This Act is the Human Rights Amendment Act 2016.
Human Rights Amendment Act 2016
| Jurisdiction | New Zealand |
| Reference | 2016 No 28 |
| Citation | 2016 No 28 |
| Record Number | DLM4097502 |
| Act Number | 28 |
| Type of Document | Act |
This Act comes into force on the day after the date on which it receives the Royal assent.
This Act amends the Human Rights Act 1993.
After section 2, insert:
The definition of Chief Commissioner in section 2(1) is amended by omitting
The definitions of Equal Employment Opportunities Commissioner and Race Relations Commissioner in section 2(1) are repealed.
Section 5(1)(b) is amended by omitting
Section 5(1) is amended by adding the following paragraphs:
Section 5(2) is amended by repealing paragraph (c) and substituting the following paragraphs:
Section 5(2)(k)(iii) is repealed.
Section 5(2) is amended by inserting the following paragraphs after paragraph (k):
Section 5(2) is amended by inserting the following paragraph after paragraph (m):
to exercise the following functions in relation to equal employment opportunities:
- to evaluate, through the use of benchmarks developed by the Commission, the roles that legislation, guidelines, and voluntary codes of practice play in facilitating and promoting best practice in equal employment opportunities:
- to lead the 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 paragraph (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:
Section 8 is amended by repealing subsection (1) and substituting the following subsections:
The Commission consists of the following Human Rights Commissioners:
- the Chief Commissioner; and
- not less than 3 and not more than 4 other Commissioners.
There must be a Commissioner, other than the Chief Commissioner, appointed to lead the work of the Commission in each of the following priority areas:
- disability rights (the Disability Rights Commissioner):
- equal employment opportunities (including pay equity) (the Equal Employment Opportunities Commissioner):
- race relations (the Race Relations Commissioner).
Section 10(2) and (3) are repealed.
Section 11(2) is amended by omitting
Section 13 is repealed and the following section substituted:
In recommending a person for appointment as a Commissioner appointed to lead the work of the Commission in a priority area under section 8(1A), the Minister must have regard not only to the criteria stated in section 11 but also to the person's—
- understanding of the principles and practice of the priority area in question, including its origin and development in New Zealand:
- appreciation of issues, trends, and developments, in other countries and internationally, affecting the priority area in question, and the relevance of those issues, trends, or developments for New Zealand:
- ability to perform the functions stated in section 16.
Section 14 is repealed.
Section 15 is repealed and the following section substituted:
The Chief Commissioner has the following functions:
- to chair the Commission, and lead discussions of the Commission except when it is the function of a Commissioner to do so under section 16(1)(a):
- 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 ensure that the Commission is effective and efficient in carrying out its functions:
- to ensure that the Commission meets its obligations under the Crown Entities Act 2004, the Public Finance Act 1989, and the State Sector Act 1988:
- to allocate spheres of responsibility (including responsibility for priority areas designated under section 8(1B)) 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 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.
Section 16 is repealed and the following section substituted:
A Commissioner who is appointed or designated to lead the work of the Commission in a priority area under section 8(1A) or (1B) has the following additional functions:
- to lead discussions of the Commission in relation to that priority area of work:
- to provide advice and leadership on matters in that priority area of work that arise in the course of activities undertaken in the...
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