Human Rights Act 1993
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Short Title and commencement
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 the 1st day of February 1994.
Section Sch1-1 — General manager: appointment, term of office, and conditions
1 General manager: appointment, term of office, and conditions (1) The General manager— (a) is appointed by the Chief Human Rights Commissioner, after consultation with the Commission, under section…
Section Sch1-10 — Bank accounts
10 Bank accounts [Repealed] Clauses 7 to 16 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Section Sch1-11 — Investment of money
11 Investment of money [Repealed] Clauses 7 to 16 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Section Sch1-12 — Borrowing
12 Borrowing [Repealed] Clauses 7 to 16 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Section Sch1-13 — Seal
13 Seal [Repealed] Clauses 7 to 16 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Section Sch1-14 — Tax status
14 Tax status [Repealed] Clauses 7 to 16 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Section Sch1-15 — Crown entity
15 Crown entity [Repealed] Clauses 7 to 16 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Section Sch1-16 — Auditor
16 Auditor [Repealed] Clauses 7 to 16 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Section Sch1-2 — Staff
2 Staff [Repealed] Clauses 2 to 5 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Section Sch1-3 — Employment principles
3 Employment principles [Repealed] Clauses 2 to 5 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Section Sch1-4 — Appointment of experts
4 Appointment of experts [Repealed] Clauses 2 to 5 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Section Sch1-5 — Salaries and allowances
5 Salaries and allowances [Repealed] Subclauses (1) and (2) were amended, as from 1 April 2003, by section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54) by…
Section Sch1-6 — Superannuation or retiring allowances
6 Superannuation or retiring allowances (1) For the purpose of providing superannuation or retiring allowances for the Commissioners, the Commission may, out of the funds of the Commission, make…
Section Sch1-7 — Certain Acts do not apply to staff of Commission
7 Certain Acts do not apply to staff of Commission [Repealed] Clauses 7 to 16 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Section Sch1-8 — Services for Commission
8 Services for Commission [Repealed] Clauses 7 to 16 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Section Sch1-9 — Funds of Commission
9 Funds of Commission [Repealed] Clauses 7 to 16 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Section 2 — Interpretation
2 Interpretation (1) In this Act, unless the context otherwise requires,— act includes an activity, condition, enactment, policy, practice, or requirement Chief Commissioner means the Commissioner…
Section Sch2-1 — Interpretation
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 Sch2-10 — Bank accounts
10 Bank accounts [Repealed] Clauses 7 to 11 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Section Sch2-11 — Investment of money
11 Investment of money [Repealed] Clauses 7 to 11 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Section Sch2-12 — Address for service
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.
Section Sch2-2 — Staff
2 Staff (1) 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…
Section Sch2-3 — Employment principles
3 Employment principles [Repealed] Clause 3 was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Section Sch2-4 — Appointment of experts
4 Appointment of experts (1) 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…
Section Sch2-5 — Application of Crown Entities Act 2004 to Director
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…
Section Sch2-6 — Superannuation or retiring allowances
6 Superannuation or retiring allowances (1) 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…
Section Sch2-7 — Certain Acts do not apply to staff of Office
7 Certain Acts do not apply to staff of Office [Repealed] Clauses 7 to 11 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Section Sch2-8 — Services for Office
8 Services for Office [Repealed] Clauses 7 to 11 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Section Sch2-9 — Funds of Office
9 Funds of Office [Repealed] Clauses 7 to 11 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Section 3 — Act to bind the Crown
3 Act to bind the Crown This Act shall bind the Crown. Compare: 1971 No 150 s 2; 1977 No 49 s 3
Section Sch3 — Enactments repealed
Schedule 3 Enactments repealed Section 146 [Repealed] Schedule 3 was repealed, as from 1 January 2002, by section 43 Human Rights Amendment Act 2001 (2001 No 96).
Section 4 — Continuation of Human Rights Commission
4 Continuation of Human Rights Commission (1) 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…
Section 5 — Functions of Commission
5 Functions of Commission (1) The primary functions of the Commission are— (a) to advocate and promote respect for, and an understanding and appreciation of, human rights in New Zealand society; and…
Section 6 — Powers relating to declaratory judgments
6 Powers relating to declaratory judgments (1) 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…
Section 7 — Commission determines general nature of activities
7 Commission determines general nature of activities (1) Subject to the role of the Minister in the process of setting and monitoring the strategic direction and targets of the Commission under Part…
Section 8 — Membership of Commission
8 Membership of Commission (1) The Commission consists of the following Human Rights Commissioners: (a) a Commissioner appointed as the Chief Commissioner, whose office is a full-time one: (b) a…
Section 9 — Alternate Commissioners
9 Alternate Commissioners (1) 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…
Section 10 — Meetings of Commission
10 Meetings of Commission (1) [Repealed] (2) The Race Relations Commissioner may, at any time, call a special meeting of the Commission. (3) Subsection (2) applies in addition to clause 7(2) of…
Section 11 — Criteria for appointment
11 Criteria for appointment (1) In recommending persons for appointment as Commissioners or alternate Commissioners, the Minister must have regard to the need for Commissioners and alternate…
Section 12 — Further criteria for appointment of Chief Commissioner
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…
Section 13 — Further criteria for appointment of Race Relations Commissioner
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…
Section 14 — Further criteria for appointment of Equal Employment Opportunities Commissioner
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…
Section 15 — Functions of Chief Commissioner
15 Functions of Chief Commissioner (1) The Chief Commissioner has the following functions: (a) to chair the Commission, and lead discussions of the Commission (except when the Commission has…
Section 16 — Functions of Race Relations Commissioner
16 Functions of Race Relations Commissioner The Race Relations Commissioner has the following functions: (a) to lead discussions of the Commission in relation to matters of race relations: (b) to…
Section 17 — Functions of Equal Employment Opportunities Commissioner
17 Functions of Equal Employment Opportunities Commissioner The Equal Employment Opportunities Commissioner has the following functions: (a) to lead discussions of the Commission about equal…
Section 18 — General manager and staff of Commission
18 General manager and staff of Commission (1) The General manager and staff of the Commission undertake activities required to perform the functions of the Commission in accordance with the…
Section 19 — Duty 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…
Section 20 — Office of Human Rights Proceedings
20 Office of Human Rights Proceedings (1) 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. (2) The…
Section 20A — Director of Human Rights Proceedings
20A Director of Human Rights Proceedings (1) The Director of Human Rights Proceedings is appointed by the Governor-General on the recommendation of the Minister. (2) The Governor-General may, on the…