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Human Rights Act 1993

Savings

Schedule 1AA: Transitional, savings, and related provisions

You could also call this:

"Special rules to help when the Human Rights Act changes"

Illustration for Human Rights Act 1993

The Human Rights Act 1993 has some special rules. You need to know about these rules when some parts of the Act change. These rules help with the change. When the Human Rights Amendment Act 2016 started, some things changed. The Commissioner who was in charge of equal employment opportunities before the change is still in charge. The Commissioner who was in charge of race relations before the change is still in charge. There are also rules about family violence. If someone experienced family violence before a certain date, they are still protected. You can read more about this in section 62A. Some other rules are about the Human Rights Review Tribunal. The people in charge of the Tribunal can still do their jobs even if some rules change. They have to work together to make some decisions. You can read more about this in sections 81 and 83 of the Tribunals Powers and Procedures Legislation Act 2018. Finally, there are rules about how much money the people in charge of the Tribunal get paid. They will keep getting the same amount of money until someone decides on a new amount. You can read more about this in section 118A(1)(a).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6874761.

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153: Savings, or

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"Rules about how the Human Rights Commission is run"

1AATransitional, savings, and related provisions Empowered by s 2A

1Provision relating to Human Rights Amendment Act 2016

1Human Rights Amendment Act 2016: transitional provisions

  1. The provisions in subclauses (2) to (5) are transitional provisions for the Human Rights Amendment Act 2016 (the Amendment Act).

  2. On the commencement of the Amendment Act (commencement),—

  3. the Commissioner who immediately before commencement was the Equal Employment Opportunities Commissioner is the Commissioner appointed, as required by section 8(1A)(b) of this Act, to lead the work of the Commission in the priority area of equal employment opportunities (including pay equity); and
    1. the Commissioner who immediately before commencement was the Race Relations Commissioner is the Commissioner appointed, as required by section 8(1A)(c) of this Act, to lead the work of the Commission in the priority area of race relations.

      1. The requirement in section 8(1)(b) of this Act that there must not be more than 4 other Commissioners does not affect the appointment of Commissioners holding office on the commencement of the Amendment Act and any such Commissioner continues to hold office until the end of his or her term or until he or she ceases to hold office under section 45 of the Crown Entities Act 2004.

      2. The requirement in section 8(1)(b) of this Act that there must not be more than 4 other Commissioners—

      3. does not apply to the exercise of the power to appoint the first person to lead the work of the Commission in the priority area of disability rights; but
        1. does apply to any reappointment of the first person appointed, or any extension of his or her appointment.

          1. A reference in any instrument, document, or notice to the Equal Employment Opportunities Commissioner or the Race Relations Commissioner must be read as a reference, respectively, to the person leading the work of the Commission in the priority area of equal employment opportunities (including pay equity) or the person leading the work of the Commission in the priority area of race relations, as the case may be.

          1AProvisions relating to Part 3 of Domestic Violence—Victims' Protection Act 2018

          1AInterpretation

          1. In this Part, 2018 Part means Part 3 of the Domestic Violence—Victims' Protection Act 2018.

          Notes
          • Schedule 1AA clause 1A: inserted, on , by section 40(3) of the Domestic Violence—Victims' Protection Act 2018 (2018 No 21).

          Provisions relating to adverse treatment in employment of people affected by family violence

          1BApplication to pre-commencement family violence

          1. Section 62A applies even if all or any of the family violence occurred before the commencement of the 2018 Part.

          Notes
          • Schedule 1AA clause 1B: inserted, on , by section 40(3) of the Domestic Violence—Victims' Protection Act 2018 (2018 No 21).
          • Schedule 1AA clause 1B heading: amended, on , by section 259(1) of the Family Violence Act 2018 (2018 No 46).
          • Schedule 1AA clause 1B: amended, on , by section 259(1) of the Family Violence Act 2018 (2018 No 46).

          2Provision relating to Tribunals Powers and Procedures Legislation Act 2018

          2Chairpersons of Human Rights Review Tribunal

          1. A person who holds the office of Chairperson immediately before the commencement date continues in office for the balance of his or her term, despite sections 81 and 83 of the Tribunals Powers and Procedures Legislation Act 2018, even if the consequence is that the Tribunal continues to have 2 Chairpersons until (at the latest) 31 December 2019.

          2. Each of those Chairpersons may, in consultation with the other Chairperson, exercise the powers of the Chairperson of the Tribunal under the Human Rights Act 1993, as amended by subpart 7 of Part 1 of the Tribunals Powers and Procedures Legislation Act 2018.

          3. While 2 Chairpersons are appointed, they must act together in issuing practice notes under section 121A.

          4. For the purpose of this clause, commencement date means the date on which section 83 of the Tribunals Powers and Procedures Legislation Act 2018 comes into force.

          3Provision relating to Remuneration Authority Legislation Act 2022

          3Remuneration of Chairperson and Deputy Chairpersons of Human Rights Review Tribunal

          1. A person who immediately before the commencement date held office as the Chairperson or a Deputy Chairperson of the Human Rights Review Tribunal continues to be paid the same amount of remuneration that applied to that office immediately before that date, until new remuneration and allowances are determined by the Remuneration Authority under section 118A(1)(a).

          2. In this clause,—

            Chairperson includes a temporary acting Chairperson appointed under section 102

              commencement date means the date on which the Remuneration Authority Legislation Act 2022 comes into force.

              Notes
              • Schedule 1AA clause 3: inserted, on , by section 19 of the Remuneration Authority Legislation Act 2022 (2022 No 74).