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Since 2000, the Disability Rights Education and Defense Fund has collected country-based laws that protect the rights of individuals with disabilities. DREDF is providing this collection of laws and summaries in order to foster sharing of information and encourage the international dialogue on disability anti-discrimination. We have made every effort to collect up-to-date and accurate information based on existing written and Internet sources, but we make no guarantee, undertaking or warranty regarding the accuracy, completeness or currency of the materials published herein. In all cases, users are referred to official legislative and parliamentary publications for the original legal texts and language. Go to the complete collection.

 


 

 


An Act to consolidate and amend the Race Relations Act 19711 and the Human Rights Commission Act 1977 and to provide better protection of human rights in New Zealand in general accordance with the United Nations Covenants or Conventions on Human Rights.

[Editor's Note: Excerpts of the Act published below contain provisions prohibiting discrimination on numerous grounds including sex, marital status, religious belief, race and disability. Discrimination on such grounds is specifically prohibited in respect of employment, membership of industrial and professional associations, training, access to facilities and other related matters.]

 


TABLE OF CONTENTS

Short title and commencement

Interpretation

Act to bind the Crown

PART I. HUMAN RIGHTS COMMISSION

Continuation of Human Rights Commission

Functions and powers of Commission

Membership of Commission

Functions of Commissioners

PART II. UNLAWFUL DISCRIMINATION

Prohibited grounds of discrimination

Discrimination in employment matters

Discrimination in partnerships

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

Discrimination in provision of land, housing, and other accommodation

Discrimination in access to educational establishments

Other forms of discrimination

Special provisions relating to superannuation schemes

Power to vary trust deeds

Other matters

PART III. COMPLAINTS ABOUT UNLAWFUL DISCRIMINATION

PART IV. COMPLAINTS REVIEW TRIBUNAL Complaints Review Tribunal

PART V. POWERS IN RELATION TO INVESTIGATIONS

PART VI. INCITING RACIAL DISHARMONY

PART VII. MISCELLANEOUS PROVISIONS

Savings

Special provisions in relation to written employment contracts in force on 1 April 1992

 


Section 1. Short title and commencement. (1) This Act may be cited as the Human Rights Act 1993.

(2) This Act shall come into force on 1 February 1994.

Section 2. Interpretation. In this Act, unless the context otherwise requires:

"Commission" means the Human Rights Commission that is continued by section 4 of this Act;

"Commissioner" means a member of the Commission;

"Complaints Division" means the Complaints Division referred to in section 12(1) of this Act;

"Complaints Review Tribunal" or "Tribunal" means the Complaints Review Tribunal that is continued by section 93 of this Act;

"Dispose", in sections 53 and 54 of this Act, includes sell, assign, lease, let, sublease, sublet, license, or mortgage, and agrees to dispose;

"Employer", in Part II of this Act, includes:

and "employment", in Part II of this Act, has a corresponding meaning;

"Employment contract" has the meaning given to that term by section 2 of the Employment Contracts Act 1991;

"Minister" means the Minister of Justice;

"Proceedings Commissioner" means the Proceedings Commissioner appointed under section 7(1)(d) of this Act;

"Prohibited ground of discrimination" has the meaning given to it by section 21 of this Act;

"Race Relations Conciliator" or "Conciliator" means the Commissioner appointed to be the Race Relations Conciliator under section 7(1)(b) of this Act;

"Relative", in relation to any person, means any other person who:

"Residential accommodation", in sections 53 and 54 of this Act, includes accommodation in a dwellinghouse, flat, hotel, motel, boarding-house, or camping ground;

"Superannuation scheme" means any superannuation scheme, fund, or plan, or any provident fund, set up to confer, on its members or other persons, retirement or other benefits, such as accident, disability, sickness, or death benefits.

"Trustees", in relation to a superannuation scheme, includes the person or persons appointed to administer a superannuation scheme constituted under an Act of Parliament of New Zealand.

Section 3. Act to bind the Crown. This Act shall bind the Crown.

 


PART I. HUMAN RIGHTS COMMISSION

Section 4. Continuation of Human Rights Commission. (1) There shall continue to be a Human Rights Commission, which shall be the same body as the Human Rights Commission established under section 4 of the Human Rights Commission Act 1977.

(2) The Commission shall be a body corporate with perpetual succession and a common seal, and shall be capable of acquiring, holding, and disposing of real and personal property, and of suing and being sued.

(3) Without limiting any other provision of this Act, the Commission shall have the rights, powers, and privileges of a natural person.

Functions and powers of Commission

Section 5. Functions and powers of Commission. (1) The functions of the Commission shall be:

(2) The Commission may from time to time, in the public interest or in the interests of any person or department or organisation, publish reports relating generally to the exercise of its functions under this Act or to any particular case or cases investigated under this Act, whether or not the matters to be dealt with in any such report have been the subject of a report to the Minister or the Prime Minister.

Section 6. [Powers relating to declaratory judgements.]

Membership of Commission

Section 7. Membership of Commission. (1) The Commission shall consist of the following Human Rights Commissioners:

(2) The Human Rights Commissioners appointed under paragraph (a) or paragraph (b) or paragraph (d) or paragraph (e) of subsection (1) of this section shall be appointed by the Governor General on the recommendation of the Minister.

Sections 89. [Alternate Commissioners; criteria for appointment.]

Functions of Commissioners

Section 10. Functions of Chief Commissioner. (1) The functions of the Chief Commissioner shall be:

(2) The Chief Commissioner shall also have such other functions, powers, or duties as are conferred or imposed on him or her by or under this Act or any other enactment.

Section 11. Functions of Race Relations Conciliator. The functions of the Race Relations Conciliator shall be:

(a) in matters of race relations, to exercise the functions and powers and perform the duties conferred by sections 5 and 6 of this Act unless in a particular case the Chief Commissioner and the Race Relations Conciliator agree that the Commission should exercise those functions or powers or perform those duties itself;

(b) to be a member of the Complaints Division in respect of complaints of, or investigations into:

  • (i) discrimination on the grounds of race, colour, or ethnic or national origins;
  • (ii) discrimination on any other ground described in section 21(1) of this Act in respect of which the Race Relations Conciliator and the Chief Commissioner have agreed that the Conciliator shall be a member of the Complaints Division;

(c) to be responsible for matters of administration in relation to the functions of the Race Relations Conciliator.

Sections 1220. [Complaints Division.]

 


PART II. UNLAWFUL DISCRIMINATION

Section 21. Prohibited grounds of discrimination. (1) For the purposes of this Act, the prohibited grounds of discrimination are:

(2) Each of the grounds specified in subsection (1) of this section is a prohibited ground of discrimination, for the purposes of this Act, if:

Discrimination in employment matters

Section 22. Employment. (1) Where an applicant for employment or an employee is qualified for work of any description, it shall be unlawful for an employer, or any person acting or purporting to act on behalf of an employer:

by reason of any of the prohibited grounds of discrimination.

(2) It shall be unlawful for any person concerned with procuring employment for other persons or procuring employees for any employer to treat any person seeking employment differently from other persons in the same or substantially similar circumstances by reason of any of the prohibited grounds of discrimination.

Section 23. Particulars of applicants for employment. It shall be unlawful for any person to use or circulate any form of application for employment or to make any inquiry of or about any applicant for employment which indicates, or could reasonably be understood as indicating, an intention to commit a breach of section 22 of this Act.

Exceptions in relation to employment matters

Section 24. Exception in relation to crews of ships and aircraft. Nothing in section 22 of this Act shall apply to the employment or an application for employment of a person on a ship or aircraft, not being a New Zealand ship or aircraft, if the person employed or seeking employment was engaged or applied for it outside New Zealand.

Section 25. Exception in relation to work involving national security. (1) Nothing in section 22 of this Act shall apply to any restrictions on the employment of any person on work involving the national security of New Zealand:

(2) It shall not be a breach of section 22 of this Act to decline to employ a person under the age of 20 years on work involving the national security of New Zealand where that work requires a secret or top secret security clearance.

Section 26. Exceptions in relation to work performed outside New Zealand. Nothing in section 22 of this Act shall prevent different treatment based on sex, religious or ethical belief, or age if the duties of the position in respect of which that treatment is accorded:

Section 27. Exceptions in relation to authenticity and privacy. (1) Nothing in section 22 of this Act shall prevent different treatment based on sex or age where, for reasons of authenticity, being of a particular sex or age is a genuine occupational qualification for the position or employment.

(2) Nothing in section 22 of this Act shall prevent different treatment based on sex, religious or ethical belief, disability, age, political opinion, or sexual orientation where the position is one of domestic employment in a private household.

(3) Nothing in section 22 of this Act shall prevent different treatment based on sex where:

(4) Nothing in section 22 of this Act shall prevent different treatment based on sex, race, ethnic or national origins, or sexual orientation where the position is that of a counsellor on highly personal matters such as sexual matters or the prevention of violence.

(5) Where, as a term or condition of employment, a position ordinarily obliges or qualifies the holder of that position to live in premises provided by the employer, the employer does not commit a breach of section 22 of this Act by omitting to apply that term or condition in respect of employees of a particular sex or marital status if in all the circumstances it is not reasonably practicable for the employer to do so.

Section 28. Exceptions for purposes of religion. (1) Nothing in section 22 of this Act shall prevent different treatment based on sex where the position is for the purposes of an organized religion and is limited to one sex so as to comply with the doctrines or rules or established customs of the religion.

(2) Nothing in section 22 of this Act shall prevent different treatment based on religious or ethical belief where:

(3) Where a religious or ethical belief requires its adherents to follow a particular practice, an employer must accommodate the practice so long as any adjustment of the employer's activities required to accommodate the practice does not unreasonably disrupt the employer's activities.

Section 29. Further exceptions in relation to disability. (1) Nothing in section 22 of this Act shall prevent different treatment based on disability where:

(2) Nothing in subsection (1)(b) of this section shall apply if the employer could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.

(3) Nothing in section 22 of this Act shall apply to terms of employment or conditions of work that are set or varied after taking into account:

Section 30. Further exceptions in relation to age. (1) Nothing in section 22(1)(a) or section 22(1)(d) of this Act shall apply in relation to any position or employment where being of a particular age or in a particular age group is a genuine occupational qualification for that position or employment, whether for reasons of safety or for any other reason.

(2) Nothing in section 22(1)(b) of this Act shall prevent payment of a person at a lower rate than another person employed in the same or substantially similar circumstances where the lower rate is paid on the basis that the first mentioned person has not attained a particular age, not exceeding 20 years of age.

(3) Nothing in section 22(1)(a) of this Act shall prevent preferential treatment based on age accorded to persons who are to be paid in accordance with subsection (2) of this section.

Section 31. Exception in relation to employment of a political nature. Nothing in section 22 of this Act shall prevent different treatment based on political opinion where the position is one as:

Section 32. Exception in relation to family status. Nothing in section 22 of this Act shall prevent restrictions imposed by an employer:

Section 33. Armed Forces. Nothing in section 22 of this Act shall prevent preferential treatment based on sex being given within the armed forces to any member of those forces who has the duty of serving in an active combat role in those forces.

Section 34. Regular Forces and Police. (1) Nothing in section 22(1)(c) or section 22(1)(d) of this Act shall prevent the Chief of Defence Force from instituting, under section 57A of the Defence Act 1990, the discharge or release of a member of the regular forces.

(2) Nothing in section 22(1)(c) or section 22(1)(d) of this Act shall prevent the Commissioner of Police from instituting under section 5A of the Police Act 1958, the removal of a member of the Police.

Section 35. General qualification on exceptions. No employer shall be entitled, by virtue of any of the exceptions in this Part of this Act, to accord to any person in respect of any position different treatment based on a prohibited ground of discrimination even though some of the duties of that position would fall within any of those exceptions if, with some adjustment of the activities of the employer (not being an adjustment involving unreasonable disruption of the activities of the employer), some other employee could carry out those particular duties.

Discrimination in partnerships

Section 36. Partnerships. (1) It shall be unlawful for a firm, or for persons jointly promoting the formation of a firm:

by reason of any of the prohibited grounds of discrimination.

(2) It shall be unlawful for a firm:

by reason of any of the prohibited grounds of discrimination.

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

Section 37. Organisations of employees or employers and professional and trade associations. (1) It shall be unlawful for an organisation to which this section applies, or for any person acting or purporting to act on behalf of any such organisation:

by reason of any of the prohibited grounds of discrimination.

(2) Nothing in this section shall prevent an organisation to which this section applies from charging different fees to persons in different age groups.

(3) This section applies to an organisation of employees, an organisation of employers, or any other organisation that exists for the purposes of members who carry on a particular profession, trade, or calling.

Section 38. Qualifying bodies. (1) It shall be unlawful for an authority or body empowered to confer an approval, authorisation, or qualification that is needed for, or facilitates, engagement in a profession, trade, or calling, or any person acting or purporting to act on behalf of any such authority or body:

by reason of any of the prohibited grounds of discrimination.

(2) For the purposes of this section "confer" includes renew or extend.

Section 39. Exceptions in relation to qualifying bodies. (1) Nothing in section 38 of this Act shall apply where the authorisation or qualification is needed for, or facilitates engagement in, a profession or calling for the purposes of an organised religion and is limited to one sex or to persons of that religious belief so as to comply with the doctrines or rules or established customs of that religion.

(2) Nothing in section 38 of this Act shall prevent different treatment based on disability where:

(3) Nothing in section 38 of this Act shall apply where:

Section 40. Vocational training bodies. It shall be unlawful for any organisation or association which has as its function or one of its principal functions the provision of training, or facilities or opportunities for training (including facilities or opportunities by way of financial grants), that would help to fit a person for any employment, or for any person acting or purporting to act on behalf of any such organisation or association:

by reason of any of the prohibited grounds of discrimination.

Section 41. Exceptions in relation to vocational training bodies. (1) Nothing in section 40 of this Act shall prevent an organisation or association from affording persons preferential access to facilities for training that would help to fit them for employment where it appears to that organisation or association that those persons are in special need of training by reason of the period for which they have not been engaged in regular fulltime employment.

(2) Subject to subsection (3) of this section, nothing in section 40 of this Act shall apply where a person's disability is such that there would be a risk of harm to that person or to others, including the risk of infecting others with an illness, if that person were to be provided with training, or facilities or opportunities for training, and it is not reasonable to take that risk.

(3) Nothing in subsection (2) of this section shall apply if the organisation or association providing training, or facilities or opportunities for training, could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.

(4) Nothing in section 40 of this Act shall prevent an organisation or association from providing training, or facilities or opportunities for training (including, facilities or opportunities by way of financial grants), only for persons above a particular age or in a particular age group.

(5) Nothing in section 40 of this Act shall prevent the making of financial grants by an organisation or association only to persons above a particular age or in a particular age group.

(6) Nothing in section 40 of this Act shall prevent an organisation or association from charging different fees to persons in different age groups.

Discrimination in access to places, vehicles and facilities

Section 42. Access by the public to places, vehicles and facilities. (1) It shall be unlawful for any person:

by reason of any of the prohibited grounds of discrimination.

(2) In this section the term "vehicle" includes, a vessel, an aircraft, or a hovercraft.

Section 43. Exceptions in relation to access by the public to places, vehicles, and facilities. (1) Section 42 of this Act shall not prevent the maintenance of separate facilities for each sex on the ground of public decency or public safety.

(2) Nothing in section 42 of this Act requires any person to provide for any person, by reason of the disability of that person, special services or special facilities to enable any such person to gain access to or use any place or vehicle when it would not be reasonable to require the provision of such special services or facilities.

(3) Nothing in subsection (2) of this section limits the provisions of section 25 of the Disabled Persons Community Welfare Act 1975.

(4) Subject to subsection (5) of this section, nothing in section 42 of this Act shall apply where the disability of a person is such that there would be a risk of harm to that person or to others, including the risk of infecting others with an illness, if that person were to have access to or use of any place or vehicle and it is not reasonable to take that risk.

(5) Subsection (4) of this section shall not apply if the person in charge of the place, vehicle, or facility could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.

Sections 44-52. [Discrimination in provision of goods and services.]

Discrimination in provision of land, housing and other accommodation

Section 53. Land, housing and other accommodation. (1) It shall be unlawful for any person, on his or her own behalf or on behalf or purported behalf of any principal:

by reason of any of the prohibited grounds of discrimination.

(2) It shall be unlawful for any person, on his or her own behalf or on behalf or purported behalf of any principal, to impose or seek to impose on any other person any term or condition which limits, by reference to any of the prohibited grounds of discrimination, the persons or class of persons who may be the licensees or invitees of the occupier of any land or any residential or business accommodation.

Section 54. Exception in relation to shared residential accommodation. Nothing in section 53 of this Act shall apply to residential accommodation which is to be shared with the person disposing of the accommodation, or on whose behalf it is disposed of.

Section 55. Exception in relation to hostels, institutions, etc. Nothing in section 53 of this Act shall apply to accommodation in any hostel or in any establishment (such as a hospital, club, school, university, religious institution, or retirement village), or in any part of a hostel or any such establishment, where accommodation is provided only for persons of the same sex, marital status, or religious or ethical belief, or for persons with a particular disability, or for persons in a particular age group.

Section 56. Further exception in relation to disability. (1) Subject to subsection (2) of this section, nothing in section 53 of this Act shall apply, in relation to any accommodation, if the disability of the person is such that there would be a risk of harm to that person or others, including the risk of infecting others with an illness, if that person were to live in that accommodation and it is not reasonable to take that risk.

(2) Subsection (1) of this section shall not apply if the person in charge of the accommodation could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.

Discrimination in access to educational establishments

Section 57. Educational establishments. (1) It shall be unlawful for an educational establishment, or the authority responsible for the control of an educational establishment, or any person concerned in the management of an educational establishment or in teaching at an educational establishment:

by reason of any of the prohibited grounds of discrimination.

(2) In this section "educational establishment" includes an establishment offering any form of training or instruction and an educational establishment under the control of an organisation or association referred to in section 40 of this Act.

Section 58. Exceptions in relation to establishments for particular groups. (1) An educational establishment maintained wholly or principally for students of one sex, race, or religious belief, or for students with a particular disability, or for students in a particular age group, or the authority responsible for the control of any such establishment, does not commit a breach of section 57 of this Act by refusing to admit students of a different sex, race, or religious belief, or students not having that disability or not being in that age group.

(2) Nothing in section 57 of this Act shall prevent an organisation or association from affording persons preferential access to facilities for training that would help to fit them for employment where it appears to that organisation or association that those persons are in special need of training by reason of the period for which they have not been engaged in regular fulltime employment.

(3) Nothing in section 57 of this Act shall prevent an organisation or association from providing training, or facilities or opportunities for training (including facilities or opportunities by way of financial grants), only for persons above a particular age or in a particular age group.

(4) Nothing in section 57 of this Act shall prevent the making of financial grants by an organisation or association only to persons above a particular age or in a particular age group.

(5) Nothing in section 57 of this Act shall prevent an organisation or association from charging different fees to persons in different age groups.

Section 59. Exception in relation to courses and counselling. Nothing in section 57 of this Act shall prevent the holding or provision, at any educational establishment, of courses or counselling restricted to persons of a particular sex, race, ethnic, or national origin, or sexual orientation, where highly personal matters, such as sexual matters or the prevention of violence, are involved.

Section 60. Further exceptions in relation to disability. (1) Nothing in section 57 of this Act makes it unlawful to refuse admission to an educational establishment to a person whose disability is such that that person requires special services or facilities that in the circumstances cannot reasonably be made available (being services or facilities that are required to enable the person to participate in the educational programme of that establishment or to enable the person to derive substantial benefits from that programme).

(2) Subject to subsection (3) of this section, nothing in section 57 of this Act shall apply where the person's disability is such that there would be a risk of harm to that person or to others, including the risk of infecting others with an illness, if that person were to be admitted to an educational establishment and it is not reasonable to take that risk.

(3) Nothing in subsection (2) of this section shall apply if the person in charge of the educational establishment could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.

Other forms of discrimination

Section 61. Racial disharmony. (1) It shall be unlawful for any person:

being matter or words likely to excite hostility against or bring into contempt any group of persons in or who may be coming to New Zealand on the ground of the colour, race, or ethnic or national origins of that group of persons.

(2) It shall not be a breach of subsection (1) of this section to publish in a newspaper, magazine, or periodical or broadcast by means of radio or television a report relating to the publication or distribution of matter by any person or the broadcast or use of words by any person, if the report of the matter or words accurately conveys the intention of the person who published or distributed the matter or broadcast or used the words.

(3) For the purposes of this section:

Section 62. Sexual harassment. (1) It shall be unlawful for any person (in the course of that person's involvement in any of the areas to which this subsection is applied by subsection (3) of this section) to make a request of any other person for sexual intercourse, sexual contact, or other form of sexual activity which contains an implied or overt promise of preferential treatment or an implied or overt threat of detrimental treatment.

(2) It shall be unlawful for any person (in the course of that person's involvement in any of the areas to which this subsection is applied by subsection (3) of this section) by the use of language (whether written or spoken) of a sexual nature, or of visual material of a sexual nature, or by physical behaviour of a sexual nature, to subject any other person to behaviour that:

(3) The areas to which subsections (1) and (2) of this section apply are:

(4) Where a person complains of sexual harassment, no account shall be taken of any evidence of the person's sexual experience or reputation.

Section 63. Racial harassment. (1) It shall be unlawful for any person to use language (whether written or spoken), or visual material, or physical behaviour that:

(2) The areas to which subsection (1) of this section applies are:

Section 64. Choice of procedures. Where the circumstances giving rise to a complaint of sexual harassment or racial harassment under this Act are such that an employee would also be entitled to bring personal grievance proceedings under the Employment Contracts Act 1991, the employee may take one but not both of the following steps:

Section 65. Indirect discrimination. Where any conduct, practice, requirement, or condition that is not apparently in contravention of any provision of this Part of this Act has the effect of treating a person or group of persons differently on one of the prohibited grounds of discrimination in a situation where such treatment would be unlawful under any provision of this Part of this Act other than this section, that conduct, practice, condition, or requirement shall be unlawful under that provision unless the person whose conduct or practice is in issue, or who imposes the condition or requirement, establishes good reason for it.

Section 66. Victimisation. (1) It shall be unlawful for any person to treat or to threaten to treat any other person less favourably than he or she would treat other persons in the same or substantially similar circumstances:

(2) Subsection (1) of this section shall not apply where a person is treated less favourably because he or she has knowingly made a false allegation or otherwise acted in bad faith.

Section 67. Advertisements. (1) It shall be unlawful for any person to publish or display, or to cause or allow to be published or displayed, any advertisement or notice which indicates, or could reasonably be understood as indicating, an intention to commit a breach of any of the provisions of this Part of this Act.

(2) For the purposes of subsection (1) of this section, use of a job description with a gender connotation (such as "postman" or "stewardess") shall be taken to indicate an intention to discriminate, unless the advertisement contains an indication to the contrary.

Section 68. Liability of employer and principals. (1) Subject to subsection (3) of this section, anything done or omitted by a person as the employee of another person shall, for the purposes of this Part of this Act, be treated as done or omitted by that other person as well as by the firstmentioned person, whether or not it was done with that other person's knowledge or approval.

(2) Anything done or omitted by a person as the agent of another person shall, for the purposes of this Part of this Act, be treated as done or omitted by that other person as well as by the first mentioned person, unless it is done or omitted without that other person's express or implied authority, precedent or subsequent.

(3) In proceedings under this Act against any person in respect of an act alleged to have been done by an employee of that person, it shall be a defence for that person to prove that he or she took such steps as were reasonably practicable to prevent the employee from doing that act, or from doing as an employee of that person acts of that description.

Section 69. Further provision in relation to sexual or racial harassment in employment. (1) Where:

by a person who is a customer or a client of the employee's employer, the employee may make a complaint in writing about that request or behaviour to the employee's employer.

(2) the employer, on receiving a complaint under subsection (1) of this section:

shall take whatever steps are practicable to prevent any repetition of such a request or of such behaviour.

(3) Where any person, being a person in relation to whom an employee has made a complaint under subsection (1) of this section:

that employer shall be deemed to have committed a breach of this Act and the provisions of this Act shall apply accordingly.

Special provisions relating to superannuation schemes

Section 70. Superannuation schemes. (1) Subject to subsection (3) of this section, nothing in section 22 or section 44 of this Act relating to different treatment on the ground of age or disability shall apply to any condition in, or requirement of, a superannuation scheme in existence at the commencement of this Act in relation to a person who was a member of the scheme at the commencement of this Act or who becomes a member of the scheme before 1 January 1995.

(2) It shall continue to be lawful for the provisions of a superannuation scheme to provide:

(3) It shall continue to be unlawful to require an applicant for membership of a superannuation scheme to have attained a minimum age.

(4) Nothing in section 22 or section 44 of this Act shall prevent the provisions of a superannuation scheme from:

by reason of the disability or age of those members, if the different treatment:

(5) Nothing in section 22 or section 44 of this Act shall prevent the provisions of a superannuation scheme, or the trustees of the scheme, from:

(6) In assessing for the purposes of this section whether it is reasonable to rely on any data or advice or opinion and whether different treatment is reasonable, the Commission or the Complaints Division may:

Section 71. Reports on superannuation schemes. The Commission shall from time to time, after consultation with the Government Actuary, report to the Minister on whether discrimination on the prohibited grounds has been eliminated from superannuation schemes.

Section 72. Power to vary trust deeds. Notwithstanding any Act or rule of law or the provisions of the instrument or conditions governing any superannuation scheme, the trustees of the scheme may make such amendments to that instrument or those conditions as are necessary or desirable to give effect to the provisions of sections 22, 44, and 70 of this Act.

Other matters

Section 73. Measures to ensure equality. (1) Anything done or omitted which would otherwise constitute a breach of any of the provisions of this Part of this Act shall not constitute such a breach if:

(2) Nothing in this part of this Act:

Section 74. Measures relating to pregnancy, childbirth, or family responsibilities. For the avoidance of doubt it is hereby declared that preferential treatment granted by reason of:

shall not constitute a breach of this part of this Act.

 


PART III. [COMPLAINTS ABOUT UNLAWFUL DISCRIMINATION.]

Sections 7592.

PART IV. [COMPLAINTS REVIEW TRIBUNAL.]

Sections 93126.

PART V. [POWERS IN RELATION TO INVESTIGATIONS.]

Sections 127130.

PART VI. [INCITING RACIAL DISHARMONY.]

Sections 131132.

 


PART VII. MISCELLANEOUS PROVISIONS

Sections 133-148. [Miscellaneous and transitional provisions.]

Savings

Section 149. Special provisions in relation to written employment contracts in force on 1 April 1992. (1) This section applies to every employment contract (whether a collective employment contract or an individual employment contract) that:

(2) Where the parties to an employment contract to which this section applies agree in writing, at any time on or after 1 April 1992, to confirm or vary the age specified in the employment contract, the age, as so confirmed or varied, shall have effect notwithstanding section 22 of this Act.

(3) Where the parties to an employment contract to which this section applies have not agreed in writing to confirm or vary the age specified in the employment contract, section 22 of this Act shall apply in relation to that employment contract.

(4) Where, as at 1 April 1992, the age at which an employer is required to retire, under a term of that employee's employment contract, was specified only in a document that sets out the employer's policy on the retirement ages of the employer's employees or any of them, this section shall not apply in relation to that employee's employment contract.

Sections 150153. [Charitable instruments; Acts and enactments not affected; expiry of section 151; other savings.]

[Schedules 1, 2 and 3. Provisions applying in respect of Commission and Conciliation, amendments and repeals.]