Human Rights Act 1993
Sections and provisions with full text and the judgments that cite each one.
Section 57 — Educational establishments
57 Educational establishments (1) It shall be unlawful for an educational establishment, or the authority responsible for the control of an educational establishment, or any person concerned in the…
Section 58 — Exceptions in relation to establishments for particular groups
58 Exceptions in relation to establishments for particular groups (1) An educational establishment maintained wholly or principally for students of one sex, race, or religious belief, or for students…
Section 59 — Exception in relation to courses and counselling
59 Exception in relation to courses and counselling Nothing in section 57 of this Act shall prevent the holding or provision, at any educational establishment, of courses or counselling restricted to…
Section 60 — Further exceptions in relation to disability
60 Further exceptions in relation to disability (1) Nothing in section 57 applies to a person whose disability is such that that person requires special services or facilities that in the…
Section 61 — Racial disharmony
61 Racial disharmony (1) It shall be unlawful for any person— (a) To publish or distribute written matter which is threatening, abusive, or insulting, or to broadcast by means of radio or television…
Section 62 — Sexual harassment
62 Sexual harassment (1) It shall be unlawful for any person (in the course of that person's involvement in any of the areas to which this subsection is applied by subsection (3) of this section) to…
Section 63 — Racial harassment
63 Racial harassment (1) It shall be unlawful for any person to use language (whether written or spoken), or visual material, or physical behaviour that— (a) Expresses hostility against, or brings…
Section 64 — Choice of procedures
64 Choice of procedures [Repealed] Section 64 was amended, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24) by substituting “ Employment Relations Act 2000 ” for “…
Section 65 — Indirect discrimination
65 Indirect discrimination Where any conduct, practice, requirement, or condition that is not apparently in contravention of any provision of this Part of this Act has the effect of treating a person…
Section 66 — Victimisation
66 Victimisation (1) It shall be unlawful for any person to treat or to threaten to treat any other person less favourably than he or she would treat other persons in the same or substantially…
Section 67 — Advertisements
67 Advertisements (1) It shall be unlawful for any person to publish or display, or to cause or allow to be published or displayed, any advertisement or notice which indicates, or could reasonably be…
Section 68 — Liability of employer and principals
68 Liability of employer and principals (1) Subject to subsection (3) of this section, anything done or omitted by a person as the employee of another person shall, for the purposes of this Part of…
Section 69 — Further provision in relation to sexual or racial harassment in employment
69 Further provision in relation to sexual or racial harassment in employment (1) Where— (a) A request of the kind described in section 62(1) of this Act is made to an employee; or (b) An employee is…
Section 70 — Superannuation schemes
70 Superannuation schemes (1) Subject to subsection (3) of this section, nothing in section 22 or section 44 of this Act relating to different treatment on the ground of age or disability shall apply…
Section 71 — Reports on superannuation schemes
71 Reports on superannuation schemes The Commission shall from time to time, after consultation with the Government Actuary, report to the Minister on whether discrimination on the prohibited grounds…
Section 72 — Power to vary trust deeds
72 Power to vary trust deeds (1) Notwithstanding any Act or rule of law or the provisions of the instrument or conditions governing any superannuation scheme, the trustees of the scheme may make such…
Section 73 — Measures to ensure equality
73 Measures to ensure equality (1) Anything done or omitted which would otherwise constitute a breach of any of the provisions of this Part of this Act shall not constitute such a breach if— (a) It…
Section 74 — Measures relating to pregnancy, childbirth, or family responsibilities
74 Measures relating to pregnancy, childbirth, or family responsibilities For the avoidance of doubt it is hereby declared that preferential treatment granted by reason of— (a) A woman's pregnancy or…
Section 75 — Object of this Part
75 Object of this Part The object of this Part is to establish procedures that— (a) facilitate the provision of information to members of the public who have questions about discrimination; and (b)…
Section 76 — Functions of Commission under this Part
76 Functions of Commission under this Part (1) The primary functions of the Commission under this Part are— (a) to provide information to members of the public who have questions about…
Section 77 — Dispute resolution services
77 Dispute resolution services (1) The Commission must provide dispute resolution services for the purposes of carrying out its functions under section 76 . (2) Services provided under this section…
Section 78 — Method of providing services
78 Method of providing services Services provided under section 77 may be provided in any manner, including— (a) by a telephone, facsimile, internet, or email service (whether as a means of…
Section 79 — How complaints received to be treated
79 How complaints received to be treated (1) This section applies if the Commission receives, under section 76(2)(a) , a complaint alleging that there has been a breach of Part 1A or Part 2 or both…
Section 79A — Choice of procedures
79A Choice of procedures (1) If the circumstances giving rise to a complaint under Part 2 are such that an employee would also be entitled to pursue a personal grievance under the Employment…
Section 80 — Taking action or further action in relation to complaint
80 Taking action or further action in relation to complaint (1) The Commission may only take action or further action under this Part in relation to a complaint if the complainant or person alleged…
Section 81 — Commission to inform parties of process
81 Commission to inform parties of process (1) Before gathering information about a complaint, the Commission must comply with subsections (2) and (4) . (2) The Commission must inform the following…
Section 82 — Information gathering and disclosure by Commission
82 Information gathering and disclosure by Commission (1) When the Commission gathers information about a complaint under section 76(2)(b) for the purposes of section 76(2)(c) or (d) — (a) that…
Section 83 — Settlement
83 Settlement (1) This section applies if at any time it appears to the Commission from a complaint (including one referred back to the Commission by the Director, under section 90(1)(b) , or the…
Section 84 — Reference of complaint to Director or from Director or Tribunal
84 Reference of complaint to Director or from Director or Tribunal (1) The complainant, aggrieved person, or party seeking to enforce a settlement may refer a complaint to the Director so that he or…
Section 85 — Confidentiality of information disclosed at dispute resolution meeting
85 Confidentiality of information disclosed at dispute resolution meeting (1) Except with the consent of the parties or the relevant party, persons referred to in subsection (2) must keep…
Section 86 — Evidence as to dispute resolution meeting
86 Evidence as to dispute resolution meeting (1) No mediator at a dispute resolution meeting may give evidence in any proceedings, whether under this Act or any other Act, about— (a) the meeting; or…
Section 87 — Certain information not to be made available
87 Certain information not to be made available Any statement, admission, document, or information disclosed or made to the mediator at a dispute resolution meeting for the purposes of the dispute…
Section 88 — Limits on effect of section 80(1) or sections 85 to 87
88 Limits on effect of section 80(1) or sections 85 to 87 Nothing in section 80(1) or sections 85 to 87 — (a) prevents the discovery or affects the admissibility of any evidence (being evidence that…
Section 89 — Enforcement of terms of settlement agreed by parties
89 Enforcement of terms of settlement agreed by parties A settlement between parties to a complaint may be enforced by proceedings before the Tribunal brought under section 92B(4) — (a) by the…
Section 90 — Functions of Director of Human Rights Proceedings under this Part
90 Functions of Director of Human Rights Proceedings under this Part (1) The Director's functions under this Part include, in relation to a complaint,— (a) deciding, in accordance with sections 91(1)…
Section 91 — Requirements for Director's decisions under section 90
91 Requirements for Director's decisions under section 90 (1) The Director may make a decision under section 90(1)(a) if it appears to him or her that a party has failed to observe the terms of a…
Section 92 — Matters Director to have regard to in deciding whether to provide representation in proceedings before Tribunal or in related proceedings
92 Matters Director to have regard to in deciding whether to provide representation in proceedings before Tribunal or in related proceedings (1) In deciding under section 90(1)(a) or (c) or section…
Section 92A — Director to notify and report on decisions on representation
92A Director to notify and report on decisions on representation (1) Promptly after making a decision under section 90(1)(a) or (c) , the Director must notify the complainant, aggrieved person, group…
Section 92BA — Lodging of applications
92BA Lodging of applications Proceedings before the Tribunal are to be commenced by the lodging of an application in the prescribed form. Section 92BA was inserted, as from 1 December 2004, by…
Section 92B — Civil proceedings arising from complaints
92B Civil proceedings arising from complaints (1) If a complaint referred to in section 76(2)(a) has been made, the complainant, the person aggrieved (if not the complainant), or the Commission may…
Section 92C — Representation in civil proceedings arising from complaints
92C Representation in civil proceedings arising from complaints (1) A party to proceedings before the Tribunal or related proceedings may appear and be heard— (a) in person, or by a barrister or…
Section 92D — Tribunal may refer complaint back to Commission, or adjourn proceedings to seek resolution by settlement
92D Tribunal may refer complaint back to Commission, or adjourn proceedings to seek resolution by settlement (1) When proceedings under section 92B are brought, the Tribunal— (a) must (whether…
Section 92E — Civil proceedings arising from inquiry by Commission
92E Civil proceedings arising from inquiry by Commission (1) If the Commission considers that an inquiry by it under section 5(2)(h) has disclosed or may have disclosed a breach of a kind referred to…
Section 92F — Proof of justified limits and exceptions
92F Proof of justified limits and exceptions (1) The onus of proving, in any proceedings under this Part, that an act or omission is, under section 5 of the New Zealand Bill of Rights Act 1990 , a…
Section 92G — Right of Attorney-General to appear in civil proceedings
92G Right of Attorney-General to appear in civil proceedings (1) The Attorney-General may appear and be heard, in person or by a barrister or solicitor,— (a) in proceedings before the Human Rights…
Section 92H — Right of Commission to appear in civil proceedings
92H Right of Commission to appear in civil proceedings (1) The Commission may appear and be heard, in person or by a barrister or solicitor,— (a) in proceedings before the Human Rights Review…
Section 92I — Remedies
92I Remedies (1) This section is subject to sections 92J and 92K (which relate to the only remedy that may be granted by the Tribunal if it finds that an enactment is in breach of Part 1A ). (2) In…
Section 92J — Remedy for enactments in breach of Part 1A
92J Remedy for enactments in breach of Part 1A (1) If, in proceedings before the Human Rights Review Tribunal, the Tribunal finds that an enactment is in breach of Part 1A , the only remedy that the…
Section 92K — Effect of declaration
92K Effect of declaration (1) A declaration under section 92J does not— (a) affect the validity, application, or enforcement of the enactment in respect of which it is given; or (b) prevent the…
Section 92L — Costs
92L Costs (1) In any proceedings under section 92B or section 92E or section 97 , the Tribunal may make any award as to costs that it thinks fit, whether or not it grants any other remedy. (2)…