2) Subsection (1) of this section shall not apply where a person is treated less favourably because he or she has knowingly made a false allegation or otherwise acted in bad faith.

(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 of this Act.

(2) For the purposes of subsection (1) of this section, 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.

(1) Subject to subsection (3) of this section, anything done or omitted by a person as the employee of another person shall, for the purposes of this Part of this Act, 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 of this Act, 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.

(1) Where—

• (a) A request of the kind described in section 62(1) of this Act is made to an employee; or

• (b) An employee is subjected to behaviour of the kind described in section 62(2) or section 63 of this Act—

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) of this section,—

• (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) of this section,—

• (a) Either—

  • (i) Makes to that employee after the complaint a request of the kind described in section 62(1) of this Act; or

  • (ii) Subjects that employee after the complaint to behaviour of the kind described in section 62(2) or section 63 of this Act; and

• (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.

(1) Subject to subsection (3) of this section, nothing in section 22 or section 44 of this Act relating to different treatment on the ground of age or disability shall apply to any condition in, or requirement of, a superannuation scheme in existence at the commencement of this Act in relation to a person who was a member of the scheme at the commencement of this Act or who becomes a member of the scheme before the 1st day of 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 or section 44 of this Act shall prevent the provisions of a superannuation scheme from—

• (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 or section 44 of this Act shall prevent the provisions of a superannuation scheme, or the trustees of the scheme, from—

• (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 9C of the Superannuation Schemes Act 1989, requiring persons who become members of the scheme on or after the 1st day of January 1995 to leave the scheme on reaching the age at which persons of that age ordinarily qualify for national superannuation under section 7 of the New Zealand Superannuation and Retirement Income Act 2001; or

• (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 of the scheme to be membership) of the scheme and of any scheme replaced by that scheme, and, in the case of a superannuation scheme provided by an employer, of any scheme to which the employer has paid contributions on behalf of the employee.

(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 the Government Actuary on the justification for the reliance and for the different treatment.

The Commission shall from time to time, after consultation with the Government Actuary, report to the Minister on whether discrimination on the prohibited grounds has been eliminated from superannuation schemes.

(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 may make such amendments to that instrument or those conditions as are necessary or desirable to give effect to the provisions of sections 22, 44, and 70 of this Act.

(2) Every amendment to the provisions of an instrument or conditions governing any superannuation scheme made under subsection (1) of this section on or after the commencement of the Human Rights Amendment Act 1994 must be made by deed.

(1) Anything done or omitted which would otherwise constitute a breach of any of the provisions of this Part of this Act 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 of this Act; 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 of this Act—

• (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.

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 of this Act.

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 or Part 2 are more likely to be successfully resolved if those disputes can be resolved promptly by the parties themselves; and

• (c) recognise that, if disputes about compliance with Part 1A or Part 2 are to be resolved promptly, expert problem-solving support, information, and assistance needs to be available to the parties to those disputes; and

• (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.

(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 or Part 2, by the parties concerned, in the most efficient, informal, and cost-effective manner possible.

(2) The Commission has, in order to carry out its function under subsection (1)(b), the following functions:

• (a) to receive and assess a complaint alleging that there has been a breach of Part 1A or Part 2, or both:

• (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), or the Tribunal under section 92D) for the purposes of paragraphs (c) and (d):

• (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) applies:

• (e) to provide information gathered in relation to a complaint to the parties concerned.

(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 or 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) applies, by the Commission:

• (d) other services (of a type that can address a variety of circumstances) that assist persons to resolve, promptly and effectively, their disputes about compliance with Part 1A or Part 2.

Services provided under section 77 may be provided in any manner, including—

• (a) by a telephone, facsimile, internet, or email service (whether as a means of explaining where information can be found or as a means of actually providing the information or of otherwise seeking to resolve the problem); or

• (b) by publishing pamphlets, brochures, booklets, or codes; 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.

(1) This section applies if the Commission receives, under section 76(2)(a), a complaint alleging that there has been a breach of Part 1A or Part 2 or both Parts.

(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 of the New Zealand Bill of Rights Act 1990, and neither subsection (2) nor subsection (3) applies, the complaint or relevant part of it—

• (a) must be treated only as a complaint that there is a breach of Part 1A, unless the act or omission complained of involves conduct that—

  • (i) is unlawful under any of sections 22, 23, 61 to 63, and 66; or

  • (ii) is unlawful under any of sections 65 and 67 to 74, but only to the extent that those sections relate to conduct that is unlawful under any provision referred to in subparagraph (i):

• (b) must be treated only as a complaint that there has been a breach of the relevant provision or provisions of Part 2 if the act or omission complained of involves conduct that is unlawful under any of sections 22, 23, 61 to 63, and 66.

(5) If the complaint or relevant part of it concerns a breach of Part 2, and none of subsections (2) to (4) applies to the complaint or relevant part of it, the complaint or relevant part of it must be treated only as a complaint that there has been a breach of the relevant provision or provisions of Part 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.

(1) If the circumstances giving rise to a complaint under Part 2 are such that an employee would also be entitled to pursue a personal grievance under the Employment Relations Act 2000, the employee may take 1, but not both, of the following steps:

• (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.

(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, to bring proceedings before the Human Rights Review Tribunal.

(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, and provide them with general information about the matters stated in subsection (3):

• (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, or alleges a breach of Part 2 by a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990, the Attorney-General:

• (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.

(1) When the Commission gathers information about a complaint under section 76(2)(b) for the purposes of section 76(2)(c) or (d)—

• (a) 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), no person is entitled as of right to be heard by the Commission.

(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.

(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), or the Tribunal, under section 92D), or from information gathered in relation to the complaint (including any response made under section 81(4)(b)), that it may be possible to reach a settlement.

(2) The Commission must use its best endeavours to assist the 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.

(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), whether to represent that person in proceedings before the Human Rights Tribunal.

(2) The Commission must promptly inform all parties concerned of every reference of a complaint back to the Commission, whether the reference back is one by the Director, under section 90(1)(b), or one by the Tribunal, under section 92D.

(3) A requirement under this section to inform a person is satisfied if all reasonable efforts have been made to inform the person.

(4) If a complaint is referred back to the Commission by the Director, under section 90(1)(b), or by the Tribunal, under section 92D, the Commission may, without limiting its other powers, require the parties to attend a dispute resolution meeting or other form of mediation designed to facilitate resolution of the complaint.

(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.

(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), is required to be kept confidential.

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 or the Local Government Official Information and Meetings Act 1987 by a person to whom section 85(1) applies, except with the consent of the parties or the relevant party.

Nothing in section 80(1) or sections 85 to 87—

• (a) prevents the discovery or affects the admissibility of any evidence (being evidence that is otherwise 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.

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.

(1) The Director's functions under this Part include, in relation to a complaint,—

• (a) deciding, in accordance with sections 91(1) and 92, whether, and to what extent, to provide representation for a party who requests the Director to provide representation in proceedings before the Tribunal or in related proceedings seeking to enforce a settlement reached on a previous occasion (including a settlement secured at a dispute resolution meeting), and providing representation for the party accordingly:

• (b) deciding, in accordance with section 91(2), whether to refer the complaint back to the Commission:

• (c) deciding, in accordance with sections 91(3) and 92, whether, and to what extent, to provide representation for a complainant, aggrieved person (if not the complainant), or group of persons who requests, or who request, the Director to provide representation in proceedings before the Tribunal or in related proceedings against the person against whom the complaint was made or the Attorney-General, and providing representation for the complainant, aggrieved person, or group of persons, accordingly.

(2) The Director's functions under this Part include, in relation to a request from the Commission to provide representation in proceedings brought under section 92B, section 92E, or section 97 or in proceedings in which the Commission is entitled to appear and be heard under section 92H, deciding, in accordance with sections 91(3) and 92, whether, and to what extent, to provide representation for the Commission in proceedings before the Tribunal or in related proceedings.

(3) In this section and sections 92 and 92C, related proceedings, in relation to proceedings before the Tribunal, means proceedings of any of the following descriptions:

• (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; or

  • (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).

(1) The Director may make a decision under section 90(1)(a) if it appears to him or her that a party has failed to observe the terms of a settlement reached on a previous occasion.

(2) The Director may make a decision under section 90(1)(b) if—

• (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) if it appears to him or her that a settlement has not been reached and that no action or further action by the Commission is likely to facilitate a settlement.

(1) In deciding under section 90(1)(a) or (c) or section 90(2) whether, and to what extent, to provide representation for a complainant, aggrieved person, group of persons, party to a settlement of a complaint, or the Commission, the Director—

• (a) must have regard to the matters stated in subsection (2):

• (b) may have regard to any other matter that the Director considers relevant.

(2) The matters referred to in subsection (1)(a) are—

• (a) whether the complaint raises a significant question of law:

• (b) whether resolution of the complaint would affect a large number of people (for example, because the 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.

(1) Promptly after making a decision under section 90(1)(a) or (c), the Director must notify the complainant, aggrieved person, group of persons, or party seeking to enforce a settlement reached on a previous occasion—

• (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), the Director must notify the Commission—

• (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, but subsequently concludes that there is, or may be, a conflict of interest in the provision, or continued provision, of legal representation by the Director to both the complainant and the Commission, the Director must—

• (a) cease to provide representation to the Commission; and

• (b) promptly advise the Commission of the Director's 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), and, as soon as practicable, the Minister must present a copy of the report to the House of Representatives.

(1) If a complaint referred to in section 76(2)(a) has been made, the complainant, the person aggrieved (if not the complainant), or the Commission may bring civil proceedings before the Human Rights Review Tribunal—

• (a) for a breach of Part 1A (other than a breach of Part 1A that is an enactment, or an act or omission authorised or required by an enactment or otherwise by law), against the person or persons alleged to be responsible for the breach:

• (b) for a breach of Part 1A that is an enactment, or an act or omission authorised or required by an enactment or otherwise by law, against the Attorney-General, or against a person or body referred to in section 3(b) of the New Zealand Bill of Rights Act 1990 alleged to be responsible for the breach:

• (c) for a breach of Part 2, against the person or persons alleged to be responsible for the breach.

(2) If a complaint under section 76(2)(a) relates to a discriminatory practice alleged to be in breach of Part 1A or Part 2 and to affect a class of persons, proceedings under subsection (1) may be brought by the Commission on behalf of the class of persons affected.

(3) A person against whom a complaint referred to in section 76(2)(a) has been made may bring civil proceedings before the Tribunal in relation to the complaint if no proceedings in relation to the complaint have been brought under subsection (1) by, or on behalf of, the complainant or person aggrieved or a class of persons.

(4) If parties to a complaint under section 76(2)(a) have reached a settlement of the complaint (whether through mediation or otherwise) but one of them is failing to observe a term of the settlement, another of them may bring proceedings before the Tribunal to enforce the settlement.

(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) applies.

Proceedings before the Tribunal are to be commenced by the lodging of an application in the prescribed form.

(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), to provide representation for the party in the proceedings.

(2) The Tribunal may, on an application for the purpose by any person, give directions as to the representation, in proceedings before it, of a plaintiff of a kind referred to in section 92N(1) to (3) or of any other party to the proceedings who may be able to bring, take part in, or defend the proceedings, only through a representative.

(3) The Office of Human Rights Proceedings must pay all costs of representation provided—

• (a) by the Director for a complainant, aggrieved person, group of persons, or party to a settlement of a complaint; and

• (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)).

(1) When proceedings under section 92B are brought, the Tribunal—

• (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) to which the proceedings relate back to the Commission unless the Tribunal is satisfied that attempts at resolution, or further attempts at resolution, of the complaint by the parties and the Commission—

  • (i) will not contribute constructively to resolving the complaint; or

  • (ii) will not, in the circumstances, be in the public interest; or

  • (iii) will undermine the urgent or interim nature of the proceedings.

(2) The Tribunal may, at any time before, during, or after the hearing of proceedings, refer a complaint under section 76(2)(a) back to the Commission if it appears to the Tribunal, from what is known to it about the complaint, that the complaint may yet be able to be resolved by the parties and the Commission (for example, by mediation).

(3) The Tribunal may, instead of exercising the power conferred by subsection (2), adjourn any proceedings relating to a complaint under section 76(2)(a) for a specified period if it appears to the Tribunal, from what is known about the complaint, that the complaint may yet be able to be resolved by the parties.

(1) If the Commission considers that an inquiry by it under section 5(2)(h) has disclosed or may have disclosed a breach of a kind referred to in any of paragraphs (a) to (c), it may bring civil proceedings before the Tribunal,—

• (a) for a breach of Part 1A (other than a breach of Part 1A that is an enactment, or an act or omission authorised or required by an enactment or otherwise by law), against the person or persons alleged to be responsible for the breach:

• (b) for a breach of Part 1A that is an enactment, or an act or omission authorised or required by an enactment or otherwise by law, against the Attorney-General, or against a person or body referred to in section 3(b) of the New Zealand Bill of Rights Act 1990 alleged to be responsible for the breach:

• (c) for a breach of Part 2, against the person or persons alleged to be responsible for the breach.

(2) The Commission may exercise the right in subsection (1) only if it considers that the exercise of the right will facilitate the performance of its functions stated in section 5(2)(a).

(3) This section does not limit section 6 or section 92H or section 97.

(1) The onus of proving, in any proceedings under this Part, that an act or omission is, under section 5 of the New Zealand Bill of Rights Act 1990, a justified limit on the right to freedom from discrimination affirmed by section 19 of the New Zealand Bill of Rights Act 1990 lies on the defendant.

(2) The onus of proving, in any proceedings under this Part, that conduct is, under any provision of Part 2, excepted from conduct that is unlawful under any provision of Part 2 lies on the defendant.

(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, or alleging a breach of Part 2 by a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990:

• (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) a 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.

(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) a 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 or section 92E or section 97.

(1) This section is subject to sections 92J and 92K (which relate to the only remedy that may be granted by the Tribunal if it finds that an enactment is in breach of Part 1A).

(2) In proceedings before the Human Rights Review Tribunal brought under section 92B(1) or (4) or section 92E, the plaintiff may seek any of the remedies described in subsection (3) that the plaintiff thinks fit.

(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 or Part 2 or the terms of a settlement of a complaint, the Tribunal may grant 1 or more of the following remedies:

• (a) a declaration that the defendant has committed a breach of Part 1A or Part 2 or the terms of a settlement of a complaint:

• (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 or Part 2 is an illegal contract:

• (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 the Illegal Contracts Act 1970 in respect of any such contract to which the defendant and the complainant or, as the case may be, the aggrieved person are parties:

• (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, the Tribunal must take the conduct of the parties into account in deciding what, if any, remedy to grant.

(5) In proceedings before the Human Rights Review Tribunal brought, under section 92B(3), by the person against whom a complaint was made, that person may seek a declaration that he or she has not committed a breach of Part 1A or Part 2.

(1) If, in proceedings before the Human Rights Review Tribunal, the Tribunal finds that an enactment is in breach of Part 1A, the only remedy that the Tribunal may grant is the declaration referred to in subsection (2).

(2) The declaration that may be granted by the Tribunal, if 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 of the New Zealand Bill of Rights Act 1990.

(3) The Tribunal may not grant a declaration under subsection (2) unless that decision has the support of all or a majority of the members of the Tribunal.

(4) Nothing in this section affects the New Zealand Bill of Rights Act 1990.

(1) A declaration under section 92J does not—

• (a) affect the validity, application, or enforcement of the enactment in respect of which it is given; or

• (b) prevent the continuation of the act, omission, policy, or activity that was the subject of the complaint.

(2) If a declaration is made under section 92J and that declaration is not overturned on appeal or the time for lodging an appeal expires, the Minister for the time being responsible for the administration of the enactment must present to the House of Representatives—

• (a) a report bringing the declaration to the attention of the House of Representatives; and

• (b) a report containing advice on the Government's response to the declaration.

(3) The Minister referred to in subsection (2) must carry out the duties imposed on the Minister by that subsection within 120 days of the date of disposal of all appeals against the granting of the declaration or, if no appeal is lodged, the date when the time for lodging an appeal expires.

(1) In any proceedings under section 92B or section 92E or section 97, the Tribunal may make any award as to costs that it thinks fit, whether or not it grants any other remedy.

(2) Without limiting the matters that the Tribunal may consider in determining whether to make an award of costs under this section, the Tribunal may take into account whether, and to what extent, any party to the proceedings—

• (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.

(1) In any proceedings under section 92B(1) or (4) or section 92E, the Tribunal may award damages against the defendant for a breach of Part 1A or Part 2 or the terms of a settlement of a complaint in respect of any 1 or more of the following:

• (a) pecuniary loss suffered as a result of, and expenses 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, and 92O of this Act and to subpart 1 of Part 2 of the Prisoners' and Victims' Claims Act 2005.

(1) If the plaintiff is a minor who is not married or in a civil union, the Tribunal may, in its discretion, direct the defendant to pay damages awarded under section 92M to Public Trust or to a person or trustee corporation acting as the manager of any property of the plaintiff.

(2) If the plaintiff is a mentally disordered person within the meaning of section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 whose property is not being managed under the Protection of Personal and Property Rights Act 1988, but who lacks, in the opinion of the Tribunal, the mental capacity to manage his or her own affairs in relation to his or her own property, the Tribunal may, in its discretion, direct the defendant to pay damages awarded under section 92M to Public Trust.

(3) If the plaintiff is a person whose property is being managed under the Protection of Personal and Property Rights Act 1988, the Tribunal must ascertain whether the terms of the property order cover management of money received as damages and,—

• (a) if damages fall within the terms of the property order, the Tribunal must direct the defendant to pay damages awarded under section 92M to the person or trustee corporation acting as the property manager; or

• (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 to Public Trust.

(4) If money is paid to Public Trust under any of subsections (1) to (3),—

• (a) section 12 of the Minors' Contracts Act 1969 applies in the case of a minor who is not married or in a civil union; and

• (b) sections 108D, 108F, and 108G of the Protection of Personal and Property Rights Act 1988 apply, with any necessary modifications, in the case of a person referred to in subsection (2) or subsection (3)(b) of this section; and

• (c) section 108E of the Protection of Personal and Property Rights Act 1988 applies, with any necessary modifications, in the case of a person referred to in subsection (3)(a) of this section.

(1) If, in any proceedings under this Part, the Tribunal determines that an act or omission is in breach of Part 1A or Part 2 or the terms of a settlement of a complaint, it may, on the application of any party to the proceedings, take 1 or more of the actions stated in subsection (2).

(2) The actions are,—

• (a) instead of, or as well as, awarding damages or granting any other remedy,—

  • (i) to specify a period during which the defendant must remedy the breach; and

  • (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.

(1) In determining whether to take 1 or more of the actions referred to in section 92O, the Tribunal must take account of the following matters:

• (a) whether or not the defendant in the proceedings has acted in good faith:

• (b) whether or not the interests of any person or body not represented in the proceedings would be adversely affected if 1 or more of the actions referred to in section 92O is, or is not, taken:

• (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 or Part 2 or the terms of a settlement of a complaint:

• (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 or that an act or omission by a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990 is in breach of Part 2, in determining whether to take 1 or more of the actions referred to in section 92O, the Tribunal must, in addition to the matters specified in subsection (1), take account of—

• (a) the requirements of fair public administration; and

• (b) the obligation of the Government to balance competing demands for the expenditure of public money.

(1) Proceedings under section 92B or section 92E may be brought before the Human Rights Review Tribunal irrespective of the amount of damages claimed or the value of the property in respect of which any remedy is sought.

(2) However, except as provided in sections 92R to 92V, the Tribunal must not award any damages or grant any remedy in any proceedings of that kind if the making of that award or the granting of that remedy would, because of the monetary limits contained in sections 29 to 34 of the District Courts Act 1947, be beyond the jurisdiction of a District Court.

(3) For the purposes of subsection (2), if civil proceedings under section 92B are brought on behalf of more than 1 complainant or, as the case may be, more than 1 aggrieved person, those proceedings must, for the purpose of applying any monetary limit under subsection (2), be treated as if each complainant or, as the case may be, each aggrieved person on whose behalf those proceedings are brought, were the plaintiff in a separate action against the defendant.

The Human Rights Review Tribunal must refer the granting of a remedy in any proceedings under section 92B or section 92E to the High Court if the Tribunal is satisfied on the balance of probabilities that a defendant in the proceedings has committed a breach of Part 1A or Part 2 or the terms of a settlement of a complaint, but that—

• (a) the granting of the appropriate remedy under section 92I would be outside the limits imposed by section 92Q; or

• (b) that the granting of a remedy in those proceedings would be better dealt with by the High Court.

(1) A reference under section 92R is made by sending, to the Registrar of the High Court nearest to where the proceedings were commenced, a report on the proceedings that—

• (a) sets out the Tribunal's finding with regard to the breach of Part 1A or Part 2 or the terms of a settlement of a complaint; and

• (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 is the same as the procedure prescribed by rules of court in respect of appeals, and those rules apply with all necessary modifications.

(1) This section applies where the granting of a remedy in any proceedings under section 92B or section 92E is referred to the High Court under section 92R.

(2) The High Court may direct the Tribunal to amplify any report made under section 92S(1).

(3) Every person who, under section 92S(2), is given or sent a copy of a report under section 92S(1) is entitled to be heard and to tender in the High Court evidence as to the remedy (if any) to be granted on the basis of the Tribunal's finding that the defendant has committed a breach of Part 1A or Part 2 or the terms of a settlement of a complaint.

(4) However, no person referred to in subsection (3) may, on the reference under section 92R, challenge the finding of the Tribunal referred to in subsection (3).

(5) The High Court must decide, on the basis of the Tribunal's finding that the defendant has committed a breach of Part 1A or Part 2, whether 1 or more of the remedies set out in section 92I or the remedy set out in section 92J is to be granted.

(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; or

• (b) prevents the making of an appeal in accordance with section 123 in respect of a determination of the Tribunal in which a decision of the High Court is included in accordance with subsection (1)(a).

(1) This section applies where the Tribunal would have jurisdiction in any proceedings under section 92B or section 92E to make an award of damages in accordance with section 92M if the amount of the award were within the limit for the time being fixed by section 29(1) of the District Courts Act 1947 (as applied by section 92Q(2)).

(2) The Tribunal may make an award within that limit if the plaintiff abandons the excess.

(3) An award of damages in those proceedings in accordance with section 92M operates to discharge from liability in respect of the amount abandoned in that way any person against whom the proceedings are brought and the subsequent award is made.

(4) This section overrides sections 92Q to 92U.

(1) If, in any proceedings under section 92B or section 92E, only section 92Q prevents the Tribunal from granting any 1 or more of the remedies stated in section 92I, and the parties to the proceedings, by memorandum signed by them or their respective solicitors or agents, agree that the Tribunal is to have jurisdiction to grant any 1 or more of those remedies irrespective of section 92Q, the Tribunal has jurisdiction to grant 1 or more of those remedies accordingly.

(2) This section overrides sections 92Q to 92U.

The Tribunal constituted by section 45 of the Human Rights Commission Act 1977 and, immediately before 1 January 2002 (being the date of the commencement of the Human Rights Amendment Act 2001), known as the Complaints Review Tribunal shall continue in being, and, on and after 1 January 2002, is called the Human Rights Review Tribunal.

The functions of the Tribunal shall be—

• (a) To consider and adjudicate upon proceedings brought pursuant to sections 92B, 92E, 95, and 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.

(1) In respect of any matter in which the Tribunal has jurisdiction under this Act to make any final determination, the Chairperson of the Tribunal shall have power to make an interim order if he or she is satisfied that it is necessary in the interests of justice to make the order to preserve the position of the parties pending a final determination of the proceedings.

(2) An application for an interim order may be made,—

• (a) in the case of proceedings under section 92B(1), 92B(2), 92B(3), or 92B(4), by the person or body bringing the proceedings; and

• (b) in the case of proceedings under section 92E, by the Commission.

(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.

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.

(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) has been made, or a person who is the subject of an inquiry under 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 is not unlawful because it constitutes either or both—

• (a) a genuine occupational qualification, in respect of sections 22 to 41:

• (b) a genuine justification, in respect of sections 42 to 60.

The Tribunal shall consist of—

• (a) A Chairperson; and

• (b) Two other persons appointed by the Chairperson for the purposes of each hearing from a panel maintained by the Minister under section 101 of this Act.

(1) Every Chairperson of the Tribunal shall be appointed by the Governor-General on the recommendation of the Minister.

(2) Where the Governor-General on the recommendation of the Minister considers it necessary, the Governor-General may appoint 2 persons to the office of Chairperson of the Tribunal.

(3) Where there are 2 Chairpersons of the Tribunal, each Chairperson shall exercise principally those parts of the Tribunal's jurisdiction that are specified from time to time in his or her warrant of appointment but nothing shall prevent each Chairperson from exercising any other part of the Tribunal's jurisdiction.

(4) Where a second Chairperson of the Tribunal is appointed, a new warrant of appointment may be issued to the existing Chairperson specifying the parts of the Tribunal's jurisdiction that the existing Chairperson is principally to exercise.

(5) In this Part of this Act, a reference to “the Chairperson” or “the Chairperson of the Tribunal” shall be read as a reference to either Chairperson where there are 2 Chairpersons of the Tribunal.

(1) In recommending a person for appointment as a Chairperson of the Tribunal, the Minister must have regard not only to the matters stated in section 101(2) but also to the person's—

• (a) experience in dispute resolution:

• (b) experience as a Chairperson and in other leadership roles:

• (c) ability to perform the functions of a Chairperson of the Tribunal.

(2) Every person appointed as a Chairperson of the Tribunal must be a barrister or solicitor of the High Court of not less than 5 years' practice.

(1) [Repealed]

(2) Except as otherwise provided in section 103 of this Act, every person appointed as a Chairperson of the Tribunal shall hold office for such term, not exceeding 5 years, as the Governor-General on the recommendation of the Minister shall specify in the instrument appointing that Chairperson.

(3) Any person appointed as a Chairperson may hold that office concurrently with any other office held by him or her and may from time to time be reappointed.

(4) Where the term for which a Chairperson has been appointed expires, that Chairperson, unless sooner vacating or removed from office under section 103 of this Act, shall continue to hold office, by virtue of the appointment for the term that has expired, until—

• (a) That Chairperson is reappointed; or

• (b) A successor to that Chairperson is appointed; or

• (c) That Chairperson is informed in writing by the Minister that that Chairperson is not to be reappointed and that a successor to that Chairperson is not to be appointed.

(1) The Minister shall maintain a panel of not more than 20 persons who may be appointed pursuant to section 98 of this Act.

(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, adjudged bankrupt; or

• (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 5 years has elapsed since the date on which the Minister last approved the entry of the person's name; or

• (d) The person requests by writing addressed to the Minister that his or her name be removed.

(4) Where subsection (3)(c) or subsection (3)(d) of this section applies, the name of the person shall not be removed from the panel until any hearings in respect of which that person was appointed to the Tribunal have concluded.

(1) In any case in which a Chairperson of the Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if a Chairperson deems it not proper or desirable that he or she should adjudicate on any specified matter, the Governor-General, on the recommendation of the Minister, may appoint a suitable person to be the deputy of that Chairperson to act for that Chairperson for the period or purpose stated in the appointment.

(2) No person shall be appointed as a Deputy Chairperson unless he or she is eligible for appointment as a Chairperson.

(3) Every Deputy Chairperson appointed under this section shall, while acting for a Chairperson, be deemed to be a Chairperson of the Tribunal.

(4) No appointment of a Deputy Chairperson, and no act done by a Deputy Chairperson as such, and no act done by the Tribunal while he or she is acting as such, shall in any proceedings be questioned on the ground that the occasion for the appointment had not arisen or had ceased.

(1) A Chairperson and any Deputy Chairperson of the Tribunal may at any time resign his or her office by delivering a notice in writing to that effect to the Minister.

(2) A Chairperson and any Deputy Chairperson of the Tribunal shall be deemed to have vacated his or her office if he or she dies or is, under the Insolvency Act 2006, adjudged bankrupt.

(3) A Chairperson and any Deputy Chairperson of the Tribunal may at any time be removed from office by the Governor-General for disability affecting performance of duty, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General.

(1) Sittings of the Tribunal shall be held at such times and places as the Tribunal or Chairperson from time to time appoints.

(2) Any sitting may be adjourned from time to time and from place to place by the Tribunal or a Chairperson or by the Secretary to the Tribunal.

(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) A Chairperson shall preside at all sittings of the Tribunal.

(5) Subject to the provisions of this Act and of any regulations made under this Act, the Tribunal may regulate its procedure in such manner as the Tribunal thinks fit and may prescribe or approve forms for the purposes of this Act.

(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.

(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) of this section, the Evidence Act 2006 shall apply to the Tribunal in the same manner as if the Tribunal were a Court within the meaning of that Act.

(1) Except as provided by subsections (2) and (3) of this section, 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 summary conviction to a fine not exceeding $3,000 who acts in contravention of any order made by the Tribunal under subsection (3)(b) or subsection (3)(c) of this section.

(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.

The Tribunal must notify the Attorney-General promptly of the bringing of proceedings before the Tribunal alleging a breach of Part 1A, or alleging a breach of Part 2 by a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990, if the Attorney-General is not a party to the proceedings.

(1) Before the Tribunal grants any remedy under Part 3, it must give the parties to the proceedings and, if the remedy under consideration is a declaration under section 92J, the Attorney-General, an opportunity to make submissions on—

• (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 or section 108.

(1) The Tribunal may, if it considers it necessary, of its own motion, or on the application of any party to the proceedings, issue a witness summons to any person requiring that person to attend before the Tribunal to give evidence at the hearing of the proceedings.

(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 a Chairperson, or by any officer of the Tribunal purporting to act by the direction or with the authority of the Tribunal or a Chairperson.

(1) A witness summons may be served—

• (a) By delivering it personally to the person summoned; or

• (b) By posting it by registered letter addressed to the person summoned at that person's usual place of residence.