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Human Rights Act 1993

Miscellaneous provisions - Transitional provisions

148A: Certain former Commissioners to be transitional members of Commission

You could also call this:

"What happens to old Human Rights Commissioners when the law changes"

Illustration for Human Rights Act 1993

You need to know what happens to some people who worked for the Human Rights Commission. The person who was the Chief Commissioner before this law started is now the Chief Commissioner under a new law, which is section 8(1)(a). This happened because of a change made by section 5 of the Human Rights Amendment Act 2001. You also need to know what happens to the Race Relations Conciliator. The person who was the Race Relations Conciliator before this law started is now the Race Relations Commissioner under section 8(1)(b). This change was made by section 5 of the Human Rights Amendment Act 2001. Other people who were Commissioners before this law started are now Commissioners under section 8(1)(d). They were appointed under section 7(1)(e) before this law started. This change was made by section 5 of the Human Rights Amendment Act 2001. Some people will stop being Human Rights Commissioners when this law starts. These people are the Privacy Commissioner appointed under the Privacy Act 2020 and the Proceedings Commissioner. The Proceedings Commissioner was appointed under section 7(1)(d) before the Human Rights Amendment Act 2001 started. People who become Commissioners under this law will have the same terms and conditions as they had before. They will be Commissioners for the rest of the time they were appointed for under section 7(1) before this law started.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305719.

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Topics:
Rights and equality > Anti-discriminationGovernment and voting > Government departments
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148: Former office of Commissioner abolished, or

"The job of Commissioner is stopped and people in this role won't get paid for losing it."

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148B: Assets and liabilities vest in Commission, or

"The Commission takes over the valuable things and debts of the Race Relations Conciliator."

Part 7Miscellaneous provisions
Transitional provisions

148ACertain 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 7(1)(a) (as it read immediately before the commencement of this section) is taken to have been appointed to the office of Chief Commissioner under section 8(1)(a) (as substituted by section 5 of the Human Rights Amendment Act 2001).

  2. The person who, immediately before the commencement of this section, held office as the Race Relations Conciliator is taken to have been appointed to the office of Race Relations Commissioner under section 8(1)(b) (as substituted by section 5 of the Human Rights Amendment Act 2001).

  3. Every person who, immediately before the commencement of this section, held office as Commissioner under section 7(1)(e) (as it read immediately before the commencement of this section) is taken to have been appointed to the office of Commissioner under section 8(1)(d) (as substituted by section 5 of the Human Rights Amendment Act 2001).

  4. The Privacy Commissioner appointed under the Privacy Act 2020 and the Commissioner appointed to be Proceedings Commissioner under section 7(1)(d) (as it read before the commencement of the Human Rights Amendment Act 2001) cease to be Human Rights Commissioners on the commencement of this section.

  5. Every person who is taken to have been appointed to the office of Commissioner under this section is appointed on the same terms and conditions and for the remainder of the term for which the person was appointed under section 7(1) (as it read immediately before the commencement of this section).

Notes
  • Section 148A: inserted, on , by section 40 of the Human Rights Amendment Act 2001 (2001 No 96).
  • Section 148A(4): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).