Human Rights Act 1993

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Reprint as at 26 November 2018

Human Rights Act 1993

Public Act		1993 No 82
Date of assent		10 August 1993
Commencement		see section 1(2)

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.

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	Functions of Commissioners [Repealed]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	Complaints Division [Repealed]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	Further provisions on Commissioners and alternate Commissioners [Repealed]
14	Further criteria for appointment of Equal Employment Opportunities Commissioner [Repealed]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17	Functions of Equal Employment Opportunities Commissioner [Repealed]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20E	Service in office [Repealed]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

An Act to consolidate and amend the Race Relations Act 1971 and the Human Rights Commission Act 1977 and to provide better protection of human rights in New Zealand in general accordance with United Nations Covenants or Conventions on Human Rights

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Human Rights Act 1993

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