New Zealand – Human Rights Amendment Bill

Government Bill

Explanatory note

General policy statement

The Government is committed to the development of a robust human rights culture in New Zealand. Two important features of a robust human rights culture are—

• human rights institutions that are able to effectively perform the dual functions of promoting and protecting human rights:

• an anti-discrimination standard for Government that is backed up by an accessible complaints process and effective remedies.

The Government has given careful consideration to how best to achieve these aims, and in particular has taken cognisance of the recommendations of, and the public submissions received on, the independent report on the Re-evaluation of Human Rights Protec­ tions in New Zealand, which was commissioned by the Associate Minister of Justice, Hon Margaret Wilson, in 2000.
The Bill makes amendments relating to the anti-discrimination stan­ dard for Government activities and the associated publicly funded complaints process. Specifically, the Bill addresses the expiry of section 151 of the Human Rights Act 1993 by providing that com­ plaints may be made under the Human Rights Act 1993 in respect of all Government activities, with the anti-discrimination standard of the New Zealand Bill of Rights Act 1990 being the standard for all Government activities (except employment and the related areas of racial disharmony, and racial and sexual harassment). To give effect to this, the Bill incorporates the anti-discrimination standard of the New Zealand Bill of Rights Act 1990 into the Human Rights Act
1993.

152—1

The Bill also makes changes to the human rights institutional frame­
work and the complaints process. Specifically,—

• the Bill provides for the combining of the Human Rights

Commission and the Office of the Race Relations Conciliator:
• the combined office will retain the name Human Rights Com­ mission (the Commission) and will be strategically focused on human rights education and advocacy, while retaining a role in relation to complaints:

• there will be a full-time Chief Human Rights Commissioner and a full-time Race Relations Commissioner, plus up to 5 part-time Commissioners:

• the Commissioners will operate collectively to undertake and lead human rights education and advocacy, and provide stra­ tegic leadership, policy, and direction to the Commission. In this, they will be supported by the General manager and staff of the Commission:

• an Office of Human Rights Proceedings led by the Director of Human Rights Proceedings (the Director) will be situated within the Commission, but will operate independently from the Commission in respect of its complaints functions:

• all problems relating to both Government and non-Govern- ment human rights compliance will be dealt with by the Commission through a publicly funded problem-solv- ing/dispute resolution process:

• the Commission will endeavour to assist the parties to resolve the dispute by providing services such as information gather­ ing and expert advice, including mediation services whenever possible:

• if mediation fails or is inappropriate, the complainant may take the case to the Human Rights Review Tribunal (the Tribunal) for adjudication. (This is the renamed Complaints Review Tribunal):

• complainants may request the Director to provide publicly funded representation for their case at the Tribunal. The Director will make decisions on representation according to criteria in the legislation. Complainants may also choose to take their case to the Tribunal themselves or to engage their own counsel:

• if Government policies or practices are found by the Tribunal or the Courts to contain unjustified discrimination, the full range of remedies in the Human Rights Act 1993 will be available:

• if statutes or regulations are found to contain unjustified dis­ crimination, the available remedy will be a declaration of inconsistency. Following the making of such a declaration by the Tribunal or the Courts, the responsible Minister will be required to bring the declaration to the attention of the House, along with a report containing advice on the Government’s response to that declaration.

The Bill also makes amendments to a number of other Acts to align them with the Government’s human rights policy. Specifically,—

• a number of provisions are amended to extend “next-of-kin”

status to include de facto partners of the same or different sex:

• a number of Acts are amended by replacing “disability” as a ground for removal from statutory appointments with “inabil­ ity to perform the functions of the office”:

• the War Pensions Act 1954 and the War Pensions Regulations

1956 are amended in respect of provisions relating to domes­
tic partnership arrangements and family structure and care:

• amendments are also made to the Land Transfer Act 1952; the Births, Deaths, and Marriages Registration Act 1995; the Marriage Act 1955; and the Police Act 1958:

• amendments are made to the relationship between immigra­ tion law and policy and the Human Rights Act 1993, specifi­ cally to narrow the broad exemption that the Human Rights Act 1993 currently provides in relation to immigration matters.

Clause by clause analysis

Clause 1 relates to the Title.

Clause 2 provides that the Bill comes into force on .

Amendment to preliminary provisions

Clause 3 replaces section 2 of the principal Act (which relates to interpretation). Some of the key new terms defined in new section 2 of the principal Act are Director of Human Rights Proceedings, Human Rights Review Tribunal, and Race Relations Commissioner.

Amendments to Part I

Clause 4 amends section 4 of the principal Act (which relates to the Continuation of the Human Rights Commission) by adding a new subsection (4) that specifies who may exercise the capacities, rights, and powers referred to in subsections (2) and (3).

Clause 5 repeals sections 5 to 20 of the principal Act (and related headings), and substitutes new sections 5 to 20F (and related headings).

New section 5 of the principal Act restates, with changes, the func­ tions and powers of the Commission. Some of the key changes to the Commission’s functions and powers include—

• the addition of new primary functions of the Commission (improving understanding and appreciation of the role of human rights in New Zealand society, and encouraging the maintenance and development of harmonious relations between the diverse groups in New Zealand society):

• the addition of the new function of advocating and promoting, by education and publicity, respect for, and observance of, human rights:

• the addition of the new function of making public statements promoting an understanding of, and compliance with, the New Zealand Bill of Rights Act 1990:

• conferring an ability to bring civil proceedings for any breach of new Part 1A or Part II of the principal Act arising out of any inquiry conducted by the Commission:

• conferring an ability to apply to a court or tribunal to be appointed as intervener or as counsel, or to be permitted to take part in any proceedings, if that will facilitate the perform­ ance of the Commission’s functions relating to advocacy for, or promotion of, human rights:

• adding a requirement to develop a national plan of action, in consultation with interested parties, for the promotion and protection of human rights in New Zealand.

New section 6 of the principal Act sets out the Commission’s powers in relation to the obtaining of declaratory judgments.

New section 7 of the principal Act provides that the members of the Commission determine the strategic direction and the general nature of activities undertaken in the performance of the Commission’s functions.

New section 8 of the principal Act relates to the membership of the

Commission.

New section 9 of the principal Act makes provision for alternate

Commissioners.

New section 10 of the principal Act regulates meetings of the

Commission.

New section 11 of the principal Act sets out the criteria to which the Minister must have regard in recommending persons for appoint­ ment as Commissioners and alternate Commissioners.

New section 12 of the principal Act sets out further criteria to which the Minister must have regard in recommending the appointment of the Chief Commissioner.

New section 13 of the principal Act sets out further criteria to which the Minister must have regard in recommending the appointment of the Race Relations Commissioner.

New section 14 of the principal Act sets out the functions of the

Chief Commissioner.

New section 15 of the principal Act sets out the functions of the Race

Relations Commissioner.

New section 16 of the principal Act sets out the duties of the General manager and staff of the Commission.

New section 17 of the principal Act provides that members of the Commission must act independently in the exercise or performance of functions of the Commission.

New section 18 of the principal Act provides that 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. The function of the office is to help the Director or his or her

alternate to exercise or perform the functions, powers, and duties of the Director under the principal Act.

New section 19 of the principal Act establishes the position of

Director of Human Rights Proceedings.

New section 20 of the principal Act sets out the criteria for appoint­ ment as Director of Human Rights Proceedings and specifies that a person appointed as Director of Human Rights Proceedings or as his or her alternate must be a barrister or solicitor of not less than

5 years’ legal experience.

New section 20A of the principal Act sets out rules concerning the appointment of a Judge as a Human Rights Commissioner.

New sections 20B to 20E of the principal Act contain provisions relating to service in office, term of office, and vacation of office by a Commissioner, alternate Commissioner, the Director of Human Rights Proceedings, and the alternate Director of Human Rights Proceedings.

New section 20F of the principal Act provides that—

• the administrative provisions governing the operation of the Commission are those set out in new Schedule 1 of the princi­ pal Act:
• the administrative provisions governing the operation of the Office of Human Rights Proceedings are those set out in new Schedule 2 of the principal Act.

Clause 6 inserts new Part 1A into the principal Act (new sections

20G to 20J of the principal Act).

New section 20G of the principal Act sets out the purpose of new Part 1A. 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 the 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; or

• any person or body if the act or omission is authorised or required by an enactment or otherwise by law.

The person or bodies referred to in section 3 of the New Zealand Bill of Rights Act 1990 are—

• the legislative, executive, and judicial branches of the

Government of New Zealand; or

• 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.

New section 20H of the principal Act is an application provision that indicates that, with 1 exception, new Part 1A applies in relation to an act or omission by a person or body referred to in the purpose clause. New Part 1A does not apply in relation to an act or omission that is not authorised or required by an enactment or otherwise by law and that is unlawful under any of sections 22, 23, and 61 to 63 of the principal Act. (In other words, complaints about employment- related discrimination, or racial or sexual harassment, by the Government or Government-related bodies will continue to be dealt with under Part II of the principal Act, and not new Part 1A). New section 20H of the principal Act provides that, if new Part 1A applies to an act or omission, Part II of the principal Act does not apply to that act or omission. (In other words, the application of new Part 1A and Part II of the principal Act is mutually exclusive). Finally, new section 20H of the principal Act provides that nothing in new Part 1A of the principal Act affects section 19 of the New Zealand Bill of Rights Act 1990.

New section 20I of the principal Act sets out the purposes for which new section 20J of the principal Act applies. (These purposes are, broadly speaking, inquiries by the Commission, the handling of complaints, the bringing and determination of proceedings under new Part III of the principal Act, and related matters.)

New section 20J of the principal Act provides that an act or omission to which new Part 1A applies (including an enactment) is in breach of new Part 1A if it is inconsistent with section 19 of the New Zealand Bill of Rights Act 1990. For the purposes of new section

20J(1) of the principal Act, an act or omission is inconsistent with section 19 of the New Zealand Bill of Rights Act 1990 if the act or omission—

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

• is not, under section 5 of the New Zealand Bill of Rights Act

1990, a justified limitation on that right.

Amendments to Part II

Clause 7 inserts new headings and new sections 21A and 21B in Part

II of the principal Act.

New section 21A of the principal Act limits the application of Part II of the principal Act, in relation to bodies referred to in section 3 of the New Zealand Bill of Rights Act 1990, to those provisions deal­ ing with employment-related discrimination, racial disharmony, and racial and sexual harassment.

New section 21B of the principal Act provides that an act or omis­ sion by any person or body is not unlawful under Part II if that act or omission is authorised or required by an enactment or otherwise by law. New section 21B of the principal Act also provides that nothing in Part II affects section 19 of the New Zealand Bill of Rights Act

1990.

Clause 8 amends section 43 of the principal Act (which relates to exceptions in relation to access by the public to places, vehicles, and facilities) by replacing subsection (3).

New Part III substituted

Clause 9 repeals Part III of the principal Act and replaces it with a

new Part III.

New section 75 of the principal Act sets out the object of new Part

III.

New section 76 of the principal Act sets out the functions of the Commission. Key changes to the existing functions of the Commis­ sion include—

• the addition of a new function of receiving and assessing a complaint that there has been a breach of new Part 1A of the principal Act:

• the removal of the provision in existing section 75 of the principal Act specifically empowering the Commission to undertake an “own motion” investigation. This reflects the move to a more strategic focus for the Commission.

New section 77 of the principal Act requires the Commission to provide dispute resolution services.

New section 78 relates to the method of providing those services.

New section 79 of the principal Act provides criteria for sorting complaints alleging a breach of new Part 1A or Part II of the

principal Act, or both. 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 new Part 1A of the principal Act:

• the only remedy that may be granted in respect of the com­

plaint or relevant part of it is the remedy set out in new section

92J of the principal Act (which provides for a declaration that an enactment is inconsistent with section 19 of the New Zealand Bill of Rights Act 1990).

New section 80 of the principal Act specifies when the Commission may take action or further action in respect of a complaint, and requires the Commission to take no action, or no further action, in respect of a complaint in certain specified circumstances.

New section 81 of the principal Act requires the Commission to inform certain persons before gathering information about a complaint.

New section 82 of the principal Act sets out rules to be followed by the Commission in gathering information about a complaint and disclosing information gathered.

New section 83 of the principal Act sets out the duties of the Com­

mission in relation to the settlement of complaints.

New section 84 of the principal Act requires the Commission to inform all parties concerned of—

• the reference of a complaint by the complainant or any other person to the Director of the new Human Rights Review Tribunal; or

• the reference of a complaint back to the Commission by the

Director or the Tribunal.

New section 85 of the principal Act provides that certain information created for the purposes of a dispute resolution meeting or disclosed for the purposes and in the course of a dispute resolution meeting must be kept confidential, except with the consent of the parties.

New section 86 of the principal Act restricts the giving of evidence, in other proceedings, about a dispute resolution meeting or about information related to a dispute resolution meeting.

New section 87 of the principal Act restricts the application of the Official Information Act 1982 and the Local Government Official Information and Meetings Act 1987 in respect of information dis­ closed to a mediator.

New section 88 of the principal Act sets out certain limits on the application of the principles set out in new sections 85 to 87 of the principal Act.

New section 89 of the principal Act provides a mechanism for the enforcement of the terms of a settlement agreed by the parties.

New section 90 of the principal Act sets out the functions of the

Director under new Part III. These functions include—

• deciding whether, and to what extent, to provide representa­ tion to a party seeking to enforce a settlement and providing that representation:

• deciding whether to refer a complaint back to the

Commission:

• deciding whether, and to what extent, to provide representa­ tion to a complainant, aggrieved person, or group of persons in proceedings before the Tribunal and providing that representation.

New section 91 of the principal Act sets out rules governing the making of decisions by the Director under new section 90 of the principal Act.

New section 92 of the principal Act sets out matters to which the Director is required to have regard in deciding whether to provide representation in proceedings before the Tribunal.

New section 92A of the principal Act requires the Director to notify and report to certain persons on decisions made by the Director about representation.

New section 92B of the principal Act sets out general rules govern­ ing the bringing of civil proceedings arising from complaints, before the Tribunal.

New section 92C of the principal Act sets out rules governing repre­

sentation in civil proceedings arising from complaints.

New section 92D of the principal Act imposes a duty on the Tribunal to refer a complaint back to the Commission in certain circum­ stances, and empowers the Tribunal to adjourn proceedings in order to seek a settlement.

New section 92E of the principal Act empowers the Commission to bring civil proceedings if the Commission considers that an inquiry by it has disclosed a breach of new Part 1A or Part II of the principal Act.

New section 92F of the principal Act sets out rules governing the proof of justified limits and exceptions in proceedings brought under new Part III of the principal Act.

New section 92G of the principal Act confers on the Attorney- General a right to appear in certain proceedings (proceedings alleg­ ing a breach of new Part 1A of the principal Act, or alleging a breach of Part II of the principal Act by a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990).

New section 92H of the principal Act confers on the Commission a right to appear in certain proceedings.

New section 92I of the principal Act sets out the remedies that may be granted if the Tribunal is satisfied that a defendant has committed a breach of new Part 1A or Part II of the principal Act.

New sections 92J and 92K of the principal Act relate to the remedy that may be granted if an enactment is found to be in breach of new Part 1A of the principal Act. The only remedy that may be granted is a declaration that the enactment is inconsistent with section 19 of the New Zealand Bill of Rights Act 1990. A declaration under new section 92J of the principal Act does not affect the validity of the enactment or its continued operation, but must be drawn to the attention of the House of Representatives by the Minister for the time being responsible for the administration of the enactment, along with a report on the Government’s response to the declaration.

New section 92L of the principal Act deals with the ability of the

Tribunal to award costs in certain proceedings.

New section 92M of the principal Act empowers the Tribunal to award damages against a defendant for a breach of new Part 1A or Part II of the principal Act.

New section 92N of the principal Act empowers the Tribunal to issue directions that damages be paid to the Public Trustee instead of the plaintiff in certain cases.

New section 92O of the principal Act enables the Tribunal, on the application of any party to the proceedings, to defer a decision on the granting of some or all remedies, and specify a period during which the defendant must remedy a breach of new Part 1A or Part II of the

principal Act. The Tribunal may also refuse to grant a remedy that has retrospective effect or limit the retrospective effect of a remedy or grant a remedy that has prospective effect only or grant a remedy that has effect from a date specified by the Tribunal.

New section 92P of the principal Act sets out the matters to be taken into account by the Tribunal in exercising powers given by new section 92O of the principal Act.

New section 92Q of the principal Act places monetary limits on the remedies the Tribunal may grant (ie, those contained in sections 29 to 34 of the District Courts Act 1947 that are applicable to District Courts).

New section 92R of the principal Act requires the Tribunal to refer the granting of a remedy to the High Court if the Tribunal is satisfied that—

• the granting of the appropriate remedy would be outside the limits imposed by new section 92Q of the principal Act; or

• the granting of a remedy in certain proceedings would be better dealt with in the High Court.

New sections 92S to 92U of the principal Act set out rules governing the way in which a reference from the Tribunal to the High Court is to be dealt with.

New section 92V of the principal Act enables a plaintiff to abandon the amount of any claim in excess of the Tribunal’s jurisdiction, thus giving the Tribunal jurisdiction to award damages.

New section 92W of the principal Act enables the parties to any proceedings to consent to an extension of the Tribunal’s jurisdiction in relation to the granting of remedies in the particular case.

Amendments to Part IV

Clause 10 replaces the heading to Part IV of the principal Act.

Clause 11 amends section 93 of the principal Act to change the name of the Tribunal from the Complaints Review Tribunal to the Human Rights Review Tribunal.

Clauses 12 to 14 make minor amendments to sections 94, 95, and 97

of the principal Act.

Clause 15 inserts new section 99A into the principal Act, which sets out the criteria for the appointment of Chairperson of the Tribunal to which the Minister must have regard, and imposes a requirement

that the Chairperson must be a barrister or solicitor of not less than 5 years’ legal experience.

Clause 16 consequentially repeals section 100(1) of the principal

Act.

Clause 17 amends section 101 of the principal Act by inserting new criteria to which the Minister must have regard in considering the suitability of persons for inclusion on the panel of persons eligible to serve on the Tribunal.

Clause 18 amends section 105 of the principal Act by expanding the list of principles that the Tribunal is to apply in exercising its powers and functions.

Clause 19 amends section 106 of the principal Act by expanding the Tribunal’s powers in relation to the calling of evidence and gather­ ing of information.

Clause 20 amends section 108 of the principal Act by allowing a person who is not a party to proceedings before the Tribunal, but who wishes to appear, to give notice to the Tribunal and every party before appearing, instead of not less than 10 days before the com­ mencement of the hearing as at present.

Clause 21 inserts new sections 108A and 108B into the principal Act, which, respectively, require the Attorney-General to be notified of certain proceedings, and require the parties to any proceedings and the Attorney-General to be given the opportunity to make sub­ missions if a declaration that an enactment is inconsistent with section 19 of the New Zealand Bill of Rights Act 1990 is under consideration.

Clause 22 makes minor amendments to section 109 of the principal

Act.

Clause 23 makes minor amendments to section 115 of the principal

Act.

Clause 24 replaces section 116 of the principal Act (which relates to reasons to be given by the Tribunal) with a new section that requires more detailed reasons for decisions to be given.

Clause 25 consequentially amends section 121 of the principal Act

(which relates to the enforcement of orders of the Tribunal).

Clause 26 inserts new sections 122A and 122B into the principal Act (which relate to the removal of proceedings from the Tribunal to the High Court).

Clauses 27 and 28 make consequential amendments to sections 123 and 126 of the principal Act.

Amendments to Parts V and VII

Clauses 29 to 34 amend Parts V and VII of the principal Act by making consequential amendments or revoking provisions that are no longer required.

Clause 35 repeals sections 145 to 148 of the principal Act and substitutes new sections 148 to 148O (which are transitional provisions).

Clause 36 repeals sections 151 and 152 of the principal Act.

Clause 37 relates to savings.

Clause 38 replaces the First, Second, and Third Schedules of the principal Act with new Schedules 1 and 2.

Clause 39 relates to repeals.

Part 2

Amendments to War Pensions Act 1954 and War Pensions

Regulations 1956

This Part amends the War Pensions Act 1954 and the War Pensions
Regulations 1956. The primary purpose of the amendments is—

• to ensure that the provisions of that Act and those regulations no longer contain provisions that discriminate on the grounds of marital status or sexual orientation:

• to extend the definition of persons who are treated as dependants of members of the defence force.

Clause 40 provides that in this Part the War Pensions Act 1954 is called “the principal Act”.

Amendments to War Pensions Act 1954

Clause 41 replaces the existing definitions of dependant and mem­ ber of the family in section 2(1) of the principal Act. It also inserts definitions of member of the forces, partner, relationship, and spouse in section 2(1) of the principal Act.

Clause 42 amends section 16A of the principal Act by omitting a reference to a later section that is to be repealed.

Clause 43 amends section 19(3) of the principal Act by omitting the word “wife” in both places where it appears and substituting the words “spouse or partner”.

Clause 44 amends the heading above section 32 of the principal Act.

Clause 45 amends section 32 of the principal Act by applying the rules governing the maximum rates of pension for surviving spouses of members of the forces to surviving partners of those members.

Clause 46 similarly extends the rules in section 33 of the principal Act governing the rate of pension for a surviving spouse of a mem­ ber of the forces who is a bona fide resident of New Zealand to a surviving partner.

Clause 47 replaces sections 34 to 35A of the principal Act with new provisions that extend a variety of rules governing the entitlement, grant, and reinstatement of pensions to surviving spouses of mem­ bers of the forces to surviving partners.

Clauses 48 and 49 amend sections 37 and 40(b) of the principal Act (which relate to the entitlement of children to pensions in certain cases) by replacing references to “mother” and “widow” with “par­ ent” and “surviving spouse or surviving partner” respectively.

Clause 50 repeals section 41 of the principal Act (which relates to children whose parents are not married).

Clause 51 repeals section 43(3) of the principal Act (which provides special entitlements for certain female children).

Clause 52 substitutes a new section 44 into the principal Act, which provides that spouses and partners of disabled and deceased mem­ bers of the forces have the same maximum rates of entitlement.

Clause 53 repeals section 45 of the principal Act (which provides that pensions to unmarried females cease on marriage).

Clauses 54 and 55 amend sections 46(1) and 47 of the principal Act (which relate to the economic position of dependants and the posi­ tion of wives and children of members of the forces in receipt of the economic pension respectively) by replacing references to “wife” or

“widow” with references to “spouse or partner” or “surviving spouse or surviving partner”, as the case requires.

Clause 56 amends section 48 of the principal Act by applying the rules governing the pension payable to the surviving spouse of a member of the forces whose death is not attributable to service to the surviving partner of such a member.

Clause 57 extends the provisions of section 51 of the principal Act (which provides for pensions for guardians of motherless children) to guardians of parentless children.

Clause 58 amends section 52(2) of the principal Act by replacing a reference to “wife or widow” with “spouse or partner, or surviving spouse or surviving partner”.

Clause 59 makes a similar change to section 56(5) of the principal

Act.

Clauses 60 to 62 amend sections 62(3), 63(5), and 65(3) of the principal Act by replacing references to “wife” with “spouse or partner”.

Clause 63 repeals section 76 of the principal Act (which makes special provision for the wives and children of Ma¯ori).

Clause 64 repeals paragraphs (a) and (b) of section 77 of the princi­ pal Act (which deals with conjugal status for the purposes of a pension or allowance).

Clauses 65 and 66 amend sections 78A(1) and 81(2) of the principal

Act by replacing references to “husband or wife” with references to
“spouse or partner”.

Clause 67 amends section 85(2)(a) of the principal Act by replacing references to “widow or widower” or “widow” with “surviving spouse or surviving partner”.

Clauses 68 to 70 amend sections 87A, 89(1), and 94(2)(b) of the principal Act by replacing references to “wife” or “husband or wife” with references to “spouse or partner”.

Clause 71 relates to repeals and savings. It adds new provisions to section 97 of the principal Act that—

• provide that the amendments made by this Bill do not confer any entitlement on a person in respect of any period before the commencement of the Bill, once enacted:

• allows any department to continue to use the term “the sur­ viving spouse’s pension” in official forms, computer pro­ grams, and other documents, or for the purposes of assess­ ment of eligibility and payment.

Clause 72 amends the Fourth Schedule of the principal Act by inserting references to surviving partners.

Amendments to War Pensions Regulations 1956

Clauses 73 and 74 revoke and replace regulations 23 and 25 of the War Pensions Regulations 1956 to ensure that the terminology used in those regulations is consistent with that used in the principal Act in the light of amendments made by this Bill.

Part 3

Amendments to other enactments

Amendment to Alcoholism and Drug Addiction Act 1966

Clause 75 amends section 9(8) of the Alcoholism and Drug Addic­ tion Act 1966 by inserting, after the word “spouse”, the words “de facto partner of the same or different sex”.

Amendment to Births, Deaths, and Marriages Registration

Act 1995

Clause 76 amends section 55 of the Births, Deaths, and Marriages Registration Act 1995 by inserting requirements about the informa­ tion to be sent to the Registrar of Births, Deaths, and Marriages in the case of a marriage solemnised in accordance with the rules and procedures of an exempt religious body. An exempt religious body is a body that is exempted under the Marriage Act 1955, under amendments made to that Act by this Bill, from observing the requirements of Part V of that Act relating to the solemnisation of marriages in the presence of a marriage celebrant.

Amendment to Crimes Act 1961

Clause 77 amends section 374(3) of the Crimes Act 1961 (which relates to the discharge of a jury) by applying the existing rules relating to the illness or death of the spouse of a juror to the illness or death of a de facto partner (whether of the same or different sex) of a juror.

Amendments to Electoral Act 1993

Clauses 78 to 81 amend sections 72, 80(3)(b), 98(1)(b), and

109(2)(b) of the Electoral Act 1993 to ensure that de facto partners of the same or different sex are given the same status, for electoral purposes, as a person’s spouse.

Amendments to Holidays Act 1981

Clause 82 amends section 30A of the Holidays Act 1981 to ensure that de facto partners of the same or different sex are given the same status, under that section, as a person’s spouse.

Amendments to Human Tissue Act 1964

Clauses 83 and 84 amend sections 3(2)(b) and 5(1) of the Human Tissue Act 1964 by inserting references to a “surviving de facto partner (whether of the same or different sex)” after the words

“surviving spouse”.

Amendment to Immigration Act 1987

Clause 85 inserts new sections 149C and 149D in the Immigration

Act 1987. New section 149C relates to the purpose of new section

149D. New section 149D provides that no complaint may be made under the Human Rights Act 1993 in respect of—

• the content or application of the Immigration Act 1987 or any regulations made under that Act:

• the content or application of any policy made in accordance with section 13A and section 13B of that Act.

The Commission may exercise its functions under section 5 of the principal Act in respect of immigration matters, but may not bring or participate in proceedings relating to matters for which a complaint may be brought.

Amendment to Judicature Act 1908

Clause 86 amends section 54B(3) of the Judicature Act 1908 (which relates to the discharge of a jury) in a similar way to the amendments proposed to section 374 of the Crimes Act 1961 by clause 78.

Amendment to Land Transfer Act 1952

Clause 87 repeals section 127 of the Land Transfer Act 1952 (which provides for the particulars of marriage of a female registered pro­ prietor of any land, interest, or estate under that Act to be registered on the register and outstanding duplicate of title).

Amendments to Marriage Act 1955

Clauses 88 and 89 amend the Marriage Act 1955 by inserting into that Act new sections 14A and 32A to 32E. The purpose of those amendments is to provide a mechanism for religious bodies (other than the Society of Friends (the Quakers)) whose beliefs and objects are inconsistent with the provisions of Part V of that Act relating to the solemnisation of marriages in the presence of a marriage celebrant to obtain an exemption from those requirements. (There is already a specific exemption in section 32 of the Marriage Act 1955 for the Quakers, which is retained.)

Amendments to Police Act 1958

Clauses 90 to 92 amend the Police Act 1958.

Clauses 90 and 91 provide for the repeal of section 27 of the Police Act 1958 and related matters. Section 27 sets ages of retirement for members of the police. Once section 27 is repealed, there will be no mandatory retirement age for members of the police.

Clause 92 replaces section 53 of the Police Act 1958 with a new section that extends the duties of males aged 18 or over to give assistance to the police to persons of either gender who are 18 years or older.

Amendment to Protection of Personal and Property Rights

Act 1988

Clause 93 amends the definition of relative in section 2 of the Protection of Personal and Property Rights Act 1988 by replacing terminology that refers to a relationship “in the nature of marriage” with the words “de facto partner of the same or different sex”.

Amendment to Referenda (Postal Voting) Act 2000

Clause 94 amends section 26(2)(b)(ii) of the Referenda (Postal Voting) Act 2000 by inserting a reference to a “de facto partner (whether of the same or different sex)”.

Amendment to Sale of Liquor Act 1989

Clause 95 amends section 170(2)(a) of the Sale of Liquor Act 1989 by inserting, after the word “spouse”, the words “or de facto partner (whether of the same or different sex)”.

Amendment to Summary Proceedings Act 1957

Clause 96 amends section 24(2) of the Summary Proceedings Act

1957 (which relates to the mode of service of documents on a defendant) in a similar manner.

Amendments relating to disability as a ground for removal from office

Clause 97 (which relates to enactments allowing removal from office on grounds of disability) inserts Schedule 2, which amends a number of other enactments.

Consequential amendments

Clause 98 (which relates to consequential amendments) provides that the Acts and regulations set out in Schedule 3 are amended in the manner provided in that schedule.

Schedule 1 substitutes new Schedules 1 and 2 in the principal Act. New Schedule 1 contains administrative provisions applying to the Commission. New Schedule 2 contains administrative provisions applying to the Office of Human Rights Proceedings.

Schedule 2 amends a number of Acts and regulations by removing

“disability” as a ground of removal from office and substituting the words “inability to perform the functions of the office”.

Schedule 3 makes consequential amendments to a number of Acts and regulations.

Regulatory impact and compliance cost statement

Statement of public policy objective

Important features of the Government’s commitment to a robust human rights culture in New Zealand are—

• having an appropriate anti-discrimination standard against which Government activities can be measured; and

• accessible complaints processes to deal with complaints about discrimination; and

• relevant remedies to ensure that the remedies available in relation to unjustifiably discriminatory Government activities are both appropriate for Government and meaningful to complainants.

Statement of problem and need for action

The imminent expiry of section 151 of the Human Rights Act 1993 has made it necessary to decide which of 2 different anti-discrimina- tion standards (the Human Rights Act 1993 standard or the New Zealand Bill of Rights Act 1990 standard (the Bill of Rights Act

1990 standard)) should apply to Government activities and, conse­ quently, what shape the relevant complaints processes and available remedies should take.

This statement addresses the 2 anti-discrimination standards, the options for the anti-discrimination standard to apply to Government activities, the complaints process and remedies to accompany the preferred option, and, lastly, whether some form of “general justifi­ cation” exemption for discrimination is needed in the Human Rights Act 1993.

Statement of options for achieving the desired objective

Three options are possible—

• both anti-discrimination standards to apply to Government activities. Both the Bill of Rights Act 1990 and the Human Rights Act 1993 anti-discrimination standard would continue to apply to Government activities. New exemptions would be necessary in the Human Rights Act 1993 in order to address the significant inconsistencies with the Human Rights Act

1993 that currently exist in legislation and Government poli­ cies and practices, as identified in the Compliance 2001 audit, prior to the December 2001 expiry of the Government exemption.

• only the Bill of Rights Act 1990 standard to apply to some Government activities; both the Human Rights Act 1993 and the Bill of Rights Act 1990 standards to apply to other Government activities. The anti-discrimination standard in the Bill of Rights Act 1990, and only that standard, would apply when the “Government is acting as Government”. When the “Government is acting as private citizen”, then both the Bill of Rights Act 1990 and the Human Rights Act

1993 anti-discrimination standards would apply. Inherent in this option is a difficulty with identifying and defining the boundaries between a Government engaging in Government activities and in private activities. Extensive litigation around this point would be likely. Even when the Government is

performing similar activities to the private sector, its motiva­ tions differ in that they are determined by policy decisions that balance competing needs.

• the Bill of Rights Act 1990 standard to apply to all Govern­ ment activities (except employment). The anti-discrimination standard in the Bill of Rights Act 1990, and only that stan­ dard, will apply to the range of Government activities (except employment). The standard can be applied across the full range of Government activities, and every case of discrimina­ tion must be justified to a consistent standard.

Complaints under the Human Rights Act 1993 are dealt with in a publicly funded system through the Human Rights Commission. Moving to the Bill of Rights Act 1990 anti-discrimination standard as the sole standard to apply to Government activities should be accompanied by the extension of the publicly funded complaints process to act as a single entry point for all complaints about dis­ crimination (by both Government and the private sector). This would enable people in New Zealand to hold Government accounta­ ble to the Bill of Rights Act 1990 anti-discrimination standard.

Benefits

Statement of the net benefit of this proposal

The benefits of this proposal are that—

• case by case justification demonstrates to citizens the integrity of the Government’s commitment to meeting human rights obligations:

• it makes the reasoning behind Government policy more pub­

licly transparent:

• it avoids the problem that exists under the Human Rights Act

1993 of having to determine whether a Government activity
fits within 1 of the specified areas under that Act:

• it resolves many of the inconsistencies with the Human Rights Act 1993 identified in the Compliance 2001 audits that cannot be justified under the Human Rights Act 1993 but could be justified under the Bill of Rights Act 1990:

• it provides a single flexible test that can apply to the present

and future range of Government activity:

• a publicly funded, single entry point complaints process would enable people in New Zealand to hold Government

Costs

accountable to the Bill of Rights Act 1990 anti-discrimination standard.
A publicly funded, single entry point complaints process would initially attract increased fiscal costs, given that there are likely to be more complaints brought about Government activities. However, increased litigation costs are inevitable because of the imminent expiry of the Government exemption.

Business compliance cost statement

This proposal does not involve compliance costs for business.

Consultation

The following government departments and agencies have been consulted in the drafting of this regulatory impact statement:
Ministry of Health; Ministry of Social Policy; Ministry of Educa­ tion; Department of Labour; ACC; Department of Prime Minister and Cabinet; State Services Commission; The Treasury; Department of Conservation; Inland Revenue Department; Ministry of Youth Affairs; Ministry of Women’s Affairs; Te Puni Kkiri; Ministry of Pacific Island Affairs; Department of Internal Affairs; Ministry of Agriculture and Forestry; Ministry for Culture and Heritage; New Zealand Police; New Zealand Customs Service; Parliamentary Counsel Office; Crown Law Office; Serious Fraud Office; Ministry of Housing; New Zealand Defence Force; Department of Child, Youth and Family; Department for Courts; Ministry of Foreign Affairs and Trade; Land Information New Zealand; Ministry of Fisheries; Ministry for the Environment; Ministry of Transport; Ministry of Research, Science and Technology; Public Trust; Department of Corrections; Education Review Office; Statistics New Zealand; Office of the Controller and Auditor-General; Minis­ try of Economic Development; the National Library and the Office of Ethnic Affairs.
The Chief Human Rights Commissioner and the Race Relations Conciliator, the Privacy Commissioner, and the Health and Disabil­ ity Commissioner have also been consulted. In addition, members of the Labour Justice Caucus, the Coalition Consultation Minister, and other relevant Cabinet Ministers were invited to a ministerial brief­ing, which covered the main points in this statement.

Hon Margaret Wilson

Schedule 2 Schedule 3

Amendments relating to disability as a Consequential amendments to ground for removal from office other enactments

The Parliament of New Zealand enacts as follows:

1 Title

(1) This Act is the Human Rights Amendment Act 2001.

(2) In this Act (except Parts 2 and 3), the Human Rights Act 1993 no 82 is called “the principal Act”.

2 Commencement

This Act comes into force on 1 January 2002.

Part 1

Amendments to principal Act

Amendment to preliminary provisions

3 New section 2 substituted

The principal Act is amended by repealing section 2, and substituting the following section:
“2 Interpretation
In this Act, unless the context otherwise requires,—
act includes an activity, condition, enactment, policy, prac- tice, or requirement
Chief Commissioner means the Commissioner appointed as the Chief Human Rights Commissioner under
Commission means the Human Rights Commission con- tinued by section 4
Commissioner means a member of the Commission
Director of Human Rights Proceedings or Director means the Director of Human Rights Proceedings or alternate Direc- tor of Human Rights Proceedings appointed under
dispose, in sections 53 and 54, includes sell, assign, lease, let, sublease, sublet, license, or mortgage, and agree to dispose
dispute resolution meeting means a meeting of the kind referred to in

dispute resolution services includes the provision of answers to questions by members of the public about discrimi­ nation and compliance with this Act
employer, in Part II, includes—
“(a) the employer of an independent contractor; and
“(b) the person for whom work is done by contract workers under a contract between that person and the person who supplies those contract workers; and
“(c) the person for whom work is done by an unpaid worker
employment agreement has the meaning given to that term by section 5 of the Employment Relations Act 2000
employment contract has the meaning given to that term by section 2 of the Employment Contracts Act 1991
General manager means the General manager of the Com- mission appointed by the Chief Commissioner under
; and includes any acting general manager of the
Commission
Human Rights Review Tribunal or Tribunal means the
Tribunal continued by section 93
Minister means the Minister of Justice
Office of Human Rights Proceedings or Office means the office referred to in
prohibited ground of discrimination has the meaning given to it by section 21
Race Relations Commissioner means the Commissioner appointed as the Race Relations Commissioner under
relative, in relation to any person, means any other person who—
“(a) is related to the person by blood, marriage, affinity, or adoption; or
“(b) is wholly or mainly dependent on the person; or
“(c) is a member of the person’s household
residential accommodation, in sections 53 and 54, includes accommodation in a dwellinghouse, flat, hotel, motel, board­ inghouse, or camping ground
superannuation scheme means any superannuation scheme, fund, or plan, or any provident fund, set up to confer,

on its members or other persons, retirement or other benefits, such as accident, disability, sickness, or death benefits
trustees, in relation to a superannuation scheme, includes the person or persons appointed to administer a superannua­ tion scheme constituted under an Act of Parliament of New Zealand.

Compare: 1977 No 49 ss 2, 15(13), 25(5); 1983 No 56 s 4(4); 1992 No 16 s 2(3);

1993 No 35 s 3(3)”.

Amendments to Part I

4 Continuation of Human Rights Commission

Section 4 of the principal Act is amended by adding the following subsection:
“(4) The capacities, rights, and powers referred to in subsections
(2) and (3) may be exercised only—
“(a) by persons authorised by or under this Act to perform functions of the Commission, for the purposes of per­ forming 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.”

5 New sections 5 to 20F and headings substituted

The principal Act is amended by repealing sections 5 to 20 and the headings before sections 5, 7, 10, 12, and 14, and substituting the following sections and headings:

Functions and powers of Commission

“5 Functions and powers of Commission
“(1) The primary functions of the Commission are—
“(a) to improve understanding and appreciation of the role of human rights in New Zealand society; and
“(b) to encourage the maintenance and development of har­ monious relations between the diverse groups in New Zealand society.
“(2) The Commission has, in order to carry out its primary func- tions under , the following functions:

“(a) to be an advocate for and to promote, by education and publicity, respect for, and observance of, human rights:
“(b) to encourage and co-ordinate programmes and activi- ties 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 institu- tions and procedures under this Act for dealing with complaints of unlawful discrimination):
“(d) to prepare and publish, as the Commission considers appropriate, guidelines for the avoidance, in 1 or more specified industries or sectors, of acts or practices that may be inconsistent with, or contrary to, this Act:
“(e) to receive and invite representations from members of the public on any matter affecting human rights:
“(f) to consult and co-operate with other persons and bodies concerned with the protection of human rights:
“(g) 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:
“(h) to appear in or bring proceedings, in accordance with
:
“(i) 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 of this subsection:
“(j) 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

Part 1 cl 5

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:
“(k) 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:
“(l) to develop a national plan of action, in consultation with interested parties, for the promotion and protection of human rights in New Zealand:
“(m) to do anything incidental or conducive to the perform- ance of any of the functions set out in :
“(n) 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 relat- ing 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.

Compare: 1977 No 49 ss 5(1), (3), (5), 6(1), (2), 28A, 78(1); 1977 No 49 ss 78(1), 86

“6 Powers relating to declaratory judgments
“(1) If at any time the Commission considers that it may be desira- ble 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 only if it considers that the exercise of the right will facilitate the performance of its functions stated in .

“(3) does not limit the ability of the Commission to appear in or bring proceedings under
.

Compare: 1977 No 49 s 5A; 1983 No 56 s 3

Activities in performance of Commission’s functions

“7 Commission determines general nature of activities
“(1) 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 determi- nations of the Commission.

Membership of Commission

“8 Membership of 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 Com- missioner, whose office is also a full-time one:
“(c) no more than 5 other Commissioners, whose offices are each part-time ones.
“(2) Every Commissioner is appointed by the Governor-General on the recommendation of the Minister.
“(3) The powers and functions of the Commission are not affected by a vacancy in its membership.

Compare: 1977 No 49 s 7(1)(a)(c), (ca), (d), (2); 1983 No 56 s 4(1), (2); 1991

No 132 s 3(1); 1993 No 35 s 2

“9 Alternate Commissioners
“(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 or the Chief Commis- sioner under .

Part 1 cl 5

“(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 Commis- sioner’s successor comes into office; or
“(b) during the Chief Commissioner’s incapacity or in respect of a particular function or activity of the Com- mission, as the case may be, if—
“(i) the Minister is satisfied that the Chief Commis- sioner 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 Commis- sioner 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
; or
“(b) the Chief Commissioner is satisfied that any other Com- missioner 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 ; or
“(d) any other Commissioner considers it is not proper or desirable that he or she should participate in the func- tion or activity of the Commission.
“(4) An alternate Commissioner designated under
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 Com­ mission 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.

Compare: 1977 No 49 s 7B; 1985 No 23 s 2

“10 Meetings of Commission
“(1) Meetings of the Commission are held at such times and places as the Commission or its Chairperson may appoint.
“(2) The Chairperson, or any 4 Commissioners, may, at any time, call a special meeting of the Commission.
“(3) At a meeting of the Commission, the quorum necessary for the transaction of business is 4 Commissioners.
“(4) The Chairperson must preside at all meetings of the Commis­ sion at which he or she is present. In the absence of the Chairperson from a meeting, the Commissioners present must appoint 1 of their number to be the Chairperson for the pur­ poses of that meeting.
“(5) At a meeting of the Commission, the presiding member has a deliberative vote and, in the case of an equality of votes, also has a casting vote.
“(6) A question arising at a meeting of the Commission must be decided by a majority of the valid votes recorded on the question.
“(7) Except as provided by or under this Act, the Commission may regulate its procedure in any manner it thinks fit.

Compare: 1977 No 49 s 10

Criteria for appointment

“11 Criteria for appointment
“(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 between them—
“(a) knowledge of, or experience in,—
“(i) different aspects of matters likely to come before the Commission:

Part 1 cl 5

“(ii) New Zealand law, or the law of another country, or international law, on human rights, including the Treaty of Waitangi and rights of indigenous peoples:
“(iii) current economic, employment, or social issues:
“(iv) cultural issues and the needs and aspirations (including life experiences) of different commu- nities 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:
“(2) Nothing in this section limits .

Compare: 1977 No 49 s 7(3); 1985 No 23 s 3(1)

“12 Further criteria for appointment of Chief Commissioner In recommending a person for appointment as Chief Commis- sioner, the Minister must have regard not only to the criteria stated in but also to the person’s—
“(a) ability to provide leadership in relation to the perform- ance 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 coun- tries, and international law, on human rights, and of New Zealand’s obligations under international instru- ments on human rights:
“(d) appreciation of issues or trends in human rights arising in other countries or internationally, and of the rele- vance of those issues or trends for New Zealand:
“(e) ability to perform the functions stated in .

“13 Further criteria for appointment of Race Relations

Commissioner

In recommending a person for appointment as Race Relations Commissioner, the Minister must have regard not only to the criteria stated in 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 rele- vance of those issues or trends for New Zealand:
“(c) ability to perform the functions stated in .

Functions of Commissioners

“14 Functions of Chief Commissioner
The Chief Commissioner has the following functions:
“(a) to chair the Commission and lead discussions of the
Commission (except those on matters of race relations):
“(b) to ensure that activities undertaken in the performance of the Commission’s functions (except for those stated in ) are consistent with the strategic direction and other determinations of the Commission under
:
“(c) to allocate spheres of responsibility among the Com- missioners, and to determine the extent to which Com- missioners engage in activities undertaken in the per- formance of the Commission’s functions (except for those stated in ), but in each case only after consultation with the Minister:
“(d) to ensure the Race Relations Commissioner is consulted on matters of race relations arising in the course of activities undertaken in the performance of the Com- mission’s functions (except for those stated in
), and to carry out the functions conferred on the Chief Commissioner by :
“(e) 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:

Part 1 cl 5

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

Compare: 1977 No 49 s 7(1)(a), (5)

“15 Functions of Race Relations Commissioner
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 deter- minations of the Commission under :
“(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.

Compare: 1971 No 150 s 13; 1977 No 49 s 86

General manager and staff of Commission

“16 General manager and staff of Commission
“(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 determi- nations of the Commissioner under .
“(2) The General manager—
“(a) reports to the Chief Commissioner on matters of admin- istration in relation to the Commission; and
“(b) is appointed by the Chief Commissioner, in accordance with .

“(3) Employees of the Commission report to the General manager.
“(4) The functions of the Commission stated in are per­ formed on behalf of the Commission by the General manager and staff of the Commission, acting in accordance with the strategic direction and other determinations of the Commis- sion under .

Commissioners to act independently

“17 Duty to act independently
Members of the Commission must act independently in the exercise or performance of functions of the Commission.

Office of Human Rights Proceedings

“18 Office of Human Rights Proceedings
“(1) The Office of Human Rights Proceedings is part of the Com­ mission and is headed by the Director of Human Rights Pro­ ceedings 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 eco­ nomical administration of the activities of the Office.

Director of Human Rights Proceedings

“19 Director of Human Rights Proceedings
“(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 Pro­ ceedings 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 incapaci­ tated 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.

Compare: 1977 No 49 s 7B; 1985 No 23 s 2

“20 Criteria and requirement for appointment
“(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, dealing with dispute resolu­
tion, and financial and personnel management:
“(c) ability to exercise or perform, and to ensure the Office of Human Rights Proceedings helps the person to exer­ cise or perform, efficiently and effectively, the func­ tions, powers, and duties of the Director under this Act.
“(2) Every person appointed as Director of Human Rights Pro­ ceedings or as his or her alternate must be a barrister or solicitor of the High Court of not less than 5 years’ legal experience.

Compare: 1977 No 49 s 7(3); 1985 No 23 s 3(1)

Appointment of Judge as Human Rights Commissioner

“20A Appointment of Judge as Human Rights Commissioner
“(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 Commis- sioner 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.

Compare: 1977 No 49 ss 7(5A), 7A; 1983 No 56 ss 4(3), 5; 1985 No 23 s 3(1)

Provisions relating to office holders

“20B Office holders to whom sections 20C to 20E apply
“(1) each apply to a person (the office holder)
who holds 1 of the following offices (the office):
“(a) Commissioner:
“(b) alternate Commissioner:
“(c) Director of Human Rights Proceedings:
“(d) alternate Director of Human Rights Proceedings.
“(2) However, do not apply to a Commissioner or alternate Commissioner who is a Judge.
“(3) Nothing in limits the application of
to a Commissioner or alternate Commissioner who ceases to be a Judge during his or her term of office as a Commissioner or alternate Commissioner.

Compare: 1983 No 56 s 6; 1985 No 23 s 3(1)

“20C Service in office
The office holder must not be treated as being employed in the service of Her Majesty for the purposes of the State Sector Act
1988 or the Government Superannuation Fund Act 1956 just because he or she is appointed to the office.

Compare: 1971 No 150 s 34; 1977 No 49 s 7(4); 1985 No 23 s 3(1)

“20D Term of office
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 , continues in

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

Compare: 1971 No 150 s 12(1), (2); 1977 No 49 s 8; 1985 No 23 s 3(1)

“20E Vacation of office
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 1967, 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.

Compare: 1971 No 150 s 12(3); 1977 No 49 s 9; 1985 No 23 s 3(1)

Administrative provisions relating to Human Rights

Commission and Office of Human Rights Proceedings

“20F Administrative provisions set out in Schedules 1 and 2
“(1) applies in respect of the Commission.
“(2) applies in respect of the Office.”

6 New Part 1A inserted

The principal Act is amended by inserting, immediately before Part II, the following Part:

Part 1A

Discrimination by Government, related persons and bodies, or persons or bodies acting with

legal authority

“20G Purpose of this Part
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) a person or body referred to in section 3 of the New
Zealand Bill of Rights Act 1990; or

“(b) any person or body if the act or omission is authorised or required by an enactment or otherwise by law.
“20H Acts or omissions in relation to which this Part applies
“(1) This Part applies only in relation to—
“(a) an act or omission of a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990, namely—
“(i) the legislative, executive, or judicial branch of the Government of New Zealand; or
“(ii) 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; and
“(b) an act or omission of any person or body that is authorised or required by an enactment or otherwise by law.
“(2) Despite , this Part does not apply in relation to an act or omission that is not authorised or required by an enactment or otherwise by law and that is unlawful under any of sections 22, 23, and 61 to 63.
“(3) If this Part applies in relation to an act or omission, Part II
does not apply to that act or omission.
“(4) Nothing in this Part affects section 19 of the New Zealand Bill of Rights Act 1990.
“20I Purposes for which section 20J applies
applies only for the purposes of—
“(a) any inquiry undertaken by the Commission under
:
“(b) the assessment, consideration, mediation, or determina- tion of a complaint under :
“(c) any determination made by the Director under concerning the provision of representation in proceed- ings 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:

Part 1 cl 6

“(f) any other process or proceedings commenced or con- ducted under :
“(g) any related matter.
“20J Acts or omissions in breach of this Part
“(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 , an act or omission is incon- sistent 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, apply in relation to an act or omission even if it is authorised or required by an enactment.”

Amendments to Part II

7 New headings and sections 21A and 21B inserted

To insert, after the heading to Part II, the following headings and sections:

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

“(1) The only provisions of this Part that apply to an act or omis- sion of a person or body described in are sections
21 to 35 (which relate to discrimination in employment mat- ters) and 61 to 64 (which relate to racial disharmony, and sexual and racial harassment) and, to the extent that sections
65 to 74 relate to conduct that is unlawful under any of sections 22, 23, and 61 to 63, sections 65 to 74.
“(2) The persons and bodies referred to in 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.

Acts or omissions authorised or required by law

“21B Relationship between this Part and other 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 section 19 of the New Zealand Bill of Rights Act 1990.

Prohibited grounds of discrimination“.

8 Exceptions in relation to access by the public to places,
vehicles, and facilities
Section 43 of the principal Act is amended by repealing sub­
section (3), and substituting the following subsection:
“(3) Nothing in subsection (2) limits section 47A of the Building
Act 1991.”

New Part III substituted

9 New Part III substituted

The principal Act is amended by repealing Part III, and substi­
tuting the following Part:

Part III

Resolution of disputes about compliance with

Part 1A and Part II

“75 Object of this Part
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 or
Part II 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
or Part II are to be resolved promptly, expert problem­

Part 1 cl 9

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.
“76 Functions of Commission under this Part
“(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 or Part II, 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
, the following functions:
“(a) to receive and assess a complaint alleging that there has been a breach of or Part II, or both:
“(b) to gather information in relation to a complaint of that kind (including one referred back to it by the Director under , or the Tribunal under ) for the purposes of :
“(c) to offer services designed to facilitate resolution of the complaint, including information, expert problem-solv- ing 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
applies:
“(e) to provide information gathered in relation to a com- plaint to the parties concerned.
“77 Dispute resolution services
“(1) The Commission must provide dispute resolution services for the purposes of carrying out its functions under .

“(2) Services provided under this section may include—
“(a) the provision of general information about discrimina- tion and legal obligations in relation to discrimination:
“(b) the provision of information about what services are available for persons who have disputes about compli- ance with or Part II:
“(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 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
or Part II.
“78 Method of providing services
Services provided under 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 prob- lem); 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.

Part 1 cl 9

“79 How complaints received to be treated
“(1) This section applies if the Commission receives, under
, a complaint alleging that there has been a breach of or Part II 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 .
“(3) Despite every other provision of this section, if the complaint or part of it concerns an order of a court, or an act or omission of a court affecting the conduct of any proceedings, the Com- mission must take no further action in relation to the com- plaint 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
applies, the complaint or relevant part of it—
“(a) must be treated only as a complaint that there is a breach of , unless the act or omission complained of involves conduct that is unlawful under any of sec- tions 22, 23, and 61 to 63; and
“(b) if the act or omission complained of involves conduct that is unlawful under any of sections 22, 23, and 61 to
63, must be treated only as a complaint that there has been a breach of the relevant provision or provisions of Part II.
“(5) If the complaint or relevant part of it alleges that there has been a breach of Part II, and none of apply to the complaint or relevant part of it, the complaint or rele- vant part of it must be treated only as a complaint that there has been a breach of the relevant provision or provisions of Part II.
“80 Taking action or further action in relation to complaint
“(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 know- ledge 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 Parlia- ment 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 complain- ant or the person alleged to be aggrieved (if not the complain- ant) 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 , to bring proceed- ings before the Human Rights Review Tribunal.

Compare: 1977 No 49 s 35; 1981 No 127 s 3

“81 Commission to inform parties of process
“(1) Before gathering information about a complaint, the Commis- sion must comply with .
“(2) The Commission must inform the following persons of the Commission’s intention to gather information under , and provide them with general information about the matters stated in :
“(a) the complainant (if any); and
“(b) any person alleged to be aggrieved (if not the complain- ant); and
“(c) the person against whom the complaint is made; and

Part 1 cl 9

“(d) if the complaint alleges a breach of , or alleges a breach of Part II by a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990, the Attorney-General.
“(3) The matters referred to in 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 applies, the Attorney-General—
“(a) of the details of the complaint (if any); and
“(b) of the right of that person and, if 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 satis-
fied if all reasonable efforts have been made to inform the person.
“82 Information gathering and disclosure by Commission
“(1) When the Commission gathers information about a complaint under for the purposes of —
“(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 , no person is enti- tled 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.
“83 Settlement
“(1) This section applies if at any time it appears to the Commis- sion from a complaint (including one referred back to the Commission by the Director, under , or the Tri- bunal, under ), or from information gathered in relation to the complaint (including any response made under
), 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 apol- ogy; and
“(b) includes a satisfactory assurance by the person to whom the complaint relates against the repetition of the con- duct that was the subject matter of the complaint or against further conduct of a similar kind.
“84 Reference of complaint to Director or from Director or

Tribunal

“(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 , 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
, or one by the Tribunal, under .
“(3) A requirement under this section to inform a person is satis-
fied 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 , or by the Tribunal, under
, 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.
“85 Confidentiality of information disclosed at dispute resolution meeting
“(1) Except with the consent of the parties or the relevant party, persons referred to in 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.

Part 1 cl 9

“(2) 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.

“86 Evidence as to dispute resolution meeting
“(1) No mediator at a dispute resolution meeting may give evi- dence 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 , is required to be kept confidential.
“87 Certain information not to be made available
Any statement, admission, document, or information dis- closed 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 applies, except with the consent of the parties or the relevant party.
“88 Limits on effect of section 80(1) or sections 85 to 87
Nothing in or —
“(a) prevents the discovery or affects the admissibility of any evidence (being evidence that is otherwise discov- erable 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 Commis- sion 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.
“89 Enforcement of terms of settlement agreed by parties
A settlement between parties to a complaint may be enforced by proceedings before the Tribunal brought under

“(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.
“90 Functions of Director of Human Rights Proceedings under this Part
“(1) The Director’s functions under this Part include, in relation to a complaint,—
“(a) deciding, in accordance with , whether, and to what extent, to provide representation for a party who requests the Director to provide repre- sentation in proceedings before the Tribunal 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 , whether to refer the complaint back to the Commission:
“(c) deciding, in accordance with , whether, and to what extent, to provide representation for a complainant, aggrieved person (if not the com- plainant), or group of persons who requests, or who request, the Director to provide representation in pro- ceedings before the Tribunal against the person against whom the complaint was made or the Attorney- General, and providing representation for the complain- ant, 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

Part 1 cl 9

proceedings brought under or in pro- ceedings in which the Commission is entitled to appear and be heard under , deciding, in accordance with
, whether, and to what extent, to provide represen- tation for the Commission in proceedings before the Tribunal.
“91 Requirements for Director’s decisions under section 90
“(1) The Director may make a decision under 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 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 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.
“92 Matters Director to have regard to in deciding whether

to provide representation in proceedings before Tribunal

“(1) In deciding under whether, and to what extent, to provide representation for a complain- ant, aggrieved person, group of persons, party to a settlement of a complaint, or the Commission, the Director must have regard to the matters stated in .
“(2) The matters 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 proceed- ings would be brought by or affect a large class of persons):
“(c) the level of harm involved in the matters that are the subject of the complaint:
“(d) whether proceedings before the Tribunal 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 :
“(g) any other special circumstances that, in the Director’s opinion, mean that it would be in the public interest for the Director to provide representation in relation to the complaint.
“92A Director to notify and report on decisions on representation
“(1) Promptly after making a decision under , 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 , the Direc- tor 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 Com- mission in proceedings in which the Commission is entitled to be heard under , 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 con- cerned, on the Director’s decisions under , and, as soon as practicable, the Minister must present a copy of the report to the House of Representatives.

Part 1 cl 9

Proceedings

“92B Civil proceedings arising from complaints
“(1) If a complaint referred to in 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 (other than a breach of that is an enactment, or an act or omission authorised or required by an enactment or otherwise by law), against the person against whom the complaint was made:
“(b) for a breach of that is an enactment, or an act or omission authorised or required by an enactment or otherwise by law, against the Attorney-General:
“(c) for a breach of Part II, against the person against whom the complaint was made.
“(2) If a complaint under relates to a discriminatory practice alleged to be in breach of or Part II and to affect a class of persons, proceedings under may be brought by the Commission on behalf of the class of persons affected.
“(3) A person against whom a complaint referred to in
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
by, or on behalf of, the complainant or person aggrieved or a class of persons.
“(4) If parties to a complaint under 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 are not limited or affected just because the Commission or a mediator at a medi- ation conference or the Director is taking any action in rela- tion to the complaint concerned.
“(6) Despite , the Commission may bring proceedings under only if—
“(a) the complainant or person aggrieved (if not the com- plainant) has not brought proceedings; and
“(b) the Commission has consulted with that person before bringing the proceedings; and

“(c) it considers that bringing the proceedings will facilitate the performance of its functions stated in .
“(7) Despite , no proceedings may be brought under this section in respect of a complaint or relevant part of a complaint to which applies.
“92C Representation in civil proceedings arising from complaints
“(1) A party to proceedings before the Tribunal may appear and be heard—
“(a) in person, or by a barrister or solicitor provided by the person; or
“(b) by a barrister and solicitor provided by the Director if, and to the extent that, the Director has decided, under
, 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
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 com- plaint; and
“(b) in accordance with a decision of the Director under
.
“(4) Nothing in this Act limits or affects the entitlement to legal aid (if any) of a party in respect of proceedings or intended pro- ceedings before the Tribunal (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 Direc- tor under ).
“92D Tribunal may refer complaint back to Commission, or adjourn proceedings to seek resolution by settlement
“(1) When proceedings under are brought, the
Tribunal—

Part 1 cl 9

“(a) must (whether through a member or officer) first con- sider whether an attempt has been made to resolve the complaint (whether through mediation or otherwise); and
“(b) must refer the complaint under 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
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 Commis- sion (for example, by mediation).
“(3) The Tribunal may, instead of exercising the power conferred by , adjourn any proceedings relating to a com- plaint under 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.
“92E Civil proceedings arising from inquiry by Commission
“(1) If the Commission considers that an inquiry by it under has disclosed or may have disclosed a breach of
a kind referred to in any of , it may bring civil proceedings before the Human Rights Review Tribunal,—
“(a) for a breach of (other than a breach of 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 a breach:
“(b) for a breach of that is an enactment, or an act or omission authorised or required by an enactment or otherwise by law, against the Attorney-General:

“(c) for a breach of Part II, against the person or persons alleged to be responsible for a breach.
“(2) The Commission may exercise the right in only if it considers that the exercise of the right will facilitate the performance of its functions stated in .
“(3) This section does not limit .
“92F Proof of justified limits and exceptions
“(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 II, excepted from conduct that is unlawful under any provision of Part II lies on the defendant.

Compare: 1977 No 49 s 39

“92G Right of Attorney-General to appear in civil proceedings
“(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 Tribu- nal alleging a breach of , or alleging a breach of Part II 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 that are or have been before the Human Rights Review Tribunal:
“(i) a District Court:
“(ii) the High Court:
“(iii) the Court of Appeal.
“(2) The right to appear and be heard given by 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 , the Attorney-General appears in any proceedings of a kind described in that subsection, he or she

Part 1 cl 9

has, unless those proceedings are by way of appeal, the right to adduce evidence and the right to cross-examine witnesses.

Compare: 1977 No 49 s 38A; 1983 No 56 s 13; 1993 No 35 s 3(5)

“92H Right of Commission to appear in civil proceedings
“(1) The Commission may appear and be heard, in person or by a barrister or solicitor,—
“(a) in proceedings before the Human Rights Review Tribu- nal; 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.
“(2) The right to appear and be heard given by may be exercised—
“(a) whether or not the Commission is or was a party to the proceedings before the Human Rights Review Tribu- nal; but
“(b) only if the Commission considers that the exercise of the right will facilitate the performance of its functions stated in .
“(3) If, under , the Commission appears in any pro- ceedings 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
.

Compare: 1977 No 49 s 38A; 1983 No 56 s 13; 1993 No 35 s 3(5)

“92I Remedies

Remedies

“(1) This section is subject to (which relate to the only remedy that may be granted by the Tribunal if it finds that an enactment is in breach of ).
“(2) In proceedings before the Human Rights Review Tribunal brought under , the plaintiff may seek any of the remedies described in that the plaintiff thinks fit.

“(3) If, in proceedings referred to in , the Tribunal is satisfied on the balance of probabilities that the defendant has committed a breach of or Part II, the Tribunal may grant 1 or more of the following remedies:
“(a) a declaration that the defendant has committed a breach of or Part II:
“(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 :
“(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 per- formed in contravention of any provision of or Part II is an illegal contract:
“(f) 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:
“(g) any other relief the Tribunal thinks fit.
“(4) It is no defence to proceedings referred to in
that the breach was unintentional or without negligence on the part of the defendant, but, subject to
, the Tribunal must take the conduct of the defendant into account in deciding what, if any, remedy to grant.
“(5) In proceedings before the Human Rights Review Tribunal brought, under , 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 or Part II.

Compare: 1977 No 49 s 38(5), (6), (8); 1983 No 56 s 12(3)

“92J Remedy for enactments in breach of Part 1A
“(1) If, in proceedings before the Human Rights Review Tribunal, the Tribunal finds that an enactment is in breach of , the only remedy that the Tribunal may grant is the declaration referred to in .

Part 1 cl 9

“(2) The declaration that may be granted by the Tribunal, if 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
unless that decision has the support of all or a majority of the members of the Tribunal.
“92K Effect of declaration
“(1) A declaration under 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 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 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.
“92L Costs
In any proceedings under , the Tribunal may make any award as to costs that it thinks fit, whether or not it grants any other remedy.

Compare: 1977 No 49 s 38(7); 1983 No 56 s 12(4)

“92M Damages
“(1) In any proceedings under , the Tribunal may award damages against the defendant for a breach of or Part II 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 .

Compare: 1977 No 49 s 40(1)

“92N Directions as to payment of damages in certain cases
“(1) If the plaintiff is an unmarried minor, the Tribunal may, in its discretion, direct the defendant to pay damages awarded under to the Public Trustee 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, the Tribunal may, in its discretion, direct the defendant to pay damages awarded under to the Public Trustee.
“(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 dam- ages and,—
“(a) if damages fall within the terms of the property order, the Tribunal must direct the defendant to pay damages awarded under to the person or trustee cor- poration 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 to the Public Trustee.

Part 1 cl 9

“(4) If money is paid to the Public Trustee under any of
,—
“(a) section 12 of the Minors’ Contracts Act 1969 applies in the case of an unmarried minor; and
“(b) subsections (4) and (6) to (9) of section 66 of the Public Trust Office Act 1957 apply, with all necessary modifi- cations, in the case of a person referred to in
.

Compare: 1977 No 49 s 40; 1983 No 56 s 14(2)

“92O Tribunal may defer or modify remedies for breach of

Part 1A or Part II

“(1) If, in any proceedings under this Part, the Tribunal determines that an act or omission is in breach of or Part II, it may, on the application of any party to the proceedings, take 1 or more of the actions stated in .
“(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 proceed- ings 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.
“92P Matters to be taken into account in exercising powers given by section 92O
“(1) In determining whether to take 1 or more of the actions referred to in , 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
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 or Part II:
“(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
or that an act or omission by a person or body referred to in of the New Zealand Bill of Rights Act 1990 is in
breach of Part II, in determining whether to take 1 or more of the actions referred to in , the Tribunal must, in addition to the matters specified in , 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.

Monetary limits on remedies Tribunal may grant

“92Q Monetary limits on remedies Tribunal may grant
“(1) Proceedings under 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 , the Tribu- nal 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 , if civil proceedings under are brought on behalf of more than 1 complainant
or, as the case may be, more than 1 aggrieved person, those

Part 1 cl 9

proceedings must, for the purpose of applying any monetary limit under , 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.

Compare: 1977 No 49 s 41; 1983 No 56 s 15; 1993 No 5 s 3(6)

Granting of remedies by High Court on reference from Tribunal

“92R Tribunal to refer granting of remedies to High Court
The Human Rights Review Tribunal must refer the granting of a remedy in any proceedings under to the High Court if the Tribunal is satisfied on the balance of probabilities that a defendant in the proceedings has commit- ted a breach of or Part II, but that—
“(a) the granting of the appropriate remedy under
would be outside the limits imposed by ; or
“(b) that the granting of a remedy in those proceedings would be better dealt with by the High Court.

Compare: 1977 No 49 s 42(1)

“92S Further provisions on reference to High Court
“(1) A reference under 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 or Part II; and
“(b) includes, or is accompanied by, a statement of the con- siderations 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 is the same as the procedure prescribed by rules of court in respect of appeals, and those rules apply with all necessary modifications.

Compare: 1977 No 49 s 42(4)–(6), (8)

“92T High Court decides remedies on reference from

Tribunal

“(1) This section applies where the granting of a remedy in any proceedings under is referred to the High Court under .
“(2) The High Court may direct the Tribunal to amplify any report made under .
“(3) Every person who, under , is given or sent a copy of a report under 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 or Part II.
“(4) However, no person referred to in may, on the reference under , challenge the finding of the Tribu- nal referred to in .
“(5) The High Court must decide, on the basis of the Tribunal’s
finding that the defendant has committed a breach of or
Part II, whether 1 or more of the remedies set out in or the remedy set out in is to be granted.

Compare: 1977 No 49 s 42(2), (5), (6)

“92U High Court’s decision on remedies to be included in, and given effect to as part of, Tribunal’s determination
“(1) Every decision of the High Court under —
“(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 .
“(2) Nothing in —
“(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 .

Compare: 1977 No 49 s 42(3), (9)

Part 1 cl 9

Abandonment or agreement to bring claim within

Tribunal’s jurisdiction

“92V Abandonment to enable Tribunal to make award of damages
“(1) This section applies where the Tribunal would have jurisdic- tion in any proceedings under to make an award of damages in accordance with 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 ).
“(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 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 .

Compare: 1977 No 49 s 43

“92W Extension of jurisdiction by agreement between parties
“(1) If, in any proceedings under , only prevents the Tribunal from granting any 1 or more
of the remedies stated in , and the parties to the proceedings, by memorandum signed by them or their respec- tive solicitors or agents, agree that the Tribunal is to have jurisdiction to grant any 1 or more of those remedies irrespec- tive of , the Tribunal has jurisdiction to grant 1 or more of those remedies accordingly.
“(2) This section overrides .

Compare: 1977 No 49 s 44(1)”.

Amendments to Part IV

10 New heading to Part IV substituted

The principal Act is amended by repealing the heading to Part
IV, and substituting the following heading:

Human Rights Review Tribunal“.

11 Complaints Review Tribunal

Section 93 of the principal Act is amended by—
(a) omitting from the heading to that section the word
Complaints“, and substituting the words “Human

Rights”; and

(b) inserting, after the word “and”, the words “, immedi- ately before (being the date of the com- mencement of the ),”; and
(c) adding the words “, and, on and after , is called the Human Rights Review Tribunal”.

12 Functions of Tribunal

Section 94(a) of the principal Act is amended by omitting the expression “sections 83, 95, and 97 of this Act”, and substi- tuting the expression ” , 95, and “.

13 Power to make interim order

Section 95 of the principal Act is amended by repealing sub- section (2), and substituting the following subsection:
“(2) An application for an interim order may be made,—
“(a) in the case of proceedings under , by the person bringing the proceedings; and
“(b) in the case of proceedings under , by the
Commission.”

14 New section 97 substituted

The principal Act is amended by repealing section 97, and substituting the following section:
“97 Power in respect of exception for genuine occupational qualification or genuine justification
“(1) The Tribunal may exercise the power referred to in
, 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 per- sons against whom a complaint under has been made, or a person who is the subject of an inquiry under .
“(2) The power is to declare that an act, omission, practice, requirement, or condition that would otherwise be unlawful

under Part II is not unlawful because it constitutes either or both—
“(a) a genuine occupational qualification, in respect of sec­
tions 22 to 41:
“(b) a genuine justification, in respect of sections 42 to 60.”

15 New section 99A inserted

The principal Act is amended by inserting, after section 99, the following section:
“99A Criteria and requirement for appointment of

Chairpersons

“(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 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’ legal experience.”

16 Appointment and term of office

Section 100(1) of the principal Act is repealed.

17 Panel

Section 101 of the principal Act is amended by repealing subsection (2), and substituting the following subsections:
“(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 and solicitors of the High Court of not less than 5 years’ legal experience.”

18 New section 105 substituted

The principal Act is amended by repealing section 105, and substituting the following section:
“105 Substantial merits
“(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.”

19 Evidence in proceedings before Tribunal

Section 106 of the principal Act is amended by repealing subsection (1), and substituting the following subsection:
“(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, informa­ tion, 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.”

20 Persons entitled to be heard

Section 108 of the principal Act is amended by repealing subsection (2), and substituting the following subsection:
“(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.”

Part 1 cl 21

21 New sections 108A and 108B inserted

The principal Act is amended by inserting, after section 108, the following sections:
“108A Tribunal to give notice of proceedings
The Tribunal must notify the Attorney-General promptly of the bringing of proceedings before the Tribunal alleging a breach of , or alleging a breach of Part II 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.
“108B Submissions in relation to remedies
“(1) Before the Tribunal grants any remedy under , it must give the parties to the proceedings and, if the remedy under consideration is a declaration under , the Attorney- General, an opportunity to make submissions on—
“(a) the implications of granting that remedy; and
“(b) the appropriateness of that remedy.
“(2) does not limit any provision in or section 108.”

22 Witness summons

Section 109(1) of the principal Act is amended by inserting, after the words “The Tribunal may”, the words “, if it con- siders it necessary,”.

23 Tribunal may dismiss trivial, etc, proceedings

Section 115 of the principal Act is amended by omitting the words “section 83″, and substituting the words ” or
“.

24 New section 116 substituted

The principal Act is amended by repealing section 116, and substituting the following section:
“116 Reasons to be given
“(1) This section applies to the following decisions of the Tribunal:
“(a) a decision to grant 1 or more of the remedies described in or the remedy described in or an order under section 95:
“(b) a decision to make a declaration under :

“(c) a decision to dismiss proceedings brought under or section 95 .
“(2) Every decision to which this section applies must be in writing and must show the Tribunal’s reasons for the decision, including—
“(a) relevant findings of fact; and
“(b) explanations and findings on relevant issues of law; and
“(c) conclusions on matters or issues it considers require determination in order to dispose of the matter.
“(3) The Tribunal must notify the parties, the Attorney-General, and the Human Rights Commission of every decision of the Tribunal.”

25 Enforcement

(1) Section 121 of the principal Act is amended by repealing subsection (1), and substituting the following subsection:
“(1) The following orders made by the Tribunal may, on registra- tion of a certified copy in the District Court, be enforced in all respects as if they were an order of that Court:
“(a) an order for the award of costs under ; and
“(b) an order for the award of damages under ;
and
“(c) an interim order under section 95.”
(2) Section 121(2) of the principal Act is amended by omitting the words “section 86 of this Act”, and substituting the words
” or an interim order of the Tribunal made under section 95″.

26 New sections 122A and 122B inserted

The principal Act is amended by inserting, after section 122, the following sections:
“122A Removal to High Court of proceedings or issue
“(1) The Tribunal may, with the leave of the High Court, order that proceedings before it under this Act, or a matter at issue in them, be removed to the High Court for determination.
“(2) The Tribunal may make an order under this section, with the leave of the High Court, before or during the hearing, and either on the application of a party to the proceedings or on its own initiative, but only if—

Part 1 cl 26

“(a) an important question of law is likely to arise in the proceedings or matter other than incidentally; or
“(b) the nature and the urgency of the proceedings or matter mean that it is in the public interest that they or it be removed immediately to the High Court; or
“(c) the High Court already has before it other proceedings, or other matters, that are between the same parties and involve issues that are the same as, or similar or related to, those raised by the proceedings or matter; or
“(d) the Tribunal is of the opinion that, in all the circum- stances, the High Court should determine the proceed- ings or matter.
“(3) If the Tribunal declines to remove proceedings, or a matter at issue in them, to the High Court (whether as a result of the refusal of the High Court to grant leave or otherwise), the party applying for the removal may seek the special leave of the High Court for an order of the High Court that the pro- ceedings or matter be removed to the High Court and, in determining whether to grant an order of the kind, the High Court must apply the criteria stated in .
“(4) An order for removal to the High Court under this section may be made subject to any conditions the Tribunal or the High Court, as the case may be, thinks fit.
“(5) Nothing in this section limits section 122.
“122B Proceedings or issue removed to High Court
“(1) If the Tribunal, acting under , orders the removal of proceedings, or a matter at issue in them, to the High Court, the High Court may, if it considers that the proceedings or matter ought instead to be determined by the Tribunal, order that the Tribunal determine the matter.
“(2) If the Tribunal, under , orders that proceedings, or a matter at issue in them, be removed to the High Court, and the High Court makes no order under ,—
“(a) the High Court must determine the proceedings or mat- ter and may exercise any power that the Tribunal could have exercised in, or in relation to, the proceedings or matter; and
“(b) a party to the proceedings may, under section 124, appeal to the Court of Appeal against the determination

of the High Court on a question of law arising in the proceedings.”

27 Appeals to High Court

Section 123 of the principal Act is amended by repealing subsection (2), and substituting the following subsection:
“(2) If a party to proceedings under is dissatisfied with a decision of the Tribunal dismissing those proceedings or granting 1 or more of the remedies described in or the remedy described in or constitut- ing a final determination of the Tribunal in those proceedings, that party may appeal to the High Court against all or any part of that decision.”

28 Additional members of High Court for purposes of Act

Section 126(1) of the principal Act is amended—
(a) by omitting from paragraph (a) the words “section 90 of this Act”, and substituting the expression ” “; and
(b) by omitting from paragraph (b) the words “sections 123 to 125 of this Act”, and substituting the expression
” “.

Amendments to Part V

29 Amendment to heading to Part V

The heading to Part V of the principal Act is amended by omitting the word “Investigations“, and substituting the word “Inquiries“.

30 Sections 127 to 129 repealed

Sections 127 to 129 of the principal Act are repealed.

31 Proceedings privileged

Section 130 of the principal Act is amended—
(a) by adding to the words “or the Director of
Human Rights Proceedings”; and
(b) by omitting from subsection (4) the words “or investi- gation” in both places where they appear.

Amendments to Part VII

32 No adverse statement

Section 138 of the principal Act is amended by omitting the words “Neither the Commission nor the Complaints Division shall”, and substituting the words “The Commission must not”.

33 New sections 139 and 140 substituted

The principal Act is amended by repealing sections 139 and
140, and substituting the following sections:
“139 Delegation of functions or powers by Commission
“(1) With the prior approval of the Minister, the Commission may, by writing signed by the Chief Commissioner, delegate to a Commissioner any function or power of the Commission under this Act, except those stated in and this power of delegation.
“(2) Delegations under this section are revocable at will and, until revoked, continue in force according to their tenor.
“(3) The delegation of a function or power under this section does not prevent the Commission from performing or exercising the function or power.
“(4) If a function or power is delegated under this section, the performance or exercise of the function or power must not be inconsistent with determinations of the Commission under
.

Compare: 1977 No 49 s 79

“140 Delegation of powers by certain Commissioners
“(1) The Chief Human Rights Commissioner or the Race Relations Commissioner may, in writing signed by him or her, delegate to an officer or employee of the Commission any of the Commissioner’s functions or powers under this Act, except this power of delegation and the power to make a report under this Act.
“(2) A delegation under this section—
“(a) may be made to a specified person or to the holder for the time being of a specified office or to the holders of offices of a specified class; and
“(b) may be made subject to any restrictions or conditions the Commissioner thinks fit; and

“(c) may be made either generally or in relation to any particular case or class of cases; and
“(d) is revocable at will and, until revoked, continues in force according to its tenor.
“(3) If a function or power is delegated under this section, the performance or exercise of the function or power must not be inconsistent with determinations of the Commission under
.
“(4) If a function or power is delegated under this section and the Commissioner by whom it was made ceases to hold office, the delegation continues to have effect as if it were made by his or her successor.
“(5) A person purporting to exercise a function or power of a Commissioner by virtue of a delegation under this section must, when required to do so, produce evidence of the per- son’s authority to exercise the power.

Compare: 1977 No 49 s 80”.

34 Regulations

Section 144(a) of the principal Act is amended by omitting the words “or the Complaints Division”.

35 New headings and sections 148 to 148O substituted

The principal Act is amended by repealing sections 145 to 148 and the heading above section 148, and substituting the fol­ lowing heading and sections:

Transitional provisions

“148 Former office of Commissioner abolished
“(1) The office of Commissioner under section 7(1) of the princi­ pal Act (as it read immediately before the commencement of this section) is abolished.
“(2) No person is entitled to compensation for loss of office as a
Commissioner under .
“148A Certain former Commissioners to be transitional members of Commission
“(1) The person who, immediately before the commencement of this section, held office as Chief Commissioner under section
7(1)(a) (as it read immediately before the commencement of this section) is taken to have been appointed to the office of

Part 1 cl 35

Chief Commissioner under (as substituted by of the ).
“(2) The person who, immediately before the commencement of this section, held office as the Race Relations Conciliator is taken to have been appointed to the office of Race Relations Commissioner under (as substituted by
of the ).
“(3) Every person who, immediately before the commencement of this section, held office as Commissioner under section
7(1)(e) (as it read immediately before the commencement of this section) is taken to have been appointed to the office of Commissioner under (as substituted by
of the ).
“(4) The Privacy Commissioner appointed under the Privacy Act
1993 and the Commissioner appointed to be Proceedings Commissioner under section 7(1)(d) (as it read before the commencement of the ) cease to be Human Rights Commissioners on the commencement of this section.
“(5) Every person who is taken to have been appointed to the office of Commissioner under this section is appointed on the same terms and conditions and for the remainder of the term for which the person was appointed under section 7(1) (as it read immediately before the commencement of this section).

Race Relations Conciliator

“148B Assets and liabilities vest in Commission
On the commencement of this section, the assets and liabili- ties of the Race Relations Conciliator vest in the Commission.
“148C References to Race Relations Conciliator
“(1) From the commencement of this section, unless the context otherwise requires, every reference to the Race Relations Conciliator in any instrument, document, or notice is to be read as a reference to the Race Relations Commissioner.
“(2) Despite , every reference to the Race Relations Conciliator in any contract or other instrument, document, or notice that creates, or is evidence of, an asset or liability, must be read as a reference to the Commission.

“148D Proceedings
Any proceedings to which the Race Relations Conciliator was a party or that he or she was considering bringing, before the commencement of this section, may be brought, continued, completed, and enforced by or against the Commission.
“148E Commission to arrange final audited accounts
The Commission must perform the duties that the Race Rela- tions Conciliator would have had to perform under section 41 of the Public Finance Act 1989 if the
had not been enacted, for the period beginning on
1 July 2001 and ending with the close of 31 December 2001.
“148F All employees transferred to Commission
“(1) Every person employed by the Race Relations Conciliator immediately before the commencement of this section is, on and from that date, an employee of the Commission on the same terms and conditions that applied to the employee imme- diately before that date.
“(2) For the purposes of every enactment, law, contract, and agree- ment relating to the employment of the employee,—
“(a) the contract of employment of that employee is taken to be unbroken; and
“(b) the employee’s period of service with the Race Rela- tions Conciliator and every other period of service of that employee that is recognised by the Race Relations Conciliator as continuous service is taken to have been a period of service with the Commission.
“(3) A person to whom applies is not entitled to any compensation just because the person has ceased to be an employee of the Race Relations Conciliator.

Proceedings Commissioner

“148G Proceedings Commissioner
“(1) The person who, immediately before the commencement of this section, held office as the Proceedings Commissioner under section 7(1)(d) (as it read immediately before the com- mencement of this section) is taken to have been appointed to the office of Director of Human Rights Proceedings under
(as substituted by of the
).

“(2) The Director of Human Rights Proceedings is appointed on the same terms and conditions and for the remainder of the term for which he or she was appointed Proceedings Commissioner.
“148H References to Proceedings Commissioner
From the commencement of this section, unless the context otherwise requires, every reference to the Proceedings Com­ missioner in any instrument, document, or notice is to be read as a reference to the Director.
“148I Proceedings to which Proceedings Commissioner party
“(1) Proceedings to which the Proceedings Commissioner was a party or that he or she was considering bringing, before the commencement of this section—
“(a) must be brought, continued, completed, and enforced by the Director; and
“(b) may be brought, continued, completed, and enforced against the Director.
“(2) Sections 86 to 92, 95, and 97 of this Act (as they read immedi­ ately before the commencement of this section) apply (with any necessary modifications) to any proceedings to which the Proceedings Commissioner was a party before the commence­ ment of this section as if—
“(a) the Director were the Proceedings Commissioner; and
“(b) the Office of Human Rights Proceedings were the Com­
mission; and
“(c) the Human Rights Review Tribunal were the Com­
plaints Review Tribunal.
“148J Complaints referred to Proceedings Commissioner for decision as to proceedings
“(1) applies—
“(a) if a complaint is referred to the Proceedings Commis­ sioner under section 75(g) (as it read immediately before the commencement of this section), but no pro­ ceedings have been instituted by the Proceedings Com­ missioner; or
“(b) if the Proceedings Commissioner was required to decide whether to institute proceedings against a party

to a settlement under section 82(1)(c) (as it read imme- diately before the commencement of this section), but no proceedings were instituted by the Proceedings Commissioner before the commencement of this section.
“(2) If this subsection applies,—
“(a) if the Commissioner has not made a decision on whether to institute proceedings or the Commissioner has made a decision not to institute proceedings, the Director must decide, under , whether to provide representation in relation to the complaint:
“(b) if the Commissioner has made a decision to institute proceedings, the Director must provide representation for the complainant or aggrieved party (as the case may be) in the proceedings.
“148K Transfer of employees from Commission to Office
“(1) The Commission and the Office of Human Rights Proceed- ings may, after consulting the employee concerned, agree to the transfer of an employee from the Commission to the Office of Human Rights Proceedings on the same terms and conditions that applied to the employee immediately before the date of transfer.
“(2) For the purposes of every enactment, law, contract, and agree- ment relating to the employment of the employee,—
“(a) the contract of employment of that employee is taken to have been unbroken; and
“(b) the employee’s period of service with the Commission, and every other period of service of that employee that is recognised by the Commission as continuous service, is taken to have been a period of service with the Office of Human Rights Proceedings.
e
“(a) the position held by the employee with the Commission has ceased to exist; or
“(b) the person has ceased (as a result of the transfer) to be an employee of the Commission.

Part 1 cl 35

Complaints Division

“148L Complaints Division abolished
The Complaints Division of the Commission is abolished.
“148M Outstanding complaints to be dealt with by

Commission under new procedure

“(1) A complaint lodged with the Complaints Division before the commencement of this Act must be dealt with by the Commis- sion under (as substituted by of the
) as if the complaint were made to the Commission under .
“(2) For the purposes of ,—
“(a) if the Complaints Division has called a conciliation conference under section 80(1) (as it read immediately before the commencement of this section) but the con- ference has not taken place, the Commission must instead offer to convene a dispute resolution meeting; and
“(b) if applies to the complaint, the Commission must inform the Attorney-General of the details of the complaint as soon as practicable.
“(3) Despite , if, in relation to a complaint, the Com- plaints Division has decided not to investigate the complaint further under section 76(1) or section 77(1)(a) (as they read immediately before the commencement of this section), the Commission must take no action or further action in relation to the complaint.
“148N Breaches of Part 1A
No act or omission that occurred before is capa- ble of being in breach of unless—
“(a) the act or omission continues on or after ;
or
“(b) in the case of an enactment, the enactment is in force on or after .
“148O Complaints about breaches of Part 1A
“(1) Despite , the Commission is not under a duty to receive or assess any complaint alleging a breach of
that is made to the Commission before .

“(2) The Commission is not under a duty to receive or assess any complaint alleging that an act or omission that occurred before and that ceased to continue or to be in force
before is in breach of .”

36 Other enactments and actions not affected

Sections 151 and 152 of the principal Act are repealed.

37 Savings

(1) Section 153(1) of the principal Act is amended by—
(a) omitting the words “shall affect”, and substituting the word “affects”; and
(b) omitting the words “which might have been brought if this Act had not been passed”, and substituting the words “that may be brought other than under this Act”; and
(c) omitting the word “shall”, and substituting the word
“must”.
(2) Section 153 of the principal Act is amended by repealing subsections (3)(a) and (4).

38 New Schedules 1 and 2 substituted

The principal Act is amended by repealing the First, Second, and Third Schedules, and substituting and
set out in .

39 Repeals

The Human Rights Amendment Act (No 2) 1994 (1994
No 151) is repealed.

Part 2

Amendments to the War Pensions Act 1954 and War

Pensions Regulations 1956

40 War Pensions Act 1954 called principal Act in this Part In this Part, the War Pensions Act 19542 is called “the princi- pal Act”.

2 1954 No 54

Amendments to War Pensions Act 1954

41 Interpretation

(1) Section 2(1) of the principal Act is amended by repealing the definitions of dependant and member of the family, and substituting the following definitions in their appropriate alphabetical order:
dependant, in relation to a member of the defence force, means—
“(a) any person who is wholly or primarily dependent on the member for financial support and who ordinarily resides with the member and who—
“(i) is related to the member or is within any class of persons specified as dependent persons in guide­ lines issued by the Secretary; and
“(ii) is within any class of persons specified as finan­ cially dependent persons in guidelines issued by the Secretary:
“(b) any person who is under the care of that member as a consequence of that person’s inability to live indepen­ dently of the member for reasons of—
“(i) disability; or
“(ii) illness; or
“(iii) advanced age
member of the family, in relation to a family that includes a member of the forces, means—
“(a) any person who is related to the member:
“(b) any person who belongs to the same whanau or other culturally recognised family group:
“(c) any person nominated by the member as a person with whom the member has a financial or emotional tie:
“(d) any person within a class of persons specified as mem­
bers of a family in guidelines issued by the Secretary”. (2) Section 2(1) of the principal Act is amended by inserting, in
their appropriate alphabetical order, the following definitions:
member of the forces means a member of the defence force
partner, in relation to a member of the forces, means a person with whom the member is in a relationship
relationship means a relationship between a member of the forces and another person of the same or different sex who live together and are not married to one another and that is

within a class of relationships specified as recognised relation­
ships in guidelines issued by the Secretary
spouse, in relation to a member of the forces who is married, means the person to whom the member is married”.

42 Appeals to Social Security Appeal Authority

Section 16A(1)(b) of the principal Act is amended by omitting the expression “76 to”, and substituting the expression “78 and”.

43 General provisions as to grounds for payment of pensions

Section 19(3) of the principal Act is amended by omitting the word “wife” in both places where it appears, and substituting in each case the words “spouse or partner”.

44 Amendment to heading before section 32

The heading before section 32 of the principal Act is amended by inserting, after the words “surviving spouses“, the words
or surviving partners“.

45 Maximum rates of surviving spouses’ pensions

(1) The heading to section 32 of the principal Act is amended by inserting, after the words “surviving spouses’“, the words
and surviving partners’“.
(2) Section 32(1) and (2) of the principal Act is amended by inserting, after the words “surviving spouse” in each place where they appear, the words “or surviving partner”.

46 Rate of pension for surviving spouse who is a bona fide resident of New Zealand

(1) The heading to section 33 of the principal Act is amended by inserting, after the words “surviving spouse“, the words “or surviving partner“.
(2) Section 33 of the principal Act is amended by inserting, after the words “surviving spouse”, the words “or surviving partner”.

Part 2 cl 47

47 New sections 34 to 35A substituted

The principal Act is amended by repealing sections 34 to 35A, and substituting the following sections:
“34 Surviving spouse or surviving partner not entitled to pension in certain cases
Despite anything to the contrary in this Act, the surviving spouse or surviving partner of a member of the forces is not entitled to a pension in respect of the member’s death if—
“(a) the death of the member occurred within 1 year after the marriage or, as the case may require, the date of com- mencement of the relationship; and
“(b) at the date of the marriage or, as the case may require, the date of commencement of the relationship, the member had not, in the opinion of the Secretary, a reasonable expectation of surviving for at least 1 year.
“35 Pensions to surviving spouses or surviving partners to cease on remarriage or commencement of new relationship
“(1) A pension payable to the surviving spouse or surviving part- ner of a member of the forces must cease on his or her remarriage or, as the case may require, on the commencement of a new relationship by him or her.
“(2) Despite anything to the contrary in , on the remar- riage of a surviving spouse or surviving partner, or, as the case may require, on the commencement of a new relationship by him or her, while in receipt of a pension under this Part, the Secretary may, in the Secretary’s discretion,—
“(a) continue the pension at any rate, not exceeding the maximum rate of pension payable to a surviving spouse or surviving partner, and for any period, not exceeding
2 years, that the Secretary thinks fit:
“(b) review, at any time, a pension continued under
.
“(3) In any case to which applies, the Secretary may, in the Secretary’s discretion, instead of continuing the pen- sion, pay to the surviving spouse, or, as the case may require, the surviving partner, a lump sum gratuity not exceeding 2 years’ pension.
“(4) For the purposes of this Act and any other enactment, a pension payable to a person under is deemed to

be a pension payable to the surviving spouse, or, as the case may require, the surviving partner, of a member of the forces.
“(5) For the purposes of this section, a new relationship includes a relationship that the Secretary regards as a relationship under section 2(1).
“35A Reinstatement of surviving spouse’s or surviving partner’s pension
“(1) Despite anything in , if a pension payable to the surviving spouse or the surviving partner of a member of the forces has ceased under that section because of remarriage or the commencement of a new relationship, and that remarriage or new relationship has subsequently terminated or irreconcil­ ably broken down within 5 years after the date of remarriage or the commencement of the new relationship, the Secretary may, in the Secretary’s discretion, reinstate the pension pre­ viously payable.
“(2) The rate of any pension reinstated under is the appropriate rate specified in the Fourth Schedule of this Act as if the pension had been granted under section 32.”

48 Child not entitled to pension in certain cases

Section 37 of the principal Act is amended—
(a) by omitting the word “mother”, and substituting the word “parent”; and
(b) by omitting the word “widow”, and substituting the words “surviving spouse or surviving partner”; and
(c) omitting the word “his”, and substituting the words
“the member’s”.

49 Increased pensions for children in certain cases

Section 40(b) of the principal Act is amended by omitting the word “mother”, and substituting the word “parent”.

50 Children whose parents are not married

Section 41 of the principal Act is repealed.

51 Duration of pensions for children

Section 43 of the principal Act is amended by repealing sub­
section (3).

52 New section 44 substituted

The principal Act is amended by repealing section 44, and substituting the following section:
“44 Maximum rates of pensions for dependants other than spouses, partners, and children
The rates of pension payable to any dependant of a disabled or deceased member of the forces (other than his or her spouse, partner, or child) must not exceed the maximum rate of pen­ sion prescribed for the spouse or partner, as the case may be, of a member of the same rank or rating.”

53 Pensions to unmarried females to cease on marriage

Section 45 of the principal Act is repealed.

54 Economic position of dependant to be considered in determining rate of pension

Section 46(1) of the principal Act is amended by omitting the words “wife or widow”, and substituting the words “spouse or partner, or surviving spouse or surviving partner,”.

55 Increased pensions to wife and children of member in receipt of economic pension

(1) The heading to section 47 of the principal Act is amended by omitting the word “wife“, and substituting the words “spouse or partner“.
(2) Section 47 of the principal Act is amended by omitting the word “wife”, and substituting the words “spouse or partner”.

56 Pension to surviving spouse or child of deceased member whose death not attributable to service

(1) The heading to section 48 of the principal Act is amended by inserting, after the words “surviving spouse“, the words “, surviving partner,“.
(2) Section 48 of the principal Act is amended by inserting, after
the words partner,”.
“surviving spouse”, the words “, surviving

57 Pension for guardians of motherless children

(1) The heading to section 51 of the principal Act is amended by omitting the word “motherless“, and substituting the word
parentless“.
(2) Section 51 of the principal Act is amended—
(a) by omitting from subsection (1) the word “woman”, and substituting the word “person”; and
(b) by omitting from subsection (1) the word “she”, and substituting the words “he or she”; and
(c) by omitting from subsection (2) the word “wife”, and substituting the words “spouse or partner”.

58 Pensions for other persons

Section 52(2) of the principal Act is amended by omitting the words “wife or widow”, and substituting the words “spouse or partner, or surviving spouse or surviving partner”.

59 Service as member of other Commonwealth forces

Section 56(5) of the principal Act is amended by omitting the word “widow”, and substituting the words “surviving spouse, surviving partner,”.

60 Pensions for members of mercantile marine and their dependants in respect of disablement or death resulting from Second World War

Section 62(3) of the principal Act is amended by omitting the word “wife” in both places where it appears, and substituting in each case the words “spouse or partner”.

61 Service as member of other Commonwealth mercantile marine

Section 63(5) of the principal Act is amended by omitting the word “wife” in both places where it appears, and substituting in each case the words “spouse or partner”.

62 Pensions for members of Emergency Reserve Corps and their dependants in respect of disablement or death attributable to their service

Section 65(3) of the principal Act is amended by omitting the word “wife” in both places where it appears, and substituting in each case the words “spouse or partner”.

63 Wives and children of Maoris

Section 76 of the principal Act is repealed.

64 Conjugal status for purposes of pension or allowance Section 77 of the principal Act is amended by repealing paragraphs (a) and (b).

65 Sick benefits received from friendly society

Section 78A(1) of the principal Act is amended by omitting the words “husband or the wife”, and substituting the words
“spouse or the partner”.

66 Rates of pension where overseas pension payable

Section 81(2) of the principal Act is amended by omitting the words “wife or husband”, and substituting the words “spouse or partner”.

67 Disposition of accrued pension unpaid at death

Section 85(2)(a) of the principal Act is amended—
(a) by omitting the words “widow or widower”, and sub­ stituting the words “surviving spouse or surviving part­ ner”; and
(b) by omitting the word “widow” in both places where it appears, and substituting in each case the words “sur­ viving spouse or surviving partner”.

68 Refusal or reduction of pension in certain cases

Section 87A of the principal Act is amended by omitting the words “husband or wife” in both places where they appear, and substituting in each case the words “spouse or partner”.

69 Pensions and allowances absolutely inalienable

Section 89(1) of the principal Act is amended by omitting the words “his wife”, and substituting the words “the person’s spouse or partner”.

70 Money payable out of Crown Bank Account

Section 94(2)(b) of the principal Act is amended by omitting the words “husband or wife”, and substituting the words
“spouse or partner”.

71 Repeals and savings

Section 97 of the principal Act is amended by adding the following subsections:
“(5) The amendments made to the principal Act by the War Pen- sions Amendment Act do not confer any entitlement on any person in respect of any period before the commencement of the War Pensions Amendment Act .
“(6) The amendments made to the principal Act by the War Pen- sions Amendment Act do not prevent any department from continuing to describe the pension known, before the commencement of the War Pensions Amendment Act , as
‘the surviving spouse’s pension’ by that name after the com­
mencement of that Act—
“(a) in official forms, computer programs, and other docu­
ments; or
“(b) for the purposes of assessment of eligibility and pay­
ment; or
“(c) for any other official purpose.”

72 Amendments to Fourth Schedule

The Fourth Schedule of the principal Act is amended by— (a) inserting in the heading to that schedule, after the words
surviving spouses“, the words “or surviving part­

ners”; and

(b) inserting in items 1, 2, 4, and 6, after the words “surviv­
ing spouse” in each place where they appear, the words
“or surviving partner”.

Amendments to War Pensions Regulations 1956

73 New regulation 23 substituted

The War Pensions Regulations 1956 (SR 1956/7) are amended by revoking regulation 23, and substituting the fol­ lowing regulation:
“23 Pension determinable on remarriage or commencement of new relationship
“(1) If any pension payable to a person is determinable on his or her remarriage or on the commencement by him or her of a new relationship, the Secretary may, at any time before pay­ ment of any instalment of the pension, require him or her to make a declaration,—

“(a) in the case of a surviving spouse or surviving partner, that he or she has not remarried or commenced a new relationship:
“(b) in the case of any other person, that he or she is not married or in a relationship.
“(2) If a pension is payable to any person on account of, or in respect of, any child, the Secretary may, at any time before payment of any instalment of the pension, require the person claiming payment of the pension to make a declaration to the effect that the child is still alive and is being maintained by the claimant.”

74 New regulation 25 substituted

The War Pensions Regulations 1956 are amended by revoking regulation 25, and substituting the following regulation:
“25 Conditions for economic pension
“(1) Before granting or renewing an economic pension, or at any time during the currency of an economic pension, the Secre­ tary may require the claimant or pensioner to register for suitable employment with an employment bureau or other agency nominated by the Secretary.
“(2) does not apply to a claimant or pensioner who is the sole surviving parent of a deceased member of the forces or the surviving spouse or surviving partner of a deceased member having the care and control of a child to, or in respect of, whom a pension is payable.”

Part 3

Amendments to other enactments

Amendment to Alcoholism and Drug Addiction Act 1966

75 Power of District Court Judge to order detention and treatment on application of relative or other reputable person

Section 9(8) of the Alcoholism and Drug Addiction Act 1966 (1966 No 97) is amended by inserting, after the word
“spouse,”, the words “de facto partner of the same or differ­
ent sex,”.

Amendment to Births, Deaths, and Marriages Registration

Act 1995

76 Marriage information to be sent to Registrar

Section 55 of the Births, Deaths, and Marriages Registration Act 1995 (1995 No 16) is amended by repealing subsection (2), and substituting the following subsections:
“(2) If a marriage has been solemnised in accordance with the marriage regulations of the religious Society of Friends (com- monly called Quakers) or, as the case may require, in accor- dance with the rules and procedures of an exempt religious body,—
“(a) the husband and wife must, immediately after the solemnisation,—
“(i) enter on both forms provided under section 24 of the Marriage Act 1955 with the licence for the marriage the prescribed information relating to the marriage; and
“(ii) ensure that both forms are signed by the husband, the wife, and 2 witnesses to the solemnisation; and
“(iii) ensure that 1 form is given, sent, or posted to the registering officer of the Society of Friends or, as the case may require, the registering officer of the exempt religious body; and
“(b) as soon as is practicable after receiving a form under or subsection (4), the registering officer
of the Society of Friends or, as the case may require, the registering officer of the exempt religious body must give, send, or post it to a Registrar.
“(2A) In , exempt religious body has the same mean- ing as in of the Marriage Act 1955.”

Amendment to Crimes Act 1961

77 Discharge of jury

Section 374(3) of the Crimes Act 1961 (1961 No 43) is amended by repealing paragraph (c), and substituting the fol- lowing paragraph:
“(c) A juror’s spouse, de facto partner of the same or differ- ent sex, family member, or a family member of a juror’s spouse or de facto partner (whether of the same or different sex) is ill or has died; or”.

Amendments to Electoral Act 1993

78 Rules for determining place of residence within New

Zealand

(1) Section 72(6) of the Electoral Act 1993 (1993 No 87) is amended by inserting in paragraphs (b), (c), and (d), after the word “spouse”, the words “or de facto partner of the same or different sex”.
(2) Section 72(10) of the Electoral Act 1993 is amended by inserting, after the word “spouse”, the words “or de facto partner of the same or different sex”.

79 Disqualifications for registration

Section 80(3)(b) of the Electoral Act 1993 is amended by repealing subparagraph (ii), and substituting the following subparagraph:
“(ii) is the spouse, de facto partner (whether of the same or different sex), or the child of the person referred to in subparagraph (i), or the child of the spouse or de facto partner (whether of the same or different sex) of that person.”

80 Removal of names from roll by Registrar

Section 98(1)(b) of the Electoral Act 1993 is amended by inserting in subparagraph (ii), after the word “spouse”, the words “or de facto partner of the same or different sex”.

81 Dormant file

Section 109(2)(b) of the Electoral Act 1993 is amended by omitting from subparagraph (ii) the words “or spouse”, and substituting the words “spouse, or de facto partner of the same or different sex”.

Amendments to Holidays Act 1981

82 Entitlement to special leave

(1) Section 30A of the Holidays Act 1981 (1981 No 15) is amended by inserting in subsections (2)(b) and (c) and (7)(a)(i), after the word “spouse”, the words “or de facto partner (whether of the same or different sex)”.
(2) Section 30A of the Holidays Act 1981 is amended by repeal­
ing subsection (8).

Amendments to Human Tissue Act 1964

83 Removal of human tissue for therapeutic purposes, etc Section 3(2)(b) of the Human Tissue Act 1964 (1964 No 19) is amended by inserting, after the words “surviving spouse”, the words “, surviving de facto partner of the same or different sex,”.

84 Anatomical examinations

Section 5(1) of the Human Tissue Act 1964 is amended— (a) by inserting in paragraph (a), after the words “surviving
spouse”, the words “or surviving de facto partner
(whether of the same or different sex)”; and
(b) by inserting in paragraph (b), after the words “surviving spouse”, the words “or surviving de facto partner (whether of the same or different sex)”.

Amendment to Immigration Act 1987

85 New sections 149C and 149D inserted

The Immigration Act 1987 (1987 No 74) is amended by inserting, after section 149B, the following sections:
“149C Purpose of section 149D
recognises that immigration matters inherently involve different treatment on the basis of personal characteristics.
“149D Relationship between this Act and Human Rights Act

“(1) Despite anything in the Human Rights Act 1993, no complaint may be made under that Act in respect of—
“(a) the content or application of this Act or any regulations made under this Act; or
“(b) the content or application of any policy made in accor- dance with section 13A and section 13B.
“(2) The Human Rights Commission may, subject to , perform, in relation to immigration matters, any function con-

ferred on the Commission under

Act 1993.

of the Human Rights
“(3) The Commission may not, in relati in ,— on to any matter referred to

Part 3 cl 85

“(a) bring any proceedings of a kind referred to in
of the Human Rights Act 1993 arising out of any inquiry conducted by the Commission; or
“(b) exercise the powers conferred by of that Act in relation to any proceedings concerning matters that were the subject of that inquiry.”

Amendment to Judicature Act 1908

86 Discharge of Jury

Section 54B(3) of the Judicature Act 1908 (1908 No 89) is amended—
(a) by inserting, after the word “spouse” in the first place where it appears, the words “, de facto partner (whether of the same or different sex),”; and
(b) by inserting, after the word “spouse” in the second place where it appears, the words “or de facto partner of the same or different sex”.

Amendment to Land Transfer Act 1952

87 Particulars of marriage of female proprietor to be registered

Section 127 of the Land Transfer Act 1952 (1952 No 52) is repealed.

Amendments to Marriage Act 1955

88 New section 14A inserted

The Marriage Act 1955 (1955 No 92) is amended by inserting, after section 14, the following section:
“14A This Part not to limit sections 32 and 32A
Nothing in this Part limits sections 32 and (which exempt the Quakers and certain other religious bodies from observing requirements in Part V relating to the solemnisation of mar- riage in the presence of marriage celebrants).”

89 New sections 32A to 32E inserted

The Marriage Act 1955 is amended by inserting, after section
32, the following sections:

“32A Marriage in accordance with rules and procedures of exempt religious bodies
“(1) The provisions of this Part relating to the solemnisation of marriage in the presence of a marriage celebrant do not extend to marriages conducted in accordance with the rules and pro- cedures of an exempt religious body.
“(2) Despite , a marriage to which that subsection applies—
“(a) must not be solemnised unless a marriage licence has been issued:
“(b) must be solemnised at a place stated in the marriage licence.
“(3) Every marriage to which applies is as valid as if solemnised under this Act before a marriage celebrant.
“(4) This section does not limit the provisions of section 22 relat- ing to the validity of marriages.
“(5) In this section, an exempt religious body is a body that is exempted by the Registrar-General under from observing the requirements of this Part relating to the solemnisation of marriages in the presence of a marriage celebrant.
“32B Application to become exempt religious body
“(1) A religious body (other than the religious body to which section 32 applies) may apply to the Registrar-General for an exemption from observing the requirements of this Part relat- ing to the solemnisation of marriages in the presence of a marriage celebrant.
“(2) An application made under must be accompanied by—
“(a) a statement signed by the chief office bearer and 10 members of the religious body setting out—
“(i) the beliefs and objects of the organisation; and
“(ii) the number or, if this cannot be accurately ascer- tained, the approximate number of members of the organisation of or over 18 years; and
“(b) a statement explaining why the objects and beliefs of the religious body are inconsistent with those provi- sions of this Part relating to the solemnisation of mar- riages in the presence of a marriage celebrant; and

Part 3 cl 89

“(c) a statement containing a description of the rules and procedures by which the body proposes to solemnise marriages.
“(3) In the case of a religious body whose rules and procedures or tenets do not recognise any chief office bearer, the statement referred to in need only be signed by 10 mem- bers of the body.
“(4) The statement referred to in (whether signed by the persons referred to in that subsection or the persons referred to in ) is invalid unless—
“(a) each signatory is of or over 18 years and includes in the statement his or her age and address; and
“(b) the signatures of the signatories are attested by another person who must, by statutory declaration attached to the statement, verify the signatures as the genuine sig- natures of the persons whose signatures they purport to be.
“32C Declaration of religious body as exempt religious body
“(1) The Registrar-General may, on receiving an application under
, grant the exemption sought by declaring the relig- ious body to be an exempt religious body if the Registrar- General is satisfied—
“(a) that the body is a bona fide religious body; and
“(b) that the beliefs of that body are genuinely and sincerely held by its members; and
“(c) that the beliefs or objects of that body are inconsistent with the fulfilment of the requirements of this Part relat- ing to the solemnisation of marriage in the presence of a marriage celebrant; and
“(d) that the rules and procedures under which that body proposes to solemnise marriage are—
“(i) consistent with the requirements of this Act
(other than those referred to in ); and
“(ii) otherwise satisfactory.
“(2) If, on receiving an application under , the Registrar- General fails or refuses to declare the religious body to be an exempt religious body, the Registrar-General must, if required to do so by the religious body, refer the application to the Minister.

“(3) If the Minister considers that the requirements of
are satisfied, the Minister may direct the Registrar- General to declare the religious body to be an exempt relig- ious body, and, in that case, the Registrar-General must do so immediately.
“(4) A declaration under this section that a religious body is an exempt religious body must be made by way of notice in the Gazette.
“32D Change in beliefs or objects of exempt religious bodies
“(1) If an exempt religious body changes its name or any of its beliefs or objects, it must immediately give the Registrar- General notice in writing, signed in the manner required by
,—
“(a) of its former and new names; and
“(b) of whether its beliefs and objects remain unchanged since it last stated them to the Registrar-General under
of this section; and
“(c) if those beliefs and objects do not remain unchanged, stating its present beliefs and objects; and
“(d) stating whether its present beliefs and objects continue to be inconsistent with the provisions of this Part relat- ing to the solemnisation of marriages in the presence of a marriage celebrant.
“(2) If the Registrar-General is satisfied that an exempt religious body has changed its name, the Registrar must notify the change by notice in the Gazette specifying that body’s former and new names.
“(3) applies if the Registrar-General—
“(a) has been notified under that the beliefs or objects of an exempt religious body have changed; or
“(b) is satisfied that any of the beliefs or objects of an exempt religious body have changed since that organi- sation last stated its beliefs and objects to the Registrar- General under of this section.
“(4) If applies, the Registrar-General must recom- mend to the Minister either—
“(a) that that exempt religious body should continue to be an exempt religious body; or

Part 3 cl 89

“(b) that the Minister must cancel the exemption of that body from observing the requirements of this Part relat- ing to the solemnisation of marriages in the presence of a marriage celebrant.
“(5) The Registrar-General must not recommend, under
, that an organisation should continue to be an exempt religious body unless the Registrar-General is satisfied that the objects and beliefs of the body continue to be inconsistent with the provisions of this Part relating to the solemnisation of marriages in the presence of a marriage celebrant.
“(6) The Minister may exercise the power conferred by if, at any time, the Minister—
“(a) becomes satisfied that, in the light of information not available to the Minister or Registrar-General (as the case may be) when an exempt religious body was granted an exemption, or as a consequence of a change in the circumstances of an exempt religious body, that the body should not continue to be an exempt religious body; or
“(b) is not satisfied (whether or not as a result of a recom- mendation under ) that the beliefs and objects of the religious body are no longer inconsistent with the provisions of the Part relating to the solemnisa- tion of marriage in the presence of a marriage celebrant.
“(7) If applies, the Minister may, by notice in the Gazette, cancel the exemption of the religious body referred to in , and on the date of the publication of that notice that body ceases to be an exempt religious body.
“32E List of exempt religious bodies
“(1) The Registrar-General must, in each year,—
“(a) prepare a list of exempt religious bodies (in this section referred to as the list); and
“(b) ensure that the list is published in the Gazette.
“(2) The list must contain the name of every exempt religious body and must be corrected or added to as often as is necessary to maintain its accuracy.
“(3) The Registrar-General must ensure that each correction of, or addition to, the list is published in the Gazette.

“(4) The Registrar-General must specify in each list published in the Gazette a date on which the list comes into force, and on that date all previous lists and all corrections and additions to any previous list are cancelled and of no effect.”

Amendments to Police Act 1958

90 Interpretation

(1) Section 2 of the Police Act 1958 (1958 No 109) is amended by inserting, before the definition of Minister, the following definition:
member of the Government Superannuation Fund Police Sub-Scheme means a member of the police who is a member of the Government Superannuation Fund subject to Part VIA of the Government Superannuation Fund Act 1956″.
(2) Sections 28B and 67(7) of the Police Act 1958 are each consequentially amended by omitting the words “(as defined in section 27(9) of this Act)”.

91 Age of retirement

(1) Section 27 of the Police Act 1958 is repealed.
(2) Section 88B of the Government Superannuation Fund Act
1956 is consequentially amended by repealing subsections (2)(a) and (4)(a), and substituting in each case the following paragraph:
“(a) a member of the police who was or is appointed by reason of special qualifications to perform duties of a specialised nature and who, throughout the member’s entire police career, holds a specially designated rank:”.
(3) The following enactments are consequentially repealed:
(a) section 8 of the Human Rights Amendment Act 1999: (b) section 2 of the Police Amendment Act 1985:
(c) section 12(1) of the Police Amendment Act (No 2)
1992:
(d) section 4 of the Police Amendment Act 1992.

92 New section 53 substituted

The Police Act 1958 is amended by repealing section 53, and substituting the following section:

Part 3 cl 92

“53 Failing to help member of police
“(1) A member of the police in the lawful execution of his or her duty may ask any person who is 18 years old or older to help the member of the police do either or both of the following:
“(a) apprehend or secure any person:
“(b) convey any person in the charge of the member of the police to a police station or other place.
“(2) The member of the police may ask the person for help of that kind only if it is, in the circumstances, a reasonable necessity.
“(3) Every person who, when so asked, fails to give help of that kind to any member of the police commits an offence and is liable on summary conviction to a fine not exceeding $500.
“(4) However, a failure of that kind before the commencement of the , and by a person who is not a male, is not an offence under .”

Amendment to Protection of Personal and Property Rights

Act 1988

93 Interpretation

Section 2 of the Protection of Personal Property Rights Act
1988 (1988 No 4) is amended by omitting from paragraph (a) of the definition of relative the words “or any other person with whom that person has a relationship in the nature of marriage”, and substituting the words “or the de facto partner of the same or different sex of that person”.

Amendment to Referenda (Postal Voting) Act 2000

94 Persons who, at commencement of voting period, are dead or disqualified or removed from roll

Section 26(2)(b)(ii) of the Referenda (Postal Voting) Act
2000 (2000 No 48) is amended by omitting the words “or spouse”, and substituting the words “spouse, or de facto part- ner (whether of the same or different sex)”.

Amendment to Sale of Liquor Act 1989

95 Being on licensed premises outside licensing hours

Section 170(2)(a) of the Sale of Liquor Act 1989 (1989
No 63) is amended by inserting, after the word “spouse”, the words “or de facto partner (whether of the same or different sex)”.

Amendment to Summary Proceedings Act 1957

96 Mode of service of documents on defendant

Section 24(2) of the Summary Proceedings Act 1957 (1957
No 87) is amended by inserting, after the word “husband,” the words “de facto partner of the same or different sex,”.

Amendments relating to disability as a ground for removal from office

97 Amendments to ensure disability not a ground for removal

(1) The Acts specified in

manner indicated in that Part.

are amended in the
(2) The regulations specified in

the manner indicated in that Part.

are amended in

Consequential amendments

98 Consequential amendments
(1) The Acts specified in

manner indicated in that Part.

are amended in the
(2) The regulations specified in

the manner indicated in that Part.

are amended in

1 General manager: appointment, term of office, and conditions

The General manager—
(a) is appointed by the Chief Human Rights Commissioner, after consultation with the Commission, under
, and his or her office is a full-time one; and
(b) holds the office for the term (not longer than 5 years) and under the conditions specified in his or her appoint­ ment; and
(c) may, from time to time, be reappointed; and
(d) unless he or she sooner vacates or no longer holds or is removed from the office, continues in it until his or her successor comes into it, even though the term for which he or she was appointed has expired.

2 Staff

(1) The General manager may, in accordance with this clause, appoint any employees (including acting or temporary or cas­ ual employees) that he or she considers necessary for the efficient carrying out of the functions, powers, and duties of the Commission under this Act.
(2) The number of persons the General manager may appoint under this clause, whether generally or in respect of any specified duties or class of duties, is determined by the Commission.
(3) Employees appointed under this clause are employed on any terms and conditions of employment the General manager determines.
(4) However, the General manager must,—
(a) before entering into a collective agreement in relation to all or any of the employees of the Commission appointed under this clause, consult with the Chief Commissioner and the State Services Commissioner

with respect to the terms and conditions of employment to be included in the collective agreement; and
(b) from time to time, consult with the Chief Commissioner and the State Services Commissioner in relation to the terms and conditions of employment applying to those employees appointed under this clause who are not covered by a collective agreement.

3 Employment principles

The Commission must operate a personnel policy that com­ plies with the principle of being a good employer, which policy must contain provisions generally accepted as neces­ sary for the fair and proper treatment of employees in all aspects of their employment, including provisions meeting the requirements of section 56(2)(a) to (d)(ii) and (e) to (h) of the State Sector Act 1988.

4 Appointment of experts

(1) The Commission may, as and when the need arises, appoint any person who, in the Commission’s opinion, possesses expert knowledge or is otherwise able to assist in connection with the exercise of the functions of the Commission to make such inquiries or to conduct such research or to make such reports or to render such other services as may be necessary for the efficient performance by the Commission of the func­ tions of the Commission.
(2) The Commission must pay persons appointed under this clause, for services rendered by them, fees or commission or both at such rates as the Commission thinks fit, and may separately reimburse them for expenses reasonably incurred in rendering services for the Commission.

5 Salaries and allowances

(1) There must be paid to the Commissioners and alternate Com­ missioners such remuneration by way of fees, salary, wages, or allowances as may from time to time be fixed, either gener­ ally or in respect of any particular Commissioner or Commis­ sioners or alternate Commissioner or alternate Commission­ ers or the General manager, by the Higher Salaries Commission.

Schedule 1

(2) Subject to the Higher Salaries Commission Act 1977, any determination made under may be made so as to come into force on a date to be specified for that purpose in the determination, being the date of the making of the determina- tion, or any other date, whether before or after the date of the making of the determination.
(3) Every determination made under in respect of which no date is specified as provided in comes into force on the date of the making of the determination.
(4) There must also be paid to the Commissioners and alternate Commissioners, in respect of time spent in travelling in the exercise of their functions, travelling allowances and travel- ling expenses in accordance with the Fees and Travelling Allowances Act 1951, and that Act applies accordingly as if the Commissioners and alternate Commissioners were mem- bers of a statutory Board and the travelling were in the service of the statutory Board.

6 Superannuation or retiring allowances

(1) For the purpose of providing superannuation or retiring allowances for the Commissioners and for the General manager and for any of the employees of the Commission, the Commission may, out of the funds of the Commission, make payments to or subsidise any superannuation scheme that is registered under the Superannuation Schemes Act 1989.
(2) Despite anything in this Act, any person who, immediately before being appointed as a Commissioner or the General manager or, as the case may be, becoming an employee of the Commission, is a contributor to the Government Superannua- tion Fund under Part II or Part IIA of the Government Super- annuation Fund Act 1956 is deemed to be, for the purposes of the Government Superannuation Fund Act 1956, employed in the Government service so long as that person continues to hold office as a Commissioner or the General manager or, as the case may be, to be an employee of the Commission, and that Act applies to that person in all respects as if that person’s service as a Commissioner or the General manager or, as the case may be, as an employee of that kind were Government service.

(3) For the purpose of applying the Government Superannuation Fund Act 1956, in accordance with , to a person who holds office as a Commissioner or the General manager or, as the case may be, is in the service of the Commission as an employee and (in any such case) is a contributor to the Government Superannuation Fund, controlling authority, in relation to the person, means the Commission.

7 Certain Acts do not apply to staff of Commission

No person may be deemed to be employed in the service of the Crown for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956 just because the person is appointed under .

8 Services for Commission

The Crown, acting through any department, may, at the request of the Commission, execute any work or enter into any arrangements for the execution or provision by the depart- ment for the Commission of any work or service, or for the supply to the Commission of any goods, stores, or equipment, on and subject to such terms and conditions as may be agreed.

9 Funds of Commission

The funds of the Commission consist of—
(a) any money appropriated by Parliament for the purposes of the Commission and paid to the Commission for those purposes (except any money of that kind appro- priated to the Office of Human Rights Proceedings as a part of the Commission, and that must, when paid to the Commission, be paid by the Commission to the Office):
(b) all other money lawfully received by the Commission for the purposes of the Commission:
(c) all accumulations of income derived from any money of that kind.

10 Bank accounts

(1) The Commission must operate at any bank or banks any accounts that are necessary for the exercise or performance of its functions, powers, and duties.

(2) All money received by, or on behalf of, the Commission must,
as soon as practicable after it has been received, be paid into
any bank accounts of the Commission that the Commission
from time to time determines.
(3) Withdrawals or payments of money from any account of that
kind must be authorised in any manner the Commission thinks
fit.
11 Investment of money
Any money that belongs to the Commission and is not imme­
diately required for expenditure by the Commission may be
invested under section 25 of the Public Finance Act 1989.
12 Borrowing
(1) The Commission must not borrow or contract to borrow any
money, or renew any loan made to the Commission, without
(2) the prior written consent of the Minister of Finance.

limits .

13 Seal
The seal of the Commission must be judicially noticed in all
courts and for all purposes.
14 Tax status
(1) For the purposes of the Inland Revenue Acts, the Commission
(including the Office of Human Rights Proceedings) is a
public authority.
(2) In this clause, Inland Revenue Acts has the same meaning as
in section 3(1) of the Tax Administration Act 1994.
15 Crown entity
The Commission (including the Office of Human Rights Pro­
ceedings) is a Crown entity for the purposes of the Public
Finance Act 1989.
16 Auditor
The Commission (including the Office of Human Rights Pro­
ceedings) is a public entity as defined in section 4 of the Public
86

Audit Act 2001 and, in accordance with that Act, the Auditor- General is its auditor.

1 Interpretation

In this schedule, unless the context otherwise requires,—

Director means the Director of Human Rights Proceedings, or alternate Director of Human Rights Proceedings, appointed under

functions include powers or duties

Office means the Office of Human Rights Proceedings referred to in .

2 Staff

(1) The Director may, in accordance with this clause, appoint any employees (including acting or temporary or casual employ­ ees) that he or she considers necessary for the efficient carry­ ing out of the functions of the Director.
(2) Employees appointed under this clause are employed on any terms and conditions of employment the Director determines.
(3) However, the Director must,—
(a) before entering into a collective agreement in relation to all or any of the employees of the Office appointed under this clause, consult with the State Services Com­ missioner with respect to the terms and conditions of employment to be included in the collective agreement; and
(b) from time to time, consult with the State Services Com­ missioner in relation to the terms and conditions of employment applying to those employees appointed under this clause who are not covered by a collective agreement.

3 Employment principles

The Office must operate a personnel policy that complies with the principle of being a good employer, which policy must contain provisions generally accepted as necessary for the fair and proper treatment of employees in all aspects of their employment, including provisions meeting the requirements of section 56(2)(a) to (d)(ii) and (e) to (h) of the State Sector Act 1988.

4 Appointment of experts

(1) The Director may, as and when the need arises, appoint any person who, in the Director’s opinion, possesses expert know- ledge or is otherwise able to assist in connection with the exercise or performance of the functions of the Director to make such inquiries or to conduct such research or to make such reports or to render such other services as may be neces- sary for the efficient exercise or performance by the Office of the functions of the Director.
(2) The Office must pay persons appointed under this clause, for services rendered by them, fees or commission or both at such rates as the Director thinks fit, and may separately reimburse them for expenses reasonably incurred in rendering services for the Office.

5 Salaries and allowances

(1) There must be paid to the Director such remuneration by way of fees, salary, wages, or allowances as may from time to time be fixed, either generally or in respect of any particular Direc- tor, by the Higher Salaries Commission.
(2) Subject to the Higher Salaries Commission Act 1977, any determination made under may be made so as to come into force on a date to be specified for that purpose in the determination, being the date of the making of the determina- tion, or any other date, whether before or after the date of the making of the determination.
(3) Every determination made under in respect of which no date is specified as provided in comes into force on the date of the making of the determination.
(4) There must also be paid to the Director, in respect of time spent in travelling in the exercise of his or her functions, travelling allowances and travelling expenses in accordance with the Fees and Travelling Allowances Act 1951, and that Act applies accordingly as if the Director were a member of a statutory Board and the travelling were in the service of the statutory Board.

Schedule 1

6 Superannuation or retiring allowances

(1) For the purpose of providing superannuation or retiring allowances for the Director and for any of the employees of the Office, the Office may, out of the funds of the Office, make payments to or subsidise any superannuation scheme that is registered under the Superannuation Schemes Act 1989.
(2) Despite anything in this Act, any person who, immediately before being appointed as the Director or, as the case may be, becoming an employee of the Office, is a contributor to the Government Superannuation Fund under Part II or Part IIA of the Government Superannuation Fund Act 1956 is deemed to be, for the purposes of the Government Superannuation Fund Act 1956, employed in the Government service so long as that person continues to hold office as the Director or, as the case may be, to be an employee of the Office, and that Act applies to that person in all respects as if that person’s service as the Director or, as the case may be, as an employee of that kind were Government service.
(3) For the purpose of applying the Government Superannuation Fund Act 1956, in accordance with , to a person who holds office as the Director or, as the case may be, is in the service of the Office as an employee and (in any such case) is a contributor to the Government Superannuation Fund, controlling authority, in relation to the person, means the Office.

7 Certain Acts do not apply to staff of Office

No person may be deemed to be employed in the service of the Crown for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956 just because the person is appointed under .

8 Services for Office

The Crown, acting through any department, may, at the request of the Office, execute any work or enter into any arrangements for the execution or provision by the department for the Office of any work or service, or for the supply to the Office of any goods, stores, or equipment, on and subject to such terms and conditions as may be agreed.

The funds of the Office consist of—
(a) any money appropriated by Parliament for the purposes of the Office as a part of the Commission and paid by the Commission to the Office for those purposes:
(b) all other money lawfully received by the Office for the purposes of the Office:
(c) all accumulations of income derived from any money of that kind.

10 Bank accounts

(1) The Office must operate at any bank or banks any accounts that are necessary for the performance of the Director’s functions.
(2) All money received by, or on behalf of, the Office must, as soon as practicable after it has been received, be paid into any bank accounts of the Office that the Director from time to time determines.
(3) Withdrawals or payments of money from any account of that kind must be authorised in any manner the Director thinks fit.

11 Investment of money

Any money that belongs to the Office and is not immediately required for expenditure by the Office may be invested under section 25 of the Public Finance Act 1989.

12 Address for service

The address for service of the Director and of the Office is the address of the main premises of the Office.

Part 1

Amendments to Acts

Agriculture (Emergency Powers) Act 1934 (1934 No 34)

Omit from section 3(2) the word “disability” and substitute the words “inability to perform the functions of the office”.

Alcohol Advisory Council Act 1976 (1976 No 143)

Omit from section 4(3) the word “disability” and substitute the words “inability to perform the functions of the office”.

Broadcasting Act 1989 (1989 No 25)

Omit from clause 1(1) of the First Schedule the word “disability” and substitute the words “inability to perform the functions of the office”.

Carter Observatory Act 1938 (1938 No 9)

Omit from section 5A(1) the word “disability” and substitute the words “inability to perform the functions of the office”.

Casino Control Act 1990 (1990 No 62)

Omit from clause 1(4) of the First Schedule the word “disability” and substitute the words “inability to perform the functions of the office”.

Clerk of the House of Representatives Act 1988 (1988 No 126) Omit from sections 6(2) and 11(2) and (3) the word “disability” and substitute in each case the words “inability to perform the functions of the office”.

Commerce Act 1986 (1986 No 5)

Omit from sections 13(1) and (2) and 77(5) the word “disability” and substitute in each case the words “inability to perform the functions of the office”.

Conservation Act 1987 (1987 No 65)

Omit from sections 6F(2), 6R(2), and 26ZA(2) the word “disability” and substitute in each case the words “inability to perform the functions of the office”.

Contraception, Sterilisation, and Abortion Act 1977

(1977 No 112)
Omit from section 11(3) the word “disability” and substitute the words “inability to perform the functions of the office”.

Corporations (Investigation and Management) Act 1989

(1989 No 11)
Omit from sections 57(1) and 60(6) the word “disability” and substitute in each case the words “inability to perform the functions of the office”.

Customs and Excise Act 1996 (1996 No 27)

Omit from section 245(2) the word “disability” and substitute the words “inability to perform the functions of the office”.

Dairy Board Act 1961 (1961 No 5)

Omit from section 7(1)(a) the word “disability” and substitute the words “inability to perform the functions of the office”.

Dental Act 1988 (1988 No 150)

Omit from section 50(1) the word “disability” and substitute the words “inability to perform the functions of the office”.

Earthquake Commission Act 1993 (1993 No 84)

Omit from clause 3(3) of the First Schedule the word “disability” and substitute the words “inability to perform the functions of the office”.

Electricity Act 1992 (1992 No 122)

Omit from section 155(3)(b) and clause 4(1) of the Second Schedule the word “disability” and substitute in each case the words
“inability to perform the functions of the office”.

Energy Companies Act 1992 (1992 No 56)

Omit from section 7 the word “disability” and substitute the words
“inability to perform the functions of the office”.

Engineering Associates Act 1961 (1961 No 70)

Omit from section 10(1) the word “disability” and substitute the words “inability to perform the functions of the office”.

Engineers Registration Act 1924 (1924 No 16)

Omit from section 3(4) the word “disability” and substitute the words “inability to perform the functions of the office”.

Environment Act 1986 (1986 No 127)

Omit from section 7(1) and (2) the word “disability” and substitute in each case the words “inability to perform the functions of the office”.

Fire Service Act 1975 (1975 No 42)

Omit from section 8(1) the word “disability” and substitute the words “inability to perform the functions of the office”.

Fisheries Act 1996 (1996 No 88)

Omit from section 285(2) the word “disability” and substitute the words “inability to perform the functions of the office”.

Forest and Rural Fires Act 1977 (1977 No 52)

Omit from section 64(4)(b) the word “disability” and substitute the words “inability to perform the functions of the office”.

Foundation for Research, Science, and Technology Act 1990

(1990 No 72)
Omit from clause 3(1) of the First Schedule the word “disability” and substitute the words “inability to perform the functions of the office”.

Gaming and Lotteries Act 1977 (1977 No 84)

Omit from sections 76(1), 116C(1), and 116M(1) the word
“disability” and substitute in each case the words “inability to perform the functions of the office”.

Higher Salaries Commission Act 1977 (1977 No 110)

Omit from section 7(1) the word “disability” and substitute the words “inability to perform the functions of the office”.

Historic Places Act 1993 (1993 No 38)

Omit from sections 45(2) and 88(2) the word “disability” and substitute in each case the words “inability to perform the functions of the office”.

Howard Estate Act 1978 (1978 No 74)

Omit from section 22(1) the word “disability” and substitute the words “inability to perform the functions of the office”.

Immigration Act 1987 (1987 No 74)

Omit from clauses 2(1) of the Second Schedule, 1(2) of Schedule
3A, and 1(2) of Schedule 3B the word “disability” and substitute in each case the words “inability to perform the functions of the office”.

Land Valuation Proceedings Act 1948 (1948 No 50)

Omit from sections 3(4) and 19(4)(b) the word “disability” and substitute in each case the words “inability to perform the functions of the office”.

Law Commission Act 1985 (1985 No 151)

Omit from section 12(1) the word “disability” and substitute the words “inability to perform the functions of the office”.

Local Government Act 1974 (1974 No 66)

Omit from section 692B(3) and clause 1(1) of Schedule 3A the word
“disability” and substitute in each case the words “inability to perform the functions of the office”.

Maori Community Development Act 1962 (1962 No 133)

Omit from section 22(a) the words “disability” and substitute the words “inability to perform the functions of the office”.

Maori Fisheries Act 1989 (1989 No 159)

Omit from section 32(1) the word “disability” and substitute the words “inability to perform the functions of the office”.

Maori Language Act 1987 (1987 No 176)

Omit from clause 1(3) of the Second Schedule the word “disability” and substitute the words “inability to perform the functions of the office”.

Maori Soldiers Trust Act 1957 (1957 No 29)

Omit from section 8(4B) the word “disability” and substitute the words “inability to perform the functions of the office”.

Maori Trust Board Act 1955 (1955 No 37)

Omit from section 16(1) the word “disability” and substitute the words “inability to perform the functions of the office”.

Mental Health (Compulsory Assessment and Treatment) Act

1992 (1992 No 46)

Omit from section 106(3) the word “disability” and substitute the words “inability to perform the functions of the office”.

Motor Vehicle Dealers Act 1975 (1975 No 127)

Omit from sections 6A(7) and 63(4) the word “disability” and substitute in each case the words “inability to perform the functions of the office”.

Music Teachers Act 1981 (1981 No 3)

Omit from section 14(5) the word “disability” and substitute the words “inability to perform the functions of the office”.

National Library Act 1965 (1965 No 136)

Omit from section 10(1) the word “disability” and substitute the words “inability to perform the functions of the office”.

New Zealand Film Commission Act 1978 (1978 No 61)

Omit from section 5(2) the word “disability” and substitute the words “inability to perform the functions of the office”.

New Zealand Geographic Board Act 1946 (1946 No 3)

Omit from section 3(3) the word “disability” and substitute the words “inability to perform the functions of office”.

New Zealand Horticulture Export Authority Act 1987

(1987 No 93)
Omit from section 12(1) the word “disability” and substitute the words “inability to perform the functions of the office”.

New Zealand Maori Arts and Crafts Institute Act 1963

(1963 No 51)
Omit from section 7(1) the word “disability” and substitute the words “inability to perform the functions of the office”.

New Zealand Railways Corporation Act 1981 (1981 No 119) Omit from section 4(6) the word “disability” and substitute the words “inability to perform the functions of the office”.

New Zealand Trade Development Board Act 1988

(1988 No 160)
Omit from clause 3(1) of the First Schedule the word “disability” and substitute the words “inability to perform the functions of the office”.

Ombudsmen Act 1975 (1975 No 9)

Omit from section 6(1) and (2) the word “disability” and substitute in each case the words “inability to perform the functions of the office”.

Pesticides Act 1979 (1979 No 26)

Omit from section 14(3) the word “disability” and substitute the words “inability to perform the functions of the office”.

Police Complaints Authority Act 1988 (1988 No 2)

Omit from section 6 the word “disability” and substitute the words
“inability to perform the functions of the office”.

Queen Elizabeth the Second National Trust Act 1977

(1977 No 102)
Omit from section 7(2) the word “disability” and substitute the words “inability to perform the functions of the office”.

Radiation Protection Act 1965 (196 No 23)

Omit from section 5B(1) the word “disability” and substitute the words “inability to perform the functions of the office”.

Real Estate Agents Act 1976 (1976 No 9)

Omit from section 4(6) the word “disability” and substitute the words “inability to perform the functions of the office”.

Reserve Bank of New Zealand Act 1989 (1989 No 157)

Omit from sections 119(6), 141(1), and 154(4) the word “disability” and substitute in each case the words “inability to perform the functions of the office”.

Residential Tenancies Act 1986 (1986 No 120)

Omit from section 68(3) the word “disability” and substitute the words “inability to perform the functions of the office”.

Sale of Liquor Act 1989 (1989 No 63)

Omit from section 87(2) the word “disability” and substitute the words “inability to perform the functions of the office”.

Securities Act 1978 (1978 No 103)

Omit from section 13(3) the word “disability” and substitute the words “inability to perform the functions of the office”.

Social Security Act 1964 (1964 No 136)

Omit from section 12C(1) the word “disability” and substitute the words “inability to perform the functions of the office”.

Social Welfare (Transitional Provisions) Act 1990

(1990 No 26)
Omit from clause 3(1) of the Third Schedule the word “disability” and substitute the words “inability to perform the functions of the office”.

Sport, Fitness, and Leisure Act 1987 (1987 No 13)

Omit from section 6(1) the word “disability” and substitute the words “inability to perform the functions of the office”.

Standards Act 1988 (1988 No 5)

Omit from section 6(1) the word “disability” and substitute the words “inability to perform the functions of the office”.

Survey Act 1986 (1986 No 723)

Omit from section 16(1) the word “disability” and substitute the words “inability to perform the functions of office”.

Taratahi Agriculture Training Centre (Wairarapa) Act 1969

(1969 No 138)
Omit from section 4(1) the word “disability” and substitute the words “inability to perform the functions of the office”.

Taxation Review Authorities Act 1994 (1994 No 165)

Omit from section 6(3) the word “disability” and substitute the words “inability to perform the functions of the office”.

Temporary Safeguards Authorities Act 1987 (1987 No 88)

Omit from section 3(2) the word “disability” and substitute the words “inability to perform the functions of the office”.

Testing Laboratory Registration Act 1972 (1972 No 36)

Omit from section 6(1) the word “disability” and substitute the words “inability to perform the functions of the office”.

Toxic Substances Act 1979 (1979 No 27)

Omit from section 13(2) the word “disability” and substitute the words “inability to perform the functions of the office”.

Transit New Zealand Act 1989 (1989 No 75)

Omit from clause 6 of the First Schedule the word “disability” and substitute the words “inability to perform the functions of the office”.

Transport Accident Investigation Commissions Act 1990

(1990 No 99)
Omit from clause 5 of the Schedule the word “disability” and substitute the words “inability to perform the functions of the office”.

Treaty of Waitangi Act 1975 (1975 No 114)

Omit from clause 2(3) of the Second Schedule the word “disability” and substitute the words “inability to perform the functions of the office”.

Veterinarians Act 1994 (1994 No 107)

Omit from section 49(1) the word “disability” and substitute the words “inability to perform the functions of the office”.

Waterfront Industry Reform Act 1989 (1989 No 6)

Omit from section 23(3) the word “disability” and substitute the words “inability to perform the functions of the office”.

Wildlife Act 1953 (1953 No 31)

Omit from section 44G(2) the word “disability” and substitute the words “inability to perform the functions of the office”.

Winston Churchill Memorial Trust Act 1965 (1965 No 39)

Omit from section 6(1) the word “disability” and substitute the words “inability to perform the functions of the office”.

Part 2

Amendments to regulations

Berryfruit Marketing Licensing Regulations 1983

(SR 1983/135)
Omit from regulation 4(1) the word “disability” and substitute the words “inability to perform the functions of the office”.

Game Industry Board Regulations 1985 (SR 1985/154)

Omit from regulation 4(1) the word “disability” and substitute the words “inability to perform the functions of the office”.

Trees (Electric Lines) Regulations 1986 (SR 1986/315)

Omit from regulation 4(3) the word “disability” and substitute the words “inability to perform the functions of the office”.

Schedule 3

Part 1

Acts amended

Accident Insurance Act 1998 (1998 No 114)

Omit from section 394(3)(b) the words “Section 83 or section 90″
and substitute the words ” or or “.

Employment Relations Act 2000 (2000 No 24) Repeal section 112(2) and substitute:

“(2) For the purposes of subsection (1)(b), an employee makes a complaint when the complaint is received by the Human Rights Commission.”

Health and Disability Commissioner Act 1994 (1994 No 88) Repeal the definition of Complaints Review Tribunal or Tribunal in section 2.

Insert in section 2, in its appropriate alphabetical order:
Human Rights Review Tribunal or Tribunal means the Human Rights Review Tribunal continued by section 93 of the Human Rights Act 1993″.
Omit from sections 14(2)(b) and 23(b) the words “the Race
Relations Conciliator,”.
Omit from the heading before section 50, the heading to section 50, section 50(2), the heading to section 54, and section 55(1)(a) the word “Complaints” and substitute in each case the words “Human Rights”.
Omit from section 58 the words “Sections 89 to 92” and substitute the words “Sections 92Q to 92W”.
Omit from section 58 the expression “83” and substitute the expression “92E”.

Higher Salaries Commission Act 1977 (1977 No 110)

Omit from the Fourth Schedule the item relating to the members of the Human Rights Commission and substitute:
“The members and alternate members of the Human Rights Commission and the Director of Human Rights Proceedings or his or her alternate.”.
Omit from the Fourth Schedule the item relating to the Race
Relations Conciliator.

Judicature Act 1908 (1908 No 89)

Omit from section 68(1)(a) the expression “90(1)” and substitute the expression “92R(1)”.

Penal Institutions Act 1954 (1954 No 51) Repeal section 21P(2)(c)(v) and substitute:

“(v) a member of the Commission, or an employee of, the Human Rights Commission continued by section 4 of the Human Rights Act 1993; or”.

Police Act 1958 (1958 No 109) Repeal section 95(2) and substitute:

“(2) For the purposes of subsection (1)(b), a member makes a complaint when the complaint is received by the Human Rights Commission.”

Privacy Act 1993 (1993 No 28)

Repeal the definitions of Complaints Review Tribunal or

Tribunal and Proceedings Commissioner in section 2(1). Insert in section 2(1), in their appropriate alphabetical order:

Human Rights Review Tribunal or Tribunal means the Human Rights Review Tribunal continued by section 93 of the Human Rights Act 1993
Director of Human Rights Proceedings means the Director of Human Rights Proceedings or alternate Director of Human Rights Proceedings appointed under of the Human Rights Act 1993″.
Omit from section 15(3) the words “(other than the function of being a member of the Human Rights Commission)”.
Omit from the heading preceding section 82 the word “Complaints
and substitute the words “Human Rights“.
Omit from the headings to section 82, section 83, section 85, and section 86 the word “Complaints” and substitute the words
Human Rights“.
Omit from sections 82(2), 83, and 86 the word “Complaints” in each place where they appear and substitute in each case the words
“Human Rights”.
Omit from sections 82, 83, 85(3), 86, and 88(2) the words
“Proceedings Commissioner” in each place where they appear and substitute in each case the words “Director of Human Rights Proceedings”.

Omit from section 84 the words “Complaints Review Tribunal, the Proceedings Commissioner” and substitute the words “Human Rights Review Tribunal, the Director of Human Rights Proceedings”.
Omit from section 89 the words “sections 89 to 92” and substitute the words “92Q to 92W”.
Omit from section 89 the words “section 83 of that Act” and substitute the words “section 92B, or section 92E, or section 92H of that Act”.

Public Finance Act 1989 (1989 No 44)

Omit from the Fourth, Fifth, and Seventh Schedules the item relating to Race Relations Conciliator in each place where it occurs.

Residential Tenancies Act 1986 (1986 No 120) Repeal section 12A(2) and substitute:

“(2) For the purposes of subsection (1), a person makes a com­ plaint when the complaint is received by the Human Rights Commission.”

Part 2

Regulations amended

Children, Young Persons, and their Families (Residential Care) Regulations 1996 (SR 1996/354)

Omit from regulation 10(1)(l) the words “Race Relations
Conciliator,”.

Human Rights Regulations 1993 (SR 1993/394)

Omit from the definition of Tribunal in regulation 2(1) the word
“Complaints” and substitute the word “Human Rights”.

Privacy Regulations 1993 (SR 1993/149)

Revoke the definition of Tribunal in regulation 2(1) and substitute the following:
Tribunal means the Human Rights Review Tribunal continued by section 93 of the Human Rights Act 1993.”