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Human Rights Act 1993

Human Rights Review Tribunal - Functions and powers of Tribunal

97: Power in respect of exception for genuine occupational qualification or genuine justification

You could also call this:

"The Tribunal can make exceptions to the law in special cases."

Illustration for Human Rights Act 1993

The Tribunal can make a special decision about something that might normally be against the law. You can ask the Tribunal to make this decision if you are involved in a complaint under section 76(2)(a) or an inquiry under section 5(2)(h). The Tribunal can say that something is not against the law if it is a genuine occupational qualification or a genuine justification, according to Part 2, sections 22 to 41, or sections 42 to 60.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304993.

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Part 4Human Rights Review Tribunal
Functions and powers of Tribunal

97Power in respect of exception for genuine occupational qualification or genuine justification

  1. The Tribunal may exercise the power referred to in subsection (2), but only—

  2. in respect of a matter in which it has jurisdiction under this Act to make a final determination; and
    1. on an application by the Commission, a person or persons against whom a complaint under section 76(2)(a) has been made, or a person who is the subject of an inquiry under section 5(2)(h).

      1. The power is to declare that an act, omission, practice, requirement, or condition that would otherwise be unlawful under Part 2 is not unlawful because it constitutes either or both—

      2. a genuine occupational qualification, in respect of sections 22 to 41:
        1. a genuine justification, in respect of sections 42 to 60.

          Notes
          • Section 97: substituted, on , by section 14 of the Human Rights Amendment Act 2001 (2001 No 96).