There shall continue to be a Human Rights Commission, which shall be the same body as the Human Rights Commission established under section 4 of the Human Rights Commission Act 1977.
The Commission is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
The Crown Entities Act 2004 applies to the Commission except to the extent that this Act expressly provides otherwise.
Despite anything in any other Act, the powers of the Commission under sections 16 and 17 of the Crown Entities Act 2004 may be exercised only—
by persons authorised by or under this Act or the Crown Entities Act 2004 to perform functions of the Commission, for the purposes of performing those functions; or
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.
Subpart 1. Functions and powers of Commission
5. Functions of Commission
The primary functions of the Commission are—
to advocate and promote respect for, and an understanding and appreciation of, human rights in New Zealand society; and
to encourage the maintenance and development of harmonious relations between individuals and among the diverse groups in New Zealand society.
The Commission has, in order to carry out its primary functions under subsection (1), the following functions:
to be an advocate for human rights and to promote and protect, by education and publicity, respect for, and observance of, human rights:
to encourage and co-ordinate programmes and activities in the field of human rights:
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 institutions and procedures under this Act for dealing with complaints of unlawful discrimination):
to promote by research, education, and discussion a better understanding of the human rights dimensions of the Treaty of Waitangi and their relationship with domestic and international human rights law:
to prepare and publish, as the Commission considers appropriate, guidelines and voluntary codes of practice for the avoidance of acts or practices that may be inconsistent with, or contrary to, this Act:
to receive and invite representations from members of the public on any matter affecting human rights:
to consult and co-operate with other persons and bodies concerned with the protection of human rights:
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:
to appear in or bring proceedings, in accordance with section 6 or section 92B or section 92E or section 92H or section 97:
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 paragraph (a):
to report to the Prime Minister on—
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 laid down in international instruments on human rights:
the desirability of New Zealand becoming bound by any international instrument on human rights:
the implications of any proposed legislation (including subordinate legislation) or proposed policy of the Government that the Commission considers may affect human rights:
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:
to develop a national plan of action, in consultation with interested parties, for the promotion and protection of human rights in New Zealand:
[Repealed]
to exercise or perform any other functions, powers, and duties conferred or imposed on it by or under this Act or any other enactment.
The Commission may, in the public interest or in the interests of a person, department, or organisation, publish reports relating 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.
6. Powers relating to declaratory judgments
If at any time the Commission considers that it may be desirable 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.
The Commission may exercise the right in subsection (1) only if it considers that the exercise of the right will facilitate the performance of its functions stated in section 5(2)(a).
Subsection (1) does not limit the ability of the Commission to appear in or bring proceedings under section 92B or section 92E or section 92H or section 97.
Subpart 2. Activities in performance of Commission’s functions
7. Commission determines general nature of activities
Subject to the role of the Minister in the process of setting and monitoring the strategic direction and targets of the Commission under Part 4 of the Crown Entities Act 2004, 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.
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 determinations of the Commission.
Subpart 3. Membership of Commission
8. Membership of Commission
The Commission consists of the following Human Rights Commissioners:
a Commissioner appointed as the Chief Commissioner, whose office is a full-time one:
a Commissioner appointed as the Race Relations Commissioner, whose office is also a full-time one:
a Commissioner appointed as the Equal Employment Opportunities Commissioner, whose office is also a fulltime one:
no more than 5 other Commissioners, whose offices are each part-time ones.
The Commissioners are the board for the purposes of the Crown Entities Act 2004.
The Chief Commissioner holds office as chairperson of the board for the purposes of the Crown Entities Act 2004 for the same term as he or she is Chief Commissioner.
Clauses 1 to 5 of Schedule 5 of the Crown Entities Act 2004 do not apply to the Commission.
9. Alternate Commissioners
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 subsection (2) or the Chief Commissioner under subsection (3).
The Minister may designate a Commissioner or an alternate Commissioner to act as the Chief Commissioner—
during the period following the resignation of the Chief Commissioner and ending when the Chief Commissioner’s successor comes into office; or
during the Chief Commissioner’s incapacity or in respect of a particular function or activity of the Commission, as the case may be, if—
the Minister is satisfied that the Chief Commissioner is incapacitated by illness, absence, or other sufficient cause from performing the duties of his or her office; or
the Chief Commissioner considers it is not proper or desirable that he or she should participate in the function or activity.
The Chief Commissioner may designate an alternate Commissioner 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—
the Chief Commissioner is a Commissioner acting as the Chief Commissioner under a designation under subsection (2); or
the Chief Commissioner is satisfied that any other Commissioner is incapacitated by illness, absence, or other sufficient cause from performing the duties of his or her office; or
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 section 20C(2); or
any other Commissioner considers it is not proper or desirable that he or she should participate in the function or activity of the Commission.
An alternate Commissioner designated under subsection (2) or subsection (3) 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.
No designation of an alternate Commissioner, and no act done by an alternate Commissioner, and no act done by the Commission 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.
10. Meetings of Commission
[Repealed]
The Race Relations Commissioner may, at any time, call a special meeting of the Commission.
Subsection (2) applies in addition to clause 7(2) of Schedule 5 of the Crown Entities Act 2004.
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
Subpart 4. Criteria for appointment
11. Criteria for appointment
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 among them—
knowledge of, or experience in,—
different aspects of matters likely to come before the Commission:
New Zealand law, or the law of another country, or international law, on human rights:
the Treaty of Waitangi and rights of indigenous peoples:
current economic, employment, or social issues:
cultural issues and the needs and aspirations (including life experiences) of different communities of interest and population groups in New Zealand society:
skills in, or experience in,—
advocacy or public education:
business, commerce, economics, industry, or financial or personnel management:
community affairs:
public administration, or the law relating to public administration.
Subsection (1) does not limit section 29 of the Crown Entities Act 2004.
Nothing in this section limits section 12 or section 13 or section 14.
12. Further criteria for appointment of Chief Commissioner
In recommending a person for appointment as Chief Commissioner, the Minister must have regard not only to the criteria stated in section 11 but also to the person’s—
ability to provide leadership in relation to the performance 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):
ability to represent the Commission, and to create and maintain effective relationships between it and other persons or bodies:
knowledge of New Zealand law, the law of other countries, and international law, on human rights, and of New Zealand’s obligations under international instruments on human rights:
appreciation of issues or trends in human rights arising in other countries or internationally, and of the relevance of those issues or trends for New Zealand:
ability to perform the functions stated in section 15.
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 section 11 but also to the person’s—
understanding of current race relations in New Zealand, and of the origins and development of those relations:
appreciation of issues or trends in race relations arising in other countries or internationally, and of the relevance of those issues or trends for New Zealand:
ability to perform the functions stated in section 16.
14. Further criteria for appointment of Equal Employment Opportunities Commissioner
In recommending a person for appointment as the Equal Employment Opportunities Commissioner, the Minister must have regard not only to the criteria stated in section 11 but also to the person’s—
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understanding of principles relating to equal employment opportunities:
appreciation of issues, trends, and developments in the promotion of equal employment opportunities in other countries and internationally, and the relevance of those issues, trends, or developments in New Zealand:
ability to perform the functions stated in section 17.
Subpart 5. Functions of Commissioners
15. Functions of Chief Commissioner
The Chief Commissioner has the following functions:
to chair the Commission, and lead discussions of the Commission (except when the Commission has discussions on matters of race relations):
to ensure that activities undertaken in the performance of the Commission’s functions are consistent with the strategic direction and other determinations of the Commission under section 7:
to allocate spheres of responsibility among the Commissioners, and to determine the extent to which Commissioners engage in activities undertaken in the performance of the Commission’s functions (except for those stated in section 76), but in each case only after consultation with the Minister:
to act jointly with the Race Relations Commissioner on matters of race relations arising in the course of activities undertaken in the performance of the Commission’s functions and to carry out the functions conferred on the Chief Commissioner by section 16(c) and (d):
to act jointly with the Equal Employment Opportunities Commissioner on matters concerning equal employment opportunities arising in the course of activities undertaken in the performance of the Commission’s functions, and to carry out the functions conferred on the Chief Commissioner by section 17(g):
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:
any other functions, powers, or duties conferred or imposed on him or her by or under this Act or any other enactment.
Subsection (1)(d) and (e) is subject to section 7(2).
16. Functions of Race Relations Commissioner
The Race Relations Commissioner has the following functions:
to lead discussions of the Commission in relation to matters of race relations:
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:
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 determinations of the Commission under section 7:
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:
any other functions, powers, or duties conferred or imposed on him or her by or under this Act or any other enactment.
17. Functions of Equal Employment Opportunities Commissioner
The Equal Employment Opportunities Commissioner has the following functions:
to lead discussions of the Commission about equal employment opportunities (including pay equity):
to provide advice and leadership on equal employment opportunities 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:
to evaluate, through the use of benchmarks developed by the Commissioner, the role that legislation, guidelines, and voluntary codes of practice play in facilitating and promoting best practice in equal employment opportunities:
to lead development of guidelines and voluntary codes of practice to facilitate and promote best practice in equal employment opportunities (including codes that identify related rights and obligations in legislation), in accordance with section 5(2)(e):
to monitor and analyse progress in improving equal employment opportunities in New Zealand, and to report to the Minister on the results of that monitoring and analysis:
to liaise with, and complement the work of, any trust or body that has as one of its purposes the promotion of equal employment opportunities (including pay equity):
to ensure, acting jointly with the Chief Commissioner, that activities undertaken in the performance of the Commission’s functions in matters of equal employment opportunities are consistent with the strategic direction and other determinations of the Commission under section 7:
any other functions, powers, or duties conferred or imposed on him or her by or under this Act or any other enactment.
Subpart 6. General manager and staff of Commission
18. General manager and staff of Commission
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 determinations of the Commission under section 7.
The general manager—
is responsible to the Chief Commissioner and reports to him or her; and
is appointed by the Chief Commissioner, in accordance with clause 1 of Schedule 1; and
is the chief executive of the Commission for the purposes of the Crown Entities Act 2004.
Employees of the Commission are responsible to the general manager and report to him or her.
Subpart 7. Commissioners to act independently
19. Duty to act independently
Except as expressly provided otherwise in this or another Act, the Commission must act independently in performing its statutory functions and duties, and exercising its statutory powers, under—
this Act; and
any other Act that expressly provides for the functions, powers, or duties of the Commission (other than the Crown Entities Act 2004).
Subpart 8. Office of Human Rights Proceedings
20. Office of Human Rights Proceedings
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 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.
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.
However, the Director or his or her alternate is responsible to the Chief Commissioner for the efficient, effective, and economical administration of the activities of the Office.
Subpart 9. Director of Human Rights Proceedings
20A. Director of Human Rights Proceedings
The Director of Human Rights Proceedings is appointed by the Governor-General on the recommendation of the Minister.
The Governor-General may, on the recommendation of the Minister, appoint as alternate Director of Human Rights Proceedings a person designated for appointment as alternate Director by the Minister.
The Minister must not designate a person for appointment as alternate Director of Human Rights Proceedings unless—
the Minister is satisfied that the Director is incapacitated by illness, absence, or other sufficient cause from performing the duties of his or her office; or
the Director considers it is not proper or desirable that the Director should perform any particular duty of his or her office.
20B. Criteria and requirement for appointment
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—
knowledge of, or experience in,—
the different aspects of matters likely to come before the Human Rights Review Tribunal:
New Zealand law, or the law of another country, or international law, on human rights:
current economic, employment, or other social issues:
skills in, or experience in, the practice of public law (including the conduct of litigation), and financial and personnel management:
ability to exercise or perform, and to ensure the Office of Human Rights Proceedings helps the person to exercise or perform, efficiently and effectively, the functions, powers, and duties of the Director under this Act.
Every person appointed as Director of Human Rights Proceedings or as his or her alternate must be a barrister or solicitor of the High Court of not less than 5 years’ legal experience.
Subpart 10. Appointment of Judge as Human Rights Commissioner
20C. Appointment of Judge as Human Rights Commissioner
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.
A Judge who is for the time being holding office as a Commissioner 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.
Subpart 11. Provisions relating to office holders
20D. Office holders to whom sections 20E to 20G apply
Sections 20F and 20G each applies to a person (the office holder) who holds one of the following offices (the office):
[Repealed]
[Repealed]
Director of Human Rights Proceedings:
alternate Director of Human Rights Proceedings.
[Repealed]
[Repealed]
20E. Service in office
[Repealed]
20F. Term of office
The office holder—
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
may, from time to time, be reappointed; and
unless he or she sooner vacates or no longer holds or is removed from the office under section 20G, continues in it until his or her successor comes into it, even though the term for which he or she was appointed has expired.
20G. Vacation of office
The office holder—
may resign from the office by delivering to the Minister a notice in writing to that effect and stating when the resignation takes effect:
ceases to hold office if he or she dies:
ceases to hold office if he or she is, under the Insolvency Act 2006, adjudged bankrupt:
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.
Subpart 12. Administrative provisions relating to Human Rights Commission and Office of Human Rights Proceedings
20H. Administrative provisions set out in Schedules 1 and 2
Schedule 1 applies in respect of the Commission.
Schedule 2 applies in respect of the Office.
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