HUMAN RIGHTS ACT 1993

New Zealand Acts

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HUMAN RIGHTS ACT 1993

- As at 1 July 2024
- Act 82 of 1993

TABLE OF PROVISIONS

Long 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
Note
5. Functions of Commission
6. Powers relating to declaratory judgments
Note
7. Commission determines general nature of activities
Note
8. Membership of Commission
9. Alternate Commissioners
Note
10. Meetings of Commission
Note
11. Criteria for appointment
Note
12. Further criteria for appointment of Chief Commissioner
13. Further criteria for appointment of Commissioner appointed to lead Commission work in priority area
Note
14. Further criteria for appointment of Equal Employment Opportunities Commissioner
Note
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
Note
18. General manager and staff of Commission
Note
19. Duty to act independently
Note
20. Office of Human Rights Proceedings
Note
20A. Director of Human Rights Proceedings
20B. Criteria and requirement for appointment
Note
20C. Appointment of Judge as Human Rights Commissioner
Note
20D. Office holders to whom sections 20E to 20G apply
20E. Service in office
20F. Term of office
20G. Vacation of office
Note
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
Note

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
Note

21A. Application of this Part limited if section 3 of New Zealand Bill of Rights Act 1990 applies
Note
21B. Relationship between this Part and other law
Note
21. Prohibited grounds of discrimination
22. Employment
23. Particulars of applicants for employment
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
34. Regular forces
35. General qualification on exceptions
36. Partnerships
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
42. Access by the public to places, vehicles, and facilities
43. Exceptions in relation to access by the public to places, vehicles, and facilities
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
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
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
61. Racial disharmony
62. Sexual harassment
62A. Adverse treatment in employment of people affected by family violence
63. Racial harassment
63A. Conversion practices
64. Choice of procedures
65. Indirect discrimination
66. Victimisation of whistleblower or person making use of rights prohibited
67. Advertisements
68. Liability of employer and principals
69. Further provision in relation to sexual or racial harassment in employment
70. Superannuation schemes
71. Reports on superannuation schemes
72. Power to vary trust deeds
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
Note

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
Note
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
Note
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
Note
92Q. Monetary limits on remedies Tribunal may grant
Note
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
Note
92V. Abandonment to enable Tribunal to make award of damages
92W. Extension of jurisdiction by agreement between parties
Note
92WA. Attorney-General to notify Parliament of declaration of inconsistency
92WB. Responsible Minister to report to Parliament Government’s response to declaration

PART 4 - Human Rights Review Tribunal
Note

93. Human Rights Review 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
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
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. Application of Contempt of Court Act 2019
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
118A. Remuneration of Chairperson and Deputy Chairpersons
119. Fees of members of Tribunal
120. Services for Tribunal
121. Enforcement
121A. Practice notes
121B. Online publication of information about procedures, time frames, and progress of decisions
121C. Online publication of final written decisions
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 toinquiries
Note

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
141A. Certain acts not to be questioned
142. Money to be appropriated by Parliament for purposes of this Act
143. Offences
144. Regulations
145. Related amendments to other enactments
146. Repeals
147. Revocation
Note
148. Former office of Commissioner abolished
148A. Certain former Commissioners to be transitional members of Commission
Note
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
Note
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
Note
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
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
152. Expiry of section 151
153. Savings
SCHEDULE 1AA
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3

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