New Zealand 1852 Constitution (reviewed 2014)

Part 1A. Discrimination by Government, related persons and bodies, or persons or bodies acting with legal authority

20I. 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 person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990.

20J. Acts or omissions in relation to which this Part applies

1. This Part applies only in relation to an act or omission of a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990, namely—
   1. the legislative, executive, or judicial branch of the Government of New Zealand; or
   2. 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.
2. Despite subsection (1), this Part does not apply in relation to an act or omission that is unlawful under any of sections 22, 23, 61 to 63, and 66.
3. If this Part applies in relation to an act or omission, Part 2 does not apply to that act or omission.
4. Nothing in this Part affects the New Zealand Bill of Rights Act 1990.

20K. Purposes for which section 20L applies

Section 20L applies only for the purposes of—

1. any inquiry undertaken by the Commission under section 5(2)(h):
2. the assessment, consideration, mediation, or determination of a complaint under Part 3:
3. any determination made by the Director under Part 3 concerning the provision of representation in proceedings before the Human Rights Review Tribunal:
4. 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:
5. any determination made by any court or tribunal in proceedings brought under this Act by the Commission:
6. any other process or proceedings commenced or conducted under Part 3:
7. any related matter.

20L. 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 subsection (1), an act or omission is inconsistent with section 19 of the New Zealand Bill of Rights Act 1990 if the act or omission—
   1. limits the right to freedom from discrimination affirmed by that section; and
   2. is not, under section 5 of the New Zealand Bill of Rights Act 1990, a justified limitation on that right.
3. To avoid doubt, subsections (1) and (2) apply in relation to an act or omission even if it is authorised or required by an enactment.