Human Rights Act 1993
082
Commenced: 1 Feb 1994
ANALYSIS
Analysis
Title
1 Short Title and commencement
2 Interpretation
3 Act to bind the Crown
I: Human Rights Commission
4 Continuation of Human Rights Commission
Functions and Powers of Commission
5 Functions and powers of Commission
6 Powers relating to declaratory judgments
Membership of Commission
7 Membership of Commission
8 Alternate Commissioners
9 Criteria for appointment
Functions of Commissioners
10 Functions of Chief Commissioner
11 Functions of Race Relations Conciliator
Complaints Division
12 Complaints Division
13 Consideration of complaints and investigations by Commission
Further Provisions on Commissioners and Alternate Commissioners
14 Service as Commissioners
15 Appointment of Judge as Human Rights Commissioner
16 Privacy Commissioner may withdraw from participation
17 Terms of office of Commissioners appointed under this Act
18 Vacation of office
19 Meetings of Commission
20 Further provisions relating to Commission and Race Relations Conciliator
II: Unlawful Discrimination
21 Prohibited grounds of discrimination
Discrimination in Employment Matters
22 Employment
23 Particulars of applicants for employment
Exceptions in Relation to Employment Matters
24 Exception in relation to crews of ships and aircraft
25 Exception in relation to work involving national security
26 Exception in relation to work performed outside New Zealand
27 Exceptions in relation to authenticity and privacy
28 Exceptions for purposes of religion
29 Further exceptions in relation to disability
30 Further exceptions in relation to age
31 Exception in relation to employment of a political nature
32 Exception in relation to family status
33 Armed Forces
34 Regular forces and Police
35 General qualification on exceptions
Discrimination in Partnerships
36 Partnerships
Discrimination by Industrial and Professional Associations, Qualifying Bodies, and Vocational Training Bodies
37 Organisations of employees or employers and professional and trade associations
38 Qualifying bodies
39 Exceptions in relation to qualifying bodies
40 Vocational training bodies
41 Exceptions in relation to vocational training bodies
Discrimination in Access to Places, Vehicles, and Facilities
42 Access by the public to places, vehicles, and facilities
43 Exceptions in relation to access by the public to places, vehicles, and facilities
Discrimination in Provision of Goods and Services
44 Provision of goods and services
45 Exception in relation to courses and counselling
46 Exception in relation to public decency or safety
47 Exception in relation to skill
48 Exception in relation to insurance
49 Exception in relation to sport
50 Exception in relation to travel services
51 Exception in relation to reduced charges
52 Exception in relation to disability
Discrimination in Provision of Land, Housing, and Other Accommodation
53 Land, housing, and other accommodation
54 Exception in relation to shared residential accommodation
55 Exception in relation to hostels, institutions, etc.
56 Further exception in relation to disability
Discrimination in Access to Educational Establishments
57 Educational establishments
58 Exceptions in relation to establishments for particular groups
59 Exception in relation to courses and counselling
60 Further exceptions in relation to disability
Other Forms of Discrimination
61 Racial disharmony
62 Sexual harassment
63 Racial harassment
64 Choice of procedures
65 Indirect discrimination
66 Victimisation
67 Advertisements
68 Liability of employer and principals
69 Further provision in relation to sexual or racial harassment in employment
Special Provisions Relating to Superannuation Schemes
70 Superannuation schemes
71 Reports on superannuation schemes
72 Power to vary trust deeds
Other Matters
73 Measures to ensure equality
74 Measures relating to pregnancy, childbirth, or family responsibilities
III: Complaints About Unlawful Discrimination
Functions and Procedure
F9 Functions of Complaints Division under this Part
76 Decision on investigation of complaints
77 Decision on investigation or conciliation of complaints about racial disharmony
78 Investigations by Complaints Division
79 Parties to be informed of result of investigation
80 Compulsory conciliation
81 Settlement
82 Functions of Proceedings Commissioner under this Part
Proceedings
83 Civil proceedings
84 Right of Proceedings Commissioner to appear in civil proceedings
85 Proof of exceptions
Remedies
86 Remedies
87 Costs
88 Damages
89 Monetary limits on remedies that Tribunal may grant
90 Granting of remedies by High Court on reference from Tribunal
91 Abandonment to enable Tribunal to make award of damages
92 Extension of jurisdiction by agreement between parties
IV: Complaints Review Tribunal
93 Complaints Review Tribunal
Functions and Powers of Tribunal
94 Functions of Tribunal
95 Power to make interim order
96 Review of interim orders
97 Power in respect of exception for genuine occupational qualification or genuine justification
Constitution of Tribunal
98 Membership of Tribunal
99 Chairpersons of Tribunal
100 Appointment and term of office
101 Panel
102 Deputy Chairperson
103 Vacation of office by Chairperson and Deputy Chairperson
Procedure of Tribunal
104 Sittings of Tribunal
105 Substantial merits
106 Evidence in proceedings before Tribunal
107 Sittings to be held in public except in special circumstances
108 Persons entitled to be heard
109 Witness summons
110 Service of summons
111 Witnesses' allowances
112 Privileges and immunities
113 Non-attendance or refusal to co-operate
114 Power to commit for contempt
115 Tribunal may dismiss trivial, etc., proceedings
116 Reasons to be given
117 Seal of Tribunal
118 Members of Tribunal not personally liable
119 Remuneration and travelling allowances
120 Services for Tribunal
121 Enforcement
122 Stating case for High Court
123 Appeals to High Court
124 Appeal to Court of Appeal on a question of law
125 Costs of appeal
126 Additional members of High Court for purposes of Act
V: Powers in Relation to Investigations
127 Evidence
128 Protection and privileges of witnesses, etc.
129 Disclosure of certain matters not to be required
130 Proceedings privileged
VI: Inciting Racial Disharmony
131 Inciting racial disharmony
132 No prosecution without Attorney-General's consent
VII: Miscellaneous Provisions
133 Licences and registration
134 Access by the public to places, vehicles, and facilities
135 No prosecution without Attorney-General's consent
136 Condition in restraint of marriage
137 Commissioners and staff deemed to be officials
138 No adverse statement
139 Delegation of functions or powers by Commission
140 Delegation of powers by Commissioner
141 Annual report
142 Money to be appropriated by Parliament for purposes of this Act
143 Offences
144 Regulations
145 Related amendments to other enactments
146 Repeals
147 Revocation
Transitional Provisions
148 Transitional provisions
Savings
149 Special provisions in relation to written employment contracts in force on 1 April 1992
150 Charitable instruments
151 Other enactments and actions not affected
152 Expiry of section 151
153 Savings
Schedule(s)
1 FIRST SCHEDULE: Provisions Applying in Respect of Commission and Conciliator
2 SECOND SCHEDULE: Enactments Amended
3 THIRD SCHEDULE: Enactments Repealed