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Human Rights Act 1993

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Schedule 2: Administrative provisions applying in respect of Office of Human Rights Proceedings

You could also call this:

"Rules for the Office of Human Rights Proceedings"

Illustration for Human Rights Act 1993

The Human Rights Act 1993 has a schedule that talks about the Office of Human Rights Proceedings. You need to know what some words mean. The Director is the person in charge of the Office. Functions include powers or duties. The Office is the group that helps with human rights. The Director can hire staff to help with their work. These staff are employed based on terms and conditions decided by the Director. The Director can also appoint experts to help with specific tasks. The Office can pay these experts for their work and cover their expenses. Some parts of another law, the Crown Entities Act 2004, also apply to the Director. The Office can help the Director with superannuation or retiring allowances. The address for serving the Director or the Office is the main premises of the Office.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305904.

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"Rules about how the Human Rights Commission is run"

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Schedule 3: Enactments repealed, or

"Laws that are no longer valid"

2Administrative provisions applying in respect of Office of Human Rights Proceedings Empowered by s 20H(2)

1Interpretation

  1. In this schedule, unless the context otherwise requires,—

    Director means the Director of Human Rights Proceedings, or alternate Director of Human Rights Proceedings, appointed under section 20A

      functions include powers or duties

        Office means the Office of Human Rights Proceedings referred to in section 20.

        2Staff

        1. The Director may, in accordance with this clause, appoint any employees (including acting or temporary or casual employees) that he or she considers necessary for the efficient carrying out of the functions of the Director.

        2. Employees appointed under this clause are employed on any terms and conditions of employment the Director determines.

        3. Subclause (2) is subject to section 116 of the Crown Entities Act 2004, except that the reference in section 116(1) to agreement by a Crown entity must be read as a reference to agreement by the Director.

        4. Repealed
        Notes
        • Schedule 2 clause 2(3): substituted, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
        • Schedule 2 clause 2(4): repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

        3Employment principles (Repealed)

          Notes
          • Schedule 2 clause 3: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

          4Appointment of experts

          1. The Director may, as and when the need arises, appoint any person (other than a Commissioner) who, in the Director's opinion, possesses expert knowledge or is otherwise able to assist in connection with the exercise or performance of the functions of the Director to make such inquiries or to conduct such research or to make such reports or to render such other services as may be necessary for the efficient exercise or performance by the Office of the functions of the Director.

          2. The Office must pay persons appointed under this clause, for services rendered by them, fees or commission or both at such rates as the Director thinks fit, and may separately reimburse them for expenses reasonably incurred in rendering services for the Office.

          5Application of Crown Entities Act 2004 to Director

          1. Sections 47 and 48 and 120 to 126 of the Crown Entities Act 2004 apply to the Director, with all necessary modifications, as if he or she were a member of the Commission.

          Notes
          • Schedule 2 clause 5: substituted, 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 Director, the Office may, out of the funds of the Office, 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 the Director or, as the case may be, becoming an employee of the Office, 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 the Director or, as the case may be, to be an employee of the Office, and that Act applies to that person in all respects as if that person's service as the Director 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 the Director or, as the case may be, is in the service of the Office 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 Office.

          Notes
          • Schedule 2 clause 6(1): amended, on , by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
          • Schedule 2 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 Office (Repealed)

            Notes
            • Schedule 2 clause 7: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

            8Services for Office (Repealed)

              Notes
              • Schedule 2 clause 8: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

              9Funds of Office (Repealed)

                Notes
                • Schedule 2 clause 9: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

                10Bank accounts (Repealed)

                  Notes
                  • Schedule 2 clause 10: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

                  11Investment of money (Repealed)

                    Notes
                    • Schedule 2 clause 11: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

                    12Address for service

                    1. The address for service of the Director and of the Office is the address of the main premises of the Office.