Human Rights Act 1993

2: Interpretation

You could also call this:

"Understanding important words in the Human Rights Act"

Illustration for Human Rights Act 1993

When you read the Human Rights Act 1993, some words have special meanings. You need to know what these words mean to understand the Act. The Act explains what these words mean. The word 'act' can mean an activity or something that is done. It can also mean a law or a policy. You will see this word used in different ways in the Act. The Act also talks about a 'Chief Commissioner' who is in charge of the Human Rights Commission. The 'Commission' is a group that helps people with human rights problems. It includes the Office of Human Rights Proceedings, which is a part of the Commission. Other important words in the Act are 'Commissioner', 'Director of Human Rights Proceedings', and 'Minister'. These people have important jobs in helping with human rights. The Act also explains what 'disability assist dog' means. It is a dog that helps a person with a disability. You will also see the words 'employer' and 'employee' used in the Act. An employer is a person or company that pays someone to work for them. An employee is the person who does the work. The Act talks about 'prohibited grounds of discrimination' which are reasons why you cannot treat someone unfairly. It also explains what 'relative' means, which is a person who is related to you by blood, marriage, or other relationships. The Act uses other words like 'residential accommodation' which means a place where you live. It also talks about 'superannuation schemes' which are plans that help people save money for when they retire. When you read the Act, you will see that it explains what all these words mean. This helps you understand what the Act is saying and how it can help you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304217.

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2Interpretation

  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
        1. 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

            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

                  disability assist dog has the same meaning as in section 2 of the Dog Control Act 1996

                    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
                            1. 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
                              1. 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

                                    fees framework means the framework determined by the Government from time to time for the classification and remuneration of statutory and other bodies in which the Crown has an interest

                                      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

                                                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
                                                  1. is wholly or mainly dependent on the person; or
                                                    1. 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.

                                                          1. 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).

                                                          2. 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.

                                                          Compare
                                                          • 1977 No 49 ss 2, 15(13), 25(5)
                                                          • 1983 No 56 s 4(4)
                                                          • 1992 No 16 s 2(3)
                                                          • 1993 No 35 s 3(3)
                                                          Notes
                                                          • Section 2: substituted, on , by section 3 of the Human Rights Amendment Act 2001 (2001 No 96).
                                                          • Section 2(1) actuary: inserted, on , by section 82 of the Financial Markets Authority Act 2011 (2011 No 5).
                                                          • Section 2(1) Chief Commissioner: amended, on , by section 5(1) of the Human Rights Amendment Act 2016 (2016 No 28).
                                                          • Section 2(1) Commission: amended, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
                                                          • Section 2(1) disability assist dog: inserted, on , by section 4 of the Human Rights (Disability Assist Dogs Non-Discrimination) Amendment Act 2022 (2022 No 18).
                                                          • Section 2(1) Equal Employment Opportunities Commissioner: repealed, on , by section 5(2) of the Human Rights Amendment Act 2016 (2016 No 28).
                                                          • Section 2(1) fees framework: inserted, on , by section 15 of the Remuneration Authority Legislation Act 2022 (2022 No 74).
                                                          • Section 2(1) Race Relations Commissioner: repealed, on , by section 5(2) of the Human Rights Amendment Act 2016 (2016 No 28).
                                                          • Section 2(1) relative paragraph (a): amended, on , by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).