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Integrity Sport and Recreation Act 2023

Powers, investigations, and disciplinary panels - Integrity investigations - Powers relating to investigation under section 31 or 32

40: No victimisation in relation to making complaint or providing information to Commission

You could also call this:

"You can't be treated unfairly for complaining or giving information to the Commission"

Illustration for Integrity Sport and Recreation Act 2023

If you make a complaint or give information to the Commission, you must not be treated unfairly. You should be treated the same as others in the same situation. If someone treats you badly because you made a complaint or gave information, that is not allowed.

If you encourage someone else to make a complaint or give information, you must not be treated unfairly either. You are also protected if you give information to support someone who made a complaint. Someone who treats you unfairly because of this can get in trouble.

But if you make a false complaint on purpose or act in bad faith, these rules do not apply to you. If someone treats you unfairly and there is no other way to deal with it, the breach can be dealt with under section 66(3) of the Human Rights Act 1993. This means that treating you unfairly in this situation is against the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS806261.

Topics:
Rights and equality > Anti-discrimination
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39: No retaliation against participant who makes complaint or provides information to Commission, or

"You're protected from being treated unfairly if you complain or tell the Commission something."

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Part 4Powers, investigations, and disciplinary panels
Integrity investigations: Powers relating to investigation under section 31 or 32

40No victimisation in relation to making complaint or providing information to Commission

  1. A person (A) must not treat, or threaten to treat, another person (B) less favourably than A would treat other persons in the same or substantially similar circumstances because—

  2. B (or a relative or an associate of B)—
    1. makes or intends to make a complaint to the Commission; or
      1. provides or intends to provide information to the Commission for the purposes of an investigation; or
        1. has encouraged another person to take an action described in subparagraph (i) or (ii); or
          1. has given information in support of, or relating to, an action described in subparagraph (i) or (ii); or
          2. A believes or suspects that B (or a relative or an associate of B) intends to do, or has done, anything described in paragraph (a).

            1. Subsection (1) does not apply if B knowingly made a false allegation or otherwise acted in bad faith.

            2. Subsection (4) applies if a breach of subsection (1) occurs where there is no applicable integrity code to which person A is bound under which the breach can be dealt with and sanctioned.

            3. A breach of subsection (1) is unlawful under section 66(3) of the Human Rights Act 1993.