Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $7,000 who, with intent to excite hostility or ill-will against, or bring into contempt or ridicule, any group of persons in New Zealand on the ground of the colour, race, or ethnic or national origins of that group of persons,—
publishes or distributes written matter which is threatening, abusive, or insulting, or broadcasts by means of radio or television words which are threatening, abusive, or insulting; or
uses in any public place (as defined in section 2(1) of the Summary Offences Act 1981), or within the hearing of persons in any such public place, or at any meeting to which the public are invited or have access, words which are threatening, abusive, or insulting,— being matter or words likely to excite hostility or ill-will against, or bring into contempt or ridicule, any such group of persons in New Zealand on the ground of the colour, race, or ethnic or national origins of that group of persons.
For the purposes of this section, publishes or distributes and written matter have the meaning given to them in section 61.
132. No prosecution without Attorney-General’s consent
No prosecution for an offence against section 131 shall be instituted without the consent of the Attorney-General.
Part 7. Miscellaneous provisions
133. Licences and registration
Where any person is licensed or registered under any enactment to carry on any occupation or activity or where any premises or vehicle are registered or licensed for any purpose under any enactment, and where the person or other authority authorised to renew, revoke, cancel, or review any such licence or registration is satisfied—
that in the carrying on of the occupation or activity; or
that in the use of the premises or vehicle,—
there has been a breach of any of the provisions of Part 2, the person or authority, in addition to any other powers which that person or authority has, but subject to subsection (2), may refuse to renew or may revoke or cancel any such licence or registration, as the case may require, or may impose any other penalty authorised by the enactment, whether by way of censure, fine, or otherwise.
Any procedural requirements of the enactment, including any whereby a complaint is a prerequisite to the exercise by the person or authority of its powers under the enactment, shall be observed.
In any case in which any of the powers conferred by subsection (1) are exercised,—
the person or authority shall in giving its decision state that the decision is being made pursuant to subsection (1); and
any person who would have been entitled to appeal against that decision if it had been made on other grounds shall be entitled to appeal against the decision made pursuant to subsection (1).
In this section the term enactment means any provision of any Act, regulations, or bylaws.
134. Access by the public to places, vehicles, and facilities
Every person commits an offence who—
refuses to allow any other person access to or use of any place or vehicle which members of the public are entitled or allowed to enter or use; or
refuses any other person the use of any facilities in that place or vehicle which are available to members of the public; or
requires any other person to leave or to cease to use that place or vehicle or those facilities,—
when that refusal or requirement is in breach of any of the provisions of Part 2.
Every person who commits an offence against this section is liable on conviction to a fine not exceeding $3,000.
In this section the term vehicle includes a vessel, an aircraft, or a hovercraft.
135. No prosecution without Attorney-General’s consent
No prosecution for an offence against section 134 shall be instituted without the consent of the Attorney-General.
136. Condition in restraint of marriage, civil union, or de facto relationship
A condition, whether oral or contained in a deed, will, or other instrument, which restrains or has the effect of restraining a person from marrying or entering into a civil union or de facto relationship shall be void if the person or class of person whom the person subject to the condition may or may not marry or enter into a civil union or de facto relationship with is identified or defined, expressly or by implication, by reference to the colour, race, or ethnic or national origins of the person or class of person.
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Every person engaged by the Commission in connection with its work is an official for the purposes of sections 105 and 105A of the Crimes Act 1961.
This section does not limit section 135 of the Crown Entities Act 2004.
138. No adverse statement
The Commission must not, in any report or statement made pursuant to this Act, make any comment that is adverse to any person unless that person has been given an opportunity to be heard.
139. Restriction on delegation
The Commission may not delegate the powers or functions in section 7 or section 76.
In other respects, section 73 of the Crown Entities Act 2004 applies.
140. Delegation of powers by certain Commissioners
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.
A delegation under this section—
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
may be made subject to any restrictions or conditions the Commissioner thinks fit; and
may be made either generally or in relation to any particular case or class of cases; and
is revocable at will and, until revoked, continues in force according to its tenor.
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 section 7.
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.
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 person’s authority to exercise the power.
Sections 62 to 72 of the Crown Entities Act 2004 apply to a delegate under this section as if the delegate were a member and as if the disclosure must be made to the Commission and with other necessary modifications.
Sections 74 to 76 of the Crown Entities Act 2004 do not apply to a delegation under this section.
141. Annual report
[Repealed]
141A. Certain acts not to be questioned
No action of the Chief Commissioner or the Race Relations Commissioner that is required by this Act to be undertaken jointly with the other may be questioned in any proceedings on the ground that it was not undertaken jointly.
No action of the Chief Commissioner or the Equal Employment Opportunities Commissioner that is required by this Act to be undertaken jointly with the other may be questioned in any proceedings on the ground that it was not undertaken jointly.
142. Money to be appropriated by Parliament for purposes of this Act
[Repealed]
143. Offences
Every person commits an offence against this Act and is liable on conviction to a fine not exceeding $3,000 who—
without lawful justification or excuse, wilfully obstructs, hinders, or resists the Commission or a Commissioner or any other person in the exercise of its or his or her powers under this Act:
without lawful justification or excuse, refuses or wilfully fails to comply with any lawful requirement of the Commission or a Commissioner or any other person under this Act:
makes any false statement knowing it to be false or intentionally misleads or attempts to mislead the Commission or a Commissioner or any other person in the exercise of its or his or her powers under this Act.
144. Regulations
The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
prescribing the procedure to be followed under this Act in respect of complaints to and proceedings before the Commission or in respect of proceedings before the Tribunal:
prescribing forms for the purposes of this Act, and requiring the use of such forms:
providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
For the avoidance of doubt, it is hereby declared that the power conferred by subsection (1) to make regulations in respect of proceedings before the Tribunal includes power to make regulations in respect of proceedings in connection with the exercise or performance of any function, power, or duty conferred or imposed on the Tribunal by or under any other enactment.
145. Related amendments to other enactments
[Repealed]
146. Repeals
[Repealed]
147. Revocation
[Repealed]
Subpart 1. Transitional provisions
148. Former office of Commissioner abolished
The office of Commissioner under section 7(1) of the principal Act (as it read immediately before the commencement of this section) is abolished.
No person is entitled to compensation for loss of office as a Commissioner under subsection (1).
148A. Certain former Commissioners to be transitional members of Commission
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 Chief Commissioner under section 8(1)(a) (as substituted by section 5 of the Human Rights Amendment Act 2001).
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 section 8(1)(b) (as substituted by section 5 of the Human Rights Amendment Act 2001).
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 section 8(1)(d) (as substituted by section 5 of the Human Rights Amendment Act 2001).
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 Human Rights Amendment Act 2001) cease to be Human Rights Commissioners on the commencement of this section.
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).
Subpart 2. Race Relations Conciliator
148B. Assets and liabilities vest in Commission
On the commencement of this section, the assets and liabilities of the Race Relations Conciliator vest in the Commission.
148C. References to Race Relations Conciliator
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.
Despite subsection (1), 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 Relations Conciliator would have had to perform under section 41 of the Public Finance Act 1989 if the Human Rights Amendment Act 2001 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
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 immediately before that date.
For the purposes of every enactment, law, contract, and agreement relating to the employment of the employee,—
the contract of employment of that employee is taken to be unbroken; and
the employee’s period of service with the Race Relations 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.
A person to whom subsection (1) applies is not entitled to any compensation just because the person has ceased to be an employee of the Race Relations Conciliator.
Subpart 3. Proceedings Commissioner
148G. Proceedings Commissioner
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 commencement of this section) is taken to have been appointed to the office of Director of Human Rights Proceedings under section 20A (as substituted by section 5 of the Human Rights Amendment Act 2001).
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 Commissioner in any instrument, document, or notice is to be read as a reference to the Director.
148I. Proceedings to which Proceedings Commissioner party
Proceedings to which the Proceedings Commissioner was a party or that he or she was considering bringing, before the commencement of this section—
must be brought, continued, completed, and enforced by the Director; and
may be brought, continued, completed, and enforced against the Director.
Sections 86 to 92, 95, and 97 (as they read immediately before the commencement of this section) apply (with any necessary modifications) to any proceedings to which the Proceedings Commissioner was a party before the commencement of this section as if—
the Director were the Proceedings Commissioner; and
the Office of Human Rights Proceedings were the Commission; and
the Human Rights Review Tribunal were the Complaints Review Tribunal.
148J. Complaints referred to Proceedings Commissioner for decision as to proceedings
Subsection (2) applies—
if a complaint is referred to the Proceedings Commissioner under section 75(g) (as it read immediately before the commencement of this section), but no proceedings have been instituted by the Proceedings Commissioner; or
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 immediately before the commencement of this section), but no proceedings were instituted by the Proceedings Commissioner before the commencement of this section.
If this subsection applies,—
if the Commissioner has not made a decision on whether to institute proceedings, the Director must decide, under section 90(1)(c), whether to provide representation in relation to the complaint:
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:
if the Commissioner has made a decision not to institute proceedings, that decision is deemed to have been made by the Director.
148K. Transfer of employees from Commission to Office
The Commission and the Office of Human Rights Proceedings 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.
For the purposes of every enactment, law, contract, and agreement relating to the employment of the employee,—
the contract of employment of that employee is taken to have been unbroken; and
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.
An employee of the Commission who is transferred to the Office of Human Rights Proceedings under subsection (1) is not entitled to any compensation just because-
the position held by the employee with the Commission has ceased to exist; or
the person has ceased (as a result of the transfer) to be an employee of the Commission.
Subpart 4. 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
A complaint lodged with the Complaints Division before the commencement of this Act must be dealt with by the Commission under Part 3 (as substituted by section 9 of the Human Rights Amendment Act 2001) as if the complaint were made to the Commission under section 76(2)(a).
For the purposes of subsection (1),—
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 conference has not taken place, the Commission must instead offer to convene a dispute resolution meeting; and
if section 79(2) applies to the complaint, the Commission must inform the Attorney-General of the details of the complaint as soon as practicable.
Despite subsection (1), if, in relation to a complaint, the Complaints 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 1 January 2002 is capable of being in breach of Part 1A unless—
the act or omission continues on or after 1 January 2002; or
in the case of an enactment, the enactment is in force on or after 1 January 2002.
148O. Complaints about breaches of Part 1A
Despite section 76, the Commission is not under a duty to receive or assess any complaint alleging a breach of Part 1A that is made to the Commission before 1 April 2002.
The Commission is not under a duty to receive or assess any complaint alleging that an act or omission that occurred before 1 January 2002 and that ceased to continue or to be in force before 1 January 2002 is in breach of Part 1A.
Subpart 5. Savings
149. Special provisions in relation to written employment contracts in force on 1 April 1992
This section applies to every employment contract (whether a collective employment contract or an individual employment contract) that—
is in writing; and
was in force on 1 April 1992; and
specifies an age at which an employee is required to retire.
Where the parties to an employment contract to which this section applies agree in writing, at any time on or after 1 April 1992, to confirm or vary the age specified in the employment contract, the age, as so confirmed or varied, shall have effect notwithstanding section 22.
Where the parties to an employment contract to which this section applies have not agreed in writing to confirm or vary the age specified in the employment contract, section 22 shall apply in relation to that employment contract.
Where, as at 1 April 1992, the age at which an employer is required to retire, under a term of that employee’s employment contract, was specified only in a document that sets out the employer’s policy on the retirement ages of the employer’s employees or any of them, this section shall not apply in relation to that employee’s employment contract.
150. Charitable instruments
Nothing in this Act shall apply—
to any provision in an existing or future will, deed, or other instrument where that provision confers charitable benefits, or enables charitable benefits to be conferred, on persons against whom discrimination is unlawful by virtue of Part 2; or
to any act done in order to comply with any provision described in paragraph (a).
For the purposes of this section, charitable benefits means benefits for purposes that are charitable in accordance with the law of New Zealand.
151. Other enactments and actions not affected
[Repealed]
152. Expiry of section 151
[Repealed]
153. Savings
Nothing in this Act affects the right to bring any proceedings, whether civil or criminal, that may be brought other than under this Act, but, in assessing any damages to be awarded to or on behalf of any person under this Act or otherwise, a court must take account of any damages already awarded to or on behalf of that person in respect of the same cause of action.
Subject to the Illegal Contracts Act 1970, no proceedings, civil or criminal, shall lie against any person, except as provided by this Act, in respect of any act or omission which is unlawful by virtue only of any of the provisions of Part 2.
Nothing in this Act shall affect any enactment or rule of law, or any policy or administrative practice of the Government of New Zealand, that—
[Repealed]
distinguishes between New Zealand citizens and other persons, or between British subjects or Commonwealth citizens and aliens.
[Repealed]
Schedule 1. Administrative provisions applying in respect of Commission
1. General manager: appointment, term of office, and conditions
The general manager—
is appointed by the Chief Human Rights Commissioner, after consultation with the Commission, under section 18, and his or her office is a full-time one; and
holds the office for the term (not longer than 5 years) and under the conditions specified in his or her 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, continues in it until his or her successor comes into it, even though the term for which he or she was appointed has expired.
Subclause (1) is subject to section 117 of the Crown Entities Act 2004.
In the case of absence from duty of the general manager (for any reason) or on the occurrence of a vacancy in that position (for any reason) and while the absence or vacancy continues, all or any of the powers and duties of the general manager may be exercised and performed by any other employee of the Commission for the time being directed by the Chief Commissioner (after consultation by the Chief Commissioner with the Commission) to exercise and perform them, whether the direction has been given before the absence or vacancy occurs or while it continues.
No direction given under subclause (3) and no acts done by any employee of the Commission acting under that direction may in any proceedings be questioned on the ground that—
the occasion for the direction had not arisen or had ceased; or
that the employee has not been appointed to the position of general manager.
2. Staff
[Repealed]
3. Employment principles
[Repealed]
4. Appointment of experts
[Repealed]
5. Salaries and allowances
[Repealed]
6. Superannuation or retiring allowances
For the purpose of providing superannuation or retiring allowances for the Commissioners, 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.
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 Superannuation Fund under Part 2 or Part 2A 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 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.
For the purpose of applying the Government Superannuation Fund Act 1956, in accordance with subclause (2), 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
[Repealed]
8. Services for Commission
[Repealed]
9. Funds of Commission
[Repealed]
10. Bank accounts
[Repealed]
11. Investment of money
[Repealed]
12. Borrowing
[Repealed]
13. Seal
[Repealed]
14. Tax status
[Repealed]
15. Crown entity
[Repealed]
16. Auditor
[Repealed]
Schedule 2. Administrative provisions applying in respect of Office of Human Rights Proceedings
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 section 20A functions include powers or duties
Office means the Office of Human Rights Proceedings referred to in section 20.
2. Staff
The Director may, in accordance with this clause, appoint any employees (including acting or temporary or casual employees) that he or she considers necessary for the efficient carrying out of the functions of the Director.
Employees appointed under this clause are employed on any terms and conditions of employment the Director determines.
Subclause (2) is subject to section 116 of the Crown Entities Act 2004, except that the reference in section 116(1) to agreement by a Crown entity must be read as a reference to agreement by the Director.
[Repealed]
3. Employment principles
[Repealed]
4. Appointment of experts
The Director may, as and when the need arises, appoint any person (other than a Commissioner) who, in the Director’s opinion, possesses expert knowledge 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 necessary for the efficient exercise or performance by the Office of the functions of the Director.
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. Application of Crown Entities Act 2004 to Director
Sections 47 and 48 and 120 to 126 of the Crown Entities Act 2004 apply to the Director, with all necessary modifications, as if he or she were a member of the Commission.
6. Superannuation or retiring allowances
For the purpose of providing superannuation or retiring allowances for the Director, 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.
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 2 or Part 2A 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.
For the purpose of applying the Government Superannuation Fund Act 1956, in accordance with subclause (2), 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
[Repealed]
8. Services for Office
[Repealed]
9. Funds of Office
[Repealed]
10. Bank accounts
[Repealed]
11. Investment of money
[Repealed]
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.
Schedule 3. Enactments repealed
[Repealed]
Amendment Act 1. Human Rights Amendment Act 1994
Public Act: 1994 No 138
Date of assent: 9 December 1994
Commencement: 9 December 1994
1. Short Title
This Act may be cited as the Human Rights Amendment Act 1994, and shall be read together with and deemed part of the Human Rights Act 1993 (hereinafter referred to as “the principal Act”).
Subpart 1. Application of principal Act and Human Rights Commission Act 1977 to superannuation schemes
2. Application of principal Act to superannuation schemes providing benefits on account of marital status
Notwithstanding any rule of law, nothing in section 22 or section 44 or section 70 of the principal Act shall prevent, or be taken ever to have prevented, the provisions of a superannuation scheme, or the trustees of the scheme, from providing, on the death of a member of the scheme, a benefit for either—
the spouse of that member; or
the civil union partner or de facto partner of that member,—
without providing a similar or corresponding or equivalent benefit on the death of other members of the scheme.
Subject to subsection (5), this section applies in respect of superannuation schemes established before or after the commencement of this Act.
This section applies notwithstanding any judgment, decision, or order of any court or tribunal given or made before or after the commencement of this Act in proceedings commenced before the commencement of this Act.
Nothing in section 153(1) of the principal Act limits or affects this section.
Nothing in this section applies to the provision of benefits under a superannuation scheme or by the trustees of a scheme in respect of any person who, at any time on or after 1 January 1996, becomes a member of the scheme unless,—
immediately before becoming a member, that person was a member of another superannuation scheme that provides or provided, or the trustees of which provide or provided, benefits of a kind referred to in paragraph (a) or paragraph (b) of subsection (1); and
that person became a member of the first-mentioned scheme as a result of a requirement, or the exercise of a right, to leave that other scheme by reason of any merger, takeover, or restructuring of, or reorganisation of the business of, that person’s employer.
Nothing in this section affects the validity of any amendment to the instrument or conditions governing a superannuation scheme made pursuant to section 72 of the principal Act before the commencement of this Act.
3. Application of principal Act to superannuation schemes providing benefits for children and dependants
For the avoidance of doubt, it is hereby declared that nothing in section 22 or section 44 or section 70 of the principal Act shall prevent, or be taken ever to have prevented, the provisions of a superannuation scheme, or the trustees of the scheme, from providing, on the death of a member of the scheme, a benefit for a child or dependant of that member’s family, including a child or dependant belonging to a particular class determined by reference to age, disability, or employment status without providing a similar or corresponding or equivalent benefit on the death of other members of the scheme.
This section applies in respect of superannuation schemes established before or after the commencement of this Act.
This section applies notwithstanding any judgment, decision, or order of any court or tribunal given or made before or after the commencement of this Act in proceedings commenced before the commencement of this Act.
4. Savings in respect of certain superannuation schemes
For the avoidance of doubt, it is hereby declared that nothing in section 22 or section 44 of the principal Act relating to different treatment on the ground of sex or marital status shall apply, or be taken ever to have applied, to—
a superannuation scheme to which subsection (2) of section 88 of the Human Rights Commission Act 1977 applied, except in respect of a person who became a member of the scheme on or after 1 April 1980 or to whom amendments to the scheme were applied pursuant to subsection (4) of that section; or
a superannuation scheme established as an alternative to making amendments of the kind referred to in subsection (4) of section 88 of the Human Rights Commission Act 1977 to an existing scheme, except in respect of a person who became a member of the scheme by virtue of subsections (4) and (5) of that section.
For the avoidance of doubt, it is hereby further declared that where any superannuation scheme was amended for the purpose of ensuring that its operation did not involve a breach of section 15(1) or section 24(1) of the Human Rights Commission Act 1977, nothing in the principal Act, and nothing in those amendments, shall deprive, or be taken ever to have deprived, any person who joined the scheme before the date on which those amendments came into force of any right or option to retire at a particular age or on a particular date or to become entitled under the scheme to a pension or other benefit, unless that person relinquishes that right or option.
5. Application of Human Rights Commission Act 1977 to superannuation schemes
Notwithstanding any rule of law, nothing in section 15(1) or section 24(1) or section 88 of the Human Rights Commission Act 1977 shall be taken ever to have prevented the provisions of a superannuation scheme, or the trustees of the scheme, from providing, on the death of a member of the scheme, a benefit for either—
the spouse of that member; or
the civil union partner or de facto partner of that member,— without providing a similar or corresponding or equivalent benefit on the death of other members of the scheme.
This section applies notwithstanding any judgment, decision, or order of any court or tribunal given or made before or after the commencement of this Act in proceedings commenced before the commencement of this Act.
Nothing in section 153(1) of the principal Act limits or affects this section.
Nothing in this section affects the validity of any amendment to the instrument or conditions governing a superannuation scheme made pursuant to section 90 of the Human Rights Commission Act 1977.
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