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Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Bill (Consistent) [2021] NZBORARp 75 (28 October 2021)

Last Updated: 30 November 2021

28 October 2021

LEGAL ADVICE

LPA 01 01 24

Hon David Parker, Attorney-General

Consistency with the New Zealand Bill of Rights Act 1990: Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Bill

1. We have considered whether the Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Bill (the Bill), a member’s Bill in the name of Dr Deborah Russell MP, is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (the Bill of Rights Act).
2. The Bill amends the Employment Relations Act 2000 to extend the period of time in which an employee may raise a personal grievance that involves allegations of sexual harassment from 90 days to 12 months.
3. The explanatory note to the Bill expresses that it can be difficult to come forward to report sexual harassment and that it is common for victims of sexual harassment to wait a long time before coming forward, if at all. The 90 days period may not be enough to consider what has occurred and feel safe to raise it with others.
   
4. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.
   

Jeff Orr

Chief Legal Counsel Office of Legal Counsel