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Acts
Human Rights Act 1993
Human Rights Review Tribunal
Constitution of Tribunal
101C: References to Chairpersons include deputies and delegates and temporary acting Chairperson

1Short Title and commencement 2Interpretation 2ATransitional, savings, and related provisions 3Act to bind the Crown

Part 1:
Human Rights Commission

4Continuation of Human Rights Commission

Administrative provisions relating to Human Rights Commission and Office of Human Rights Proceedings

20HAdministrative provisions set out in Schedules 1 and 2

Part 1A:
Discrimination by Government, related persons and bodies, or persons or bodies acting with legal authority

20IPurpose of this Part 20JActs or omissions in relation to which this Part applies 20KPurposes for which section 20L applies 20LActs or omissions in breach of this Part

Part 2:
Unlawful discrimination

Application of Part to persons and bodies referred to in section 3 of New Zealand Bill of Rights Act 1990

21AApplication of this Part limited if section 3 of New Zealand Bill of Rights Act 1990 applies

Acts or omissions authorised or required by law

21BRelationship between this Part and other law

Prohibited grounds of discrimination

21Prohibited grounds of discrimination

Discrimination in employment matters

22Employment 23Particulars of applicants for employment

Exceptions in relation to employment matters

24Exception in relation to crews of ships and aircraft 25Exception in relation to work involving national security 26Exception in relation to work performed outside New Zealand 27Exceptions in relation to authenticity and privacy 28Exceptions for purposes of religion 29Further exceptions in relation to disability 30Further exceptions in relation to age 30AException in relation to employment-related retirement benefits 31Exception in relation to employment of a political nature 32Exception in relation to family status 33Armed forces 34Regular forces 35General qualification on exceptions

Discrimination in partnerships

36Partnerships

Discrimination by industrial and professional associations, qualifying bodies, and vocational training bodies

37Organisations of employees or employers and professional and trade associations 38Qualifying bodies 39Exceptions in relation to qualifying bodies 40Vocational training bodies 41Exceptions in relation to vocational training bodies

Discrimination in access to places, vehicles, and facilities

42Access by the public to places, vehicles, and facilities 43Exceptions in relation to access by the public to places, vehicles, and facilities

Discrimination in provision of goods and services

44Provision of goods and services 45Exception in relation to courses and counselling 46Exception in relation to public decency or safety 47Exception in relation to skill 48Exception in relation to insurance 49Exception in relation to sport 50Exception in relation to travel services 51Exception in relation to reduced charges 52Exception in relation to disability

Discrimination in provision of land, housing, and other accommodation

53Land, housing, and other accommodation 54Exception in relation to shared residential accommodation 55Exception in relation to hostels, institutions, etc 56Further exception in relation to disability

Discrimination in access to educational establishments

57Educational establishments 58Exceptions in relation to establishments for particular groups 59Exception in relation to courses and counselling 60Further exceptions in relation to disability

Other forms of discrimination

61Racial disharmony 62Sexual harassment 62AAdverse treatment in employment of people affected by family violence 63Racial harassment 63AConversion practices 64Choice of procedures 65Indirect discrimination 66Victimisation of whistleblower or person making use of rights prohibited 67Advertisements 68Liability of employer and principals 69Further provision in relation to sexual or racial harassment in employment

Special provisions relating to superannuation schemes

70Superannuation schemes 71Reports on superannuation schemes 72Power to vary trust deeds

Other matters

73Measures to ensure equality 74Measures relating to pregnancy, childbirth, or family responsibilities

Part 3:
Resolution of disputes about compliance with Part 1A and Part 2

75Object of this Part 76Functions of Commission under this Part 77Dispute resolution services 78Method of providing services 79How complaints received to be treated 79AChoice of procedures 80Taking action or further action in relation to complaint 81Commission to inform parties of process 82Information gathering and disclosure by Commission 83Settlement 84Reference of complaint to Director or from Director or Tribunal 85Confidentiality of information disclosed at dispute resolution meeting 86Evidence as to dispute resolution meeting 87Certain information not to be made available 88Limits on effect of section 80(1) or sections 85 to 87 89Enforcement of terms of settlement agreed by parties 90Functions of Director of Human Rights Proceedings under this Part 91Requirements for Director's decisions under section 90 92Matters Director to have regard to in deciding whether to provide representation in proceedings before Tribunal or in related proceedings 92ADirector to notify and report on decisions on representation

Proceedings

92BCivil proceedings arising from complaints 92BALodging of applications 92CRepresentation in civil proceedings arising from complaints 92DTribunal or Chairperson or Deputy Chairperson may refer complaint back to Commission, or adjourn proceedings to seek resolution by settlement 92ECivil proceedings arising from inquiry by Commission 92FProof of justified limits and exceptions 92GRight of Attorney-General to appear in civil proceedings 92HRight of Commission to appear in civil proceedings

Remedies

92IRemedies 92JRemedy for enactments in breach of Part 1A 92KEffect of declaration 92LCosts 92MDamages 92NDirections as to payment of damages in certain cases 92OTribunal may defer or modify remedies for breach of Part 1A or Part 2 or terms of settlement 92PMatters to be taken into account in exercising powers given by section 92O

Monetary limits on remedies Tribunal may grant

92QMonetary limits on remedies Tribunal may grant

Granting of remedies by High Court on reference from Tribunal

92RTribunal to refer granting of remedies to High Court 92SFurther provisions on reference to High Court 92THigh Court decides remedies on reference from Tribunal 92UHigh Court's decision on remedies to be included in, and given effect to as part of, Tribunal's determination

Abandonment or agreement to bring claim within Tribunal's jurisdiction

92VAbandonment to enable Tribunal to make award of damages 92WExtension of jurisdiction by agreement between parties

Required actions after declarations of inconsistency

92WAAttorney-General to notify Parliament of declaration of inconsistency 92WBResponsible Minister to report to Parliament Government’s response to declaration

Part 4:
Human Rights Review Tribunal

93Human Rights Review Tribunal

Functions and powers of Tribunal

94Functions of Tribunal 95Power to make interim order 96Review of interim orders 97Power in respect of exception for genuine occupational qualification or genuine justification

Constitution of Tribunal

98Membership of Tribunal 99Chairperson of Tribunal 99AADeputy Chairpersons of Tribunal 99ACriteria and requirement for appointment of Chairperson and Deputy Chairperson 100Appointment and term of office 101Panel 101AFunctions, duties, and powers of Deputy Chairpersons 101BDelegation by Chairperson of Tribunal 101CReferences to Chairpersons include deputies and delegates and temporary acting Chairperson 102Appointment of temporary acting Chairperson 103Vacation of office by Chairperson, temporary acting Chairperson, and Deputy Chairperson 103AOrderly and efficient operation 103BPowers of Chairperson to direct constitution of Tribunal

Procedure of Tribunal

104Sittings of Tribunal 105Substantial merits 106Evidence in proceedings before Tribunal 107Sittings to be held in public except in special circumstances 108Persons entitled to be heard 108ATribunal to give notice of proceedings 108BSubmissions in relation to remedies 109Witness summons 110Service of summons 111Witnesses' allowances 112Privileges and immunities 113Non-attendance or refusal to co-operate 114Application of Contempt of Court Act 2019 115Tribunal may dismiss trivial, etc, proceedings 115ATribunal may strike out, determine, or adjourn proceedings 116Reasons to be given 117Seal of Tribunal 118Members of Tribunal not personally liable 118ARemuneration of Chairperson and Deputy Chairpersons 119Fees of members of Tribunal 120Services for Tribunal 121Enforcement 121APractice notes 121BOnline publication of information about procedures, time frames, and progress of decisions 121COnline publication of final written decisions 122Stating case for High Court 122ARemoval to High Court of proceedings or issue 122BProceedings or issue removed to High Court 123Appeals to High Court 124Appeal to Court of Appeal on a question of law 125Costs of appeal 126Additional members of High Court for purposes of Act

Part 5:
Powers in relation to inquiries

126AEvidence order 127Evidence 128Protection and privileges of witnesses, etc 129Disclosure of certain matters not to be required 130Proceedings privileged

Part 6:
Inciting racial disharmony

131Inciting racial disharmony 132No prosecution without Attorney-General's consent

Part 7:
Miscellaneous provisions

133Licences and registration 134Access by the public to places, vehicles, and facilities 135No prosecution without Attorney-General's consent 136Condition in restraint of marriage, civil union, or de facto relationship 137Advisors to be officials 138No adverse statement 139Restriction on delegation 140Delegation of powers by Chief Commissioner 141Annual report 141ACertain acts not to be questioned 142Money to be appropriated by Parliament for purposes of this Act 143Offences 144Regulations 145Related amendments to other enactments 146Repeals 147Revocation

Transitional provisions

148Former office of Commissioner abolished 148ACertain former Commissioners to be transitional members of Commission

Race Relations Conciliator

148BAssets and liabilities vest in Commission 148CReferences to Race Relations Conciliator 148DProceedings 148ECommission to arrange final audited accounts 148FAll employees transferred to Commission

Proceedings Commissioner

148GProceedings Commissioner 148HReferences to Proceedings Commissioner 148IProceedings to which Proceedings Commissioner party 148JComplaints referred to Proceedings Commissioner for decision as to proceedings 148KTransfer of employees from Commission to Office

Complaints Division

148LComplaints Division abolished 148MOutstanding complaints to be dealt with by Commission under new procedure 148NBreaches of Part 1A 148OComplaints about breaches of Part 1A

Savings

149Special provisions in relation to written employment contracts in force on 1 April 1992 150Charitable instruments 151Other enactments and actions not affected 152Expiry of section 151 153Savings

Schedule 1AA:
Transitional, savings, and related provisions

Schedule 1:
Administrative provisions applying in respect of Commission

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

Schedule 3:
Enactments repealed

Summary of changes

Human Rights Act 1993

Human Rights Review Tribunal - Constitution of Tribunal

101C: References to Chairpersons include deputies and delegates and temporary acting Chairperson

You could also call this:

"What we mean by 'Chairperson' includes their helpers and temporary replacements."

When you read the Human Rights Act 1993, you will see references to the Chairperson. You should know that this includes a Deputy Chairperson appointed under section 99AA, a person who has been given the Chairperson's functions, powers, and duties under section 101B, or a temporary acting Chairperson appointed under section 102. This means that anything the Chairperson can do, these people can also do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS136587.

This page was last updated on 13 December 2025 — View changes

Topics:

Rights and equality > Anti-discriminationGovernment and voting > Government departments

101B: Delegation by Chairperson of Tribunal, or

"The Chairperson of the Tribunal can assign some tasks to other members."

102: Appointment of temporary acting Chairperson, or

"Temporary replacement for the Chairperson of the Tribunal"

Part 4Human Rights Review Tribunal
Constitution of Tribunal

101CReferences to Chairpersons include deputies and delegates and temporary acting Chairperson

Unless the context otherwise requires, a reference in this Act or regulations made under this Act to the Chairperson includes—
a Deputy Chairperson appointed under section 99AA; or
a person to whom the functions, powers, and duties of the Chairperson are delegated under section 101B; or
a temporary acting Chairperson appointed under section 102.

Notes

Section 101C: inserted, on 14 November 2018, by section 85 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).