This Act is administered in the Ministry of Justice.
1 Title
2 Commencement
Part 1Amendments to principal Act
Amendment to preliminary provisions
3 New section 2 substituted
2 Interpretation
Amendments to Part 1
4 Continuation of Human Rights Commission
5 New sections 5 to 20H and headings substituted
Functions and powers of Commission
5 Functions and powers 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
10 Meetings of Commission
Criteria for appointment
11 Criteria for appointment
12 Further criteria for appointment of Chief Commissioner
13 Further criteria for appointment of Race Relations Commissioner
14 Further criteria for appointment of Equal Employment Opportunities Commissioner
Functions of commissioners
15 Functions of Chief Commissioner
16 Functions of Race Relations Commissioner
17 Functions of Equal Employment Opportunities Commissioner
General manager and staff of Commission
18 General manager and staff of Commission
Commissioners to act independently
19 Duty to act independently
Office of Human Rights Proceedings
20 Office of Human Rights Proceedings
Director of Human Rights Proceedings
20A Director of Human Rights Proceedings
20B Criteria and requirement for appointment
Appointment of Judge as Human Rights Commissioner
20C Appointment of Judge as Human Rights Commissioner
Provisions relating to office holders
20D Office holders to whom sections 20E to 20G apply
20E Service in office
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
6 New Part 1A inserted
Part 1ADiscrimination 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
Amendments to Part 2
7 New headings and sections 21A and 21B inserted
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.
8 Exceptions in relation to access by the public to places, vehicles, and facilities
New Part 3 substituted
9 New Part 3 substituted
Part IIIResolution of disputes about compliance with Part 1A and Part II
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
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
92C Representation in civil proceedings arising from complaints
92D Tribunal may refer complaint back to Commission, or adjourn proceedings to seek resolution by settlement
92E Civil proceedings arising from inquiry by Commission
92F Proof of justified limits and exceptions
92G Right of Attorney-General to appear in civil proceedings
92H Right of Commission to appear in civil proceedings
Remedies
92I Remedies
92J Remedy for enactments in breach of Part 1A
92K Effect of declaration
92L Costs
92M Damages
92N Directions as to payment of damages in certain cases
92O Tribunal may defer or modify remedies for breach of Part 1A or Part II 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
Amendments to Part 4
10 New heading to Part 4 substituted
Human Rights Review Tribunal.
11 Complaints Review Tribunal
12 Functions of Tribunal
13 Power to make interim order
14 New section 97 substituted
97 Power in respect of exception for genuine occupational qualification or genuine justification
15 New section 99A inserted
99A Criteria and requirement for appointment of Chairpersons
16 Appointment and term of office
17 Panel
18 New section 105 substituted
105 Substantial merits
19 Evidence in proceedings before Tribunal
20 Persons entitled to be heard
21 New sections 108A and 108B inserted
108A Tribunal to give notice of proceedings
108B Submissions in relation to remedies
22 Witness summons
23 Tribunal may dismiss trivial, etc, proceedings
24 New section 116 substituted
116 Reasons to be given
25 Enforcement
26 Stating case for High Court
27 New sections 122A and 122B inserted
122A Removal to High Court of proceedings or issue
122B Proceedings or issue removed to High Court
28 Appeals to High Court
29 Additional members of High Court for purposes of Act
Amendments to Part V
30 Amendment to heading to Part 5
31 New section 126A inserted
126A Evidence order
32 Evidence
33 Protection and privileges of witnesses, etc,
34 Disclosure of certain matters not to be required
35 Proceedings privileged
Amendments to Part VII
36 No adverse statement
37 New sections 139 and 140 substituted
139 Delegation of functions or powers by Commission
140 Delegation of powers by certain Commissioners
38 New section 141A inserted
141A Certain acts not to be questioned
39 Regulations
40 New headings and sections 148 to 148O substituted
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
41 Other enactments and actions not affected
42 Savings
43 New Schedules 1 and 2 substituted
44 Repeals
Part 2Amendments to other enactments
Amendment to Alcoholism and Drug Addiction Act 1966
45 Power of District Court Judge to order detention and treatment on application of relative or other reputable person
Amendment to Births, Deaths, and Marriages Registration Act 1995
46 Marriage information to be sent to Registrar
Amendment to Crimes Act 1961
47 Discharge of jury
Amendments to Electoral Act 1993
48 Rules for determining place of residence within New Zealand
49 Disqualifications for registration
50 Removal of names from roll by Registrar
51 Dormant file
Amendments to Holidays Act 1981
52 Entitlement to special leave [Repealed]
Amendments to Human Tissue Act 1964
53 Removal of human tissue for therapeutic purposes, etc
54 Anatomical examinations
Amendment to Immigration Act 1987
55 New sections 149C and 149D inserted
149C Purpose of section 149D
149D Relationship between this Act and Human Rights Act 1993
Amendment to Judicature Act 1908
56 Discharge of jury
Amendment to Land Transfer Act 1952
57 Particulars of marriage of female proprietor to be registered
Amendment to Life Insurance Act 1908
58 Wife may insure her own or her husband's life for her own benefit
Amendments to Marriage Act 1955
59 Place and form of marriage before marriage celebrant
60 New section 14A inserted
14A This Part not to limit sections 32 and 32A
61 New sections 32A to 32E inserted
32A Marriage in accordance with rules and procedures of exempt religious bodies
32B Application to become exempt religious body
32C Declaration of religious body as exempt religious body
32D Change in beliefs or objects of exempt religious bodies
32E List of exempt religious bodies
Amendments to Police Act 1958
62 Interpretation
63 Age of retirement
64 New section 53 substituted
53 Failing to help member of police
Amendment to Protection of Personal and Property Rights Act 1988
65 Interpretation
Amendment to Referenda (Postal Voting) Act 2000
66 Persons who, at commencement of voting period, are dead or disqualified or removed from roll
Amendments to Sale of Liquor Act 1989
67 Being on licensed premises outside licensing hours
68 Disqualification of members of Trust
Amendment to Summary Proceedings Act 1957
69 Mode of service of documents on defendant
Amendments relating to disability as a ground for removal from office
70 Amendments to ensure disability not a ground for removal
Consequential amendments
71 Consequential amendments
Schedule 1New Schedules 1 and 2 substituted
Schedule 2Amendments relating to disability as a ground for removal from office
Schedule 3Consequential amendments to other enactments
Legislative history
The Parliament of New Zealand enacts as follows: