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Human Rights Act 1993

Sections and provisions with full text and the judgments that cite each one.

Section 126A — Evidence order

126A Evidence order (1) Any District Court Judge who is satisfied, on an application made by the Commission in accordance with subsection (3) , that any person can provide information, documents, or…

Section 127 — Evidence

127 Evidence (1) The Commission may, by notice in writing, require any person who is the subject of an order under section 126A(1)(a) to provide any information, and to produce any documents or…

Section 128 — Protection and privileges of witnesses, etc

128 Protection and privileges of witnesses, etc (1) Every person shall have the same privileges in relation to the giving of information to, the answering of questions put by, and the production of…

Section 129 — Disclosure of certain matters not to be required

129 Disclosure of certain matters not to be required (1) Where— (a) The Prime Minister certifies that the giving of any information or the answering of any question or the production of any document…

Section 130 — Proceedings privileged

130 Proceedings privileged (1) Sections 120 to 126 of the Crown Entities Act 2004 apply except to the extent provided in subsections (2) and (2A) (which set out special rules relating to proceedings…

Section 131 — Inciting racial disharmony

131 Inciting racial disharmony (1) Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $7,000 who, with…

Section 132 — No prosecution without Attorney-General's consent

132 No prosecution without Attorney-General's consent No prosecution for an offence against section 131 of this Act shall be instituted without the consent of the Attorney-General. Compare: 1971 No…

Section 133 — Licences and registration

133 Licences and registration (1) 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…

Section 134 — Access by the public to places, vehicles, and facilities

134 Access by the public to places, vehicles, and facilities (1) Every person commits an offence who— (a) Refuses to allow any other person access to or use of any place or vehicle which members of…

Section 135 — No prosecution without Attorney-General's consent

135 No prosecution without Attorney-General's consent No prosecution for an offence against section 134 of this Act shall be instituted without the consent of the Attorney-General. Compare: 1971 No…

Section 136 — Condition in restraint of marriage, civil union, or de facto relationship

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…

Section 137 — Advisors to be officials

137 Advisors to be officials (1) 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 . (2) This section…

Section 138 — No adverse statement

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…

Section 139 — Restriction on delegation

139 Restriction on delegation (1) The Commission may not delegate the powers or functions in section 7 or section 76 . (2) In other respects, section 73 of the Crown Entities Act 2004 applies.…

Section 140 — Delegation of powers by certain Commissioners

140 Delegation of powers by certain Commissioners (1) The Chief Human Rights Commissioner or the Race Relations Commissioner may, in writing signed by him or her, delegate to an officer or employee…

Repealed

Section 141 — Annual report

141 Annual report [Repealed] Section 141 was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Section 141A — Certain acts not to be questioned

141A Certain acts not to be questioned (1) 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…

Repealed

Section 142 — Money to be appropriated by Parliament for purposes of this Act

142 Money to be appropriated by Parliament for purposes of this Act [Repealed] Section 142 was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Section 143 — Offences

143 Offences Every person commits an offence against this Act and is liable on summary conviction to a fine not exceeding $3,000 who— (a) Without lawful justification or excuse, wilfully obstructs,…

Section 144 — Regulations

144 Regulations (1) The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: (a) Prescribing the procedure to be followed under this…

Repealed

Section 145 — Related amendments to other enactments

145 Related amendments to other enactments [Repealed] Sections 145 to 147 were repealed, as from 1 January 2002, by section 40 Human Rights Amendment Act 2001 (2001 No 96).

Repealed

Section 146 — Repeals

146 Repeals [Repealed] Sections 145 to 147 were repealed, as from 1 January 2002, by section 40 Human Rights Amendment Act 2001 (2001 No 96).

Repealed

Section 147 — Revocation

147 Revocation [Repealed] Sections 145 to 147 were repealed, as from 1 January 2002, by section 40 Human Rights Amendment Act 2001 (2001 No 96).

Section 148 — Former office of Commissioner abolished

148 Former office of Commissioner abolished (1) The office of Commissioner under section 7(1) of the principal Act (as it read immediately before the commencement of this section) is abolished. (2)…

Section 148A — Certain former Commissioners to be transitional members of Commission

148A Certain former Commissioners to be transitional members of Commission (1) The person who, immediately before the commencement of this section, held office as Chief Commissioner under section…

Section 148B — Assets and liabilities vest in Commission

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. Sections 148A to 148O were…

Section 148C — References to Race Relations Conciliator

148C References to Race Relations Conciliator (1) From the commencement of this section, unless the context otherwise requires, every reference to the Race Relations Conciliator in any instrument,…

Section 148D — Proceedings

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,…

Section 148E — Commission to arrange final audited accounts

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…

Section 148F — All employees transferred to Commission

148F All employees transferred to Commission (1) Every person employed by the Race Relations Conciliator immediately before the commencement of this section is, on and from that date, an employee of…

Section 148G — Proceedings Commissioner

148G Proceedings Commissioner (1) 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…

Section 148H — References to 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,…

Section 148I — Proceedings to which Proceedings Commissioner party

148I Proceedings to which Proceedings Commissioner party (1) Proceedings to which the Proceedings Commissioner was a party or that he or she was considering bringing, before the commencement of this…

Section 148J — Complaints referred to Proceedings Commissioner for decision as to proceedings

148J Complaints referred to Proceedings Commissioner for decision as to proceedings (1) Subsection (2) applies— (a) if a complaint is referred to the Proceedings Commissioner under section 75(g) (as…

Section 148K — Transfer of employees from Commission to Office

148K Transfer of employees from Commission to Office (1) The Commission and the Office of Human Rights Proceedings may, after consulting the employee concerned, agree to the transfer of an employee…

Section 148L — Complaints Division abolished

148L Complaints Division abolished The Complaints Division of the Commission is abolished. Sections 148A to 148O were inserted, as from 1 January 2002, by section 40 Human Rights Amendment Act 2001…

Section 148M — Outstanding complaints to be dealt with by Commission under new procedure

148M Outstanding complaints to be dealt with by Commission under new procedure (1) A complaint lodged with the Complaints Division before the commencement of this Act must be dealt with by the…

Section 148N — Breaches of Part 1A

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— (a) the act or omission continues on or after 1 January 2002; or (b)…

Section 148O — Complaints about breaches of Part 1A

148O Complaints about breaches of Part 1A (1) 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…

Section 149 — Special provisions in relation to written employment contracts in force on 1 April 1992

149 Special provisions in relation to written employment contracts in force on 1 April 1992 (1) This section applies to every employment contract (whether a collective employment contract or an…

Section 150 — Charitable instruments

150 Charitable instruments (1) Nothing in this Act shall apply— (a) To any provision in an existing or future will, deed, or other instrument where that provision confers charitable benefits, or…

Repealed

Section 151 — Other enactments and actions not affected

151 Other enactments and actions not affected [Repealed] Section 151 was repealed, as from 1 January 2002, by section 41 Human Rights Amendment Act 2001 (2001 No 96).

Repealed

Section 152 — Expiry of section 151

152 Expiry of section 151 [Repealed] Section 152 was amended, as from 1 October 1999, by section 3 Human Rights Amendment Act 1999 (1999 No 100) by substituting “ 31 December 2001 ” for “ the 31st…

Section 153 — Savings

153 Savings (1) 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…