Human Rights Act 1993

Savings

Schedule 1: Administrative provisions applying in respect of Commission

You could also call this:

"Rules about how the Human Rights Commission is run"

Illustration for Human Rights Act 1993

The Human Rights Act 1993 has rules about how the Commission works. You need to know that the Commission has a general manager who is appointed by the Chief Human Rights Commissioner. The general manager's job is full-time and they can be reappointed. The Commission can pay for superannuation or retiring allowances for its Commissioners. This means the Commission can help its workers save for when they retire. Some workers may already be part of a government superannuation fund, and if so, they can keep being part of it while working for the Commission. The Commission's general manager is appointed under section 18, and their role is subject to section 117 of the Crown Entities Act 2004. The Commission can also make payments to a retirement scheme, as defined in section 6(1) of the Financial Markets Conduct Act 2013. If you want to know more about superannuation, you can look at the Government Superannuation Fund Act 1956. The Commission has rules about how it is run, but many of these rules have been repealed, which means they no longer apply. Repealed rules include those about staff, employment principles, and the Commission's funds. You can find more information about the Commission and its rules in the Human Rights Act 1993 and other related laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305766.

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1Administrative provisions applying in respect of Commission Empowered by s 20H(1)

1General manager: appointment, term of office, and conditions

  1. The general manager—

  2. is appointed by the Chief Human Rights Commissioner, after consultation with the Commission, under section 18, and his or her office is a full-time one; and
    1. holds the office for the term (not longer than 5 years) and under the conditions specified in his or her appointment; and
      1. may, from time to time, be reappointed; and
        1. unless he or she sooner vacates or no longer holds or is removed from the office, continues in it until his or her successor comes into it, even though the term for which he or she was appointed has expired.
          1. Subclause (1) is subject to section 117 of the Crown Entities Act 2004.

          2. In the case of absence from duty of the general manager (for any reason) or on the occurrence of a vacancy in that position (for any reason) and while the absence or vacancy continues, all or any of the powers and duties of the general manager may be exercised and performed by any other employee of the Commission for the time being directed by the Chief Commissioner (after consultation by the Chief Commissioner with the Commission) to exercise and perform them, whether the direction has been given before the absence or vacancy occurs or while it continues.

          3. No direction given under subclause (3) and no acts done by any employee of the Commission acting under that direction may in any proceedings be questioned on the ground that—

          4. the occasion for the direction had not arisen or had ceased; or
            1. that the employee has not been appointed to the position of general manager.
              Notes
              • Schedule 1 clause 1(2): substituted, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

              2Staff (Repealed)

                Notes
                • Schedule 1 clause 2: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

                3Employment principles (Repealed)

                  Notes
                  • Schedule 1 clause 3: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

                  4Appointment of experts (Repealed)

                    Notes
                    • Schedule 1 clause 4: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

                    5Salaries and allowances (Repealed)

                      Notes
                      • Schedule 1 clause 5: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

                      6Superannuation or retiring allowances

                      1. For the purpose of providing superannuation or retiring allowances for the Commissioners, the Commission may, out of the funds of the Commission, make payments to or subsidise any retirement scheme (within the meaning of section 6(1) of the Financial Markets Conduct Act 2013).

                      2. Despite anything in this Act, any person who, immediately before being appointed as a Commissioner or the general manager or, as the case may be, becoming an employee of the Commission, is a contributor to the Government Superannuation Fund under Part 2 or Part 2A of the Government Superannuation Fund Act 1956 is deemed to be, for the purposes of the Government Superannuation Fund Act 1956, employed in the Government service so long as that person continues to hold office as a Commissioner or the general manager or, as the case may be, to be an employee of the Commission, and that Act applies to that person in all respects as if that person's service as a Commissioner or the general manager or, as the case may be, as an employee of that kind were Government service.

                      3. For the purpose of applying the Government Superannuation Fund Act 1956, in accordance with subclause (2), to a person who holds office as a Commissioner or the general manager or, as the case may be, is in the service of the Commission as an employee and (in any such case) is a contributor to the Government Superannuation Fund, controlling authority, in relation to the person, means the Commission.

                      Notes
                      • Schedule 1 clause 6(1): amended, on , by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
                      • Schedule 1 clause 6(1): amended, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

                      7Certain Acts do not apply to staff of Commission (Repealed)

                        Notes
                        • Schedule 1 clause 7: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

                        8Services for Commission (Repealed)

                          Notes
                          • Schedule 1 clause 8: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

                          9Funds of Commission (Repealed)

                            Notes
                            • Schedule 1 clause 9: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

                            10Bank accounts (Repealed)

                              Notes
                              • Schedule 1 clause 10: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

                              11Investment of money (Repealed)

                                Notes
                                • Schedule 1 clause 11: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

                                12Borrowing (Repealed)

                                  Notes
                                  • Schedule 1 clause 12: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

                                  13Seal (Repealed)

                                    Notes
                                    • Schedule 1 clause 13: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

                                    14Tax status (Repealed)

                                      Notes
                                      • Schedule 1 clause 14: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

                                      15Crown entity (Repealed)

                                        Notes
                                        • Schedule 1 clause 15: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

                                        16Auditor (Repealed)

                                          Notes
                                          • Schedule 1 clause 16: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).