New Zealand 1852 Constitution (reviewed 2014)

Human Rights Act 1993

Preamble

An Act to consolidate and amend the Race Relations Act 1971 and the Human Rights Commission Act 1977 and to provide better protection of human rights in New Zealand in general accordance with United Nations Covenants or Conventions on Human Rights

1. Short Title and commencement

1. This Act may be cited as the Human Rights Act 1993.
2. This Act shall come into force on 1 February 1994.

2. Interpretation

1. In this Act, unless the context otherwise requires,—
   • act includes an activity, condition, enactment, policy, practice, or requirement
     
     actuary means—

     1. a person who is a Fellow of the New Zealand Society of Actuaries Incorporated; or
     2. a person whom the Commission or the Complaints Division, as the case may be, considers to have an equivalent professional qualification

     Chief Commissioner means the Commissioner appointed as the Chief Human Rights Commissioner under section 8(1)(a)

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     Commission means the Human Rights Commission continued by section 4 and includes the Office of Human Rights Proceedings

     Commissioner means a member of the Commission

     Director of Human Rights Proceedings or Director means the Director of Human Rights Proceedings or alternate Director of Human Rights Proceedings appointed under section 20A

     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 section 77(2)(c)

     dispute resolution services includes the provision of answers to questions by members of the public about discrimination and compliance with this Act

     employer, in Part 2, includes—

     1. the employer of an independent contractor; and
     2. 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
     3. 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

     Equal Employment Opportunities Commissioner means the Commissioner appointed as the Equal Employment Opportunities Commissioner under section 8(1)(c)

     general manager means the general manager of the Commission appointed by the Chief Commissioner under section 18; 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 section 20

     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 section 8(1)(b)

     relative, in relation to any person, means any other person who—

     1. is related to the person by blood, marriage, civil union, de facto relationship, affinity, or adoption; or
     2. is wholly or mainly dependent on the person; or
     3. is a member of the person’s household

     residential accommodation, in sections 53 and 54, includes accommodation in a dwellinghouse, flat, hotel, motel, boardinghouse, 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 superannuation scheme constituted under an Act of Parliament of New Zealand.

2. Unless the context otherwise requires, every reference in this Act to a complaint alleging a breach of 1 or more Parts of this Act includes a complaint that appears to allege or concern such a breach (whether or not it refers to the relevant Part in question).
3. Unless the context otherwise requires, every reference in this Act to a person against whom a complaint is made includes a body of any kind against whom a complaint is made.

3. Act to bind the Crown

This Act shall bind the Crown.