There is hereby established a commission to be called the Human Rights Commission.

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, of suing and being sued, and of doing and suffering all such acts and things as bodies corporate may do and suffer.

The general functions of the Commission shall be—

The Commission shall have the specific functions conferred on it—

The Commission shall have such other functions, powers, and duties as are conferred or imposed on it by or under this Act or any other enactment.

The powers and functions of the Race Relations Conciliator under the Race Relations Act 1971 shall be vested in the Commission but, except where the Commission otherwise decides, shall be exercised by the Race Relations Conciliator and his Deputy and officers and employees.

The Commission shall have such other powers as may be reasonably necessary to enable it to carry out its functions.

The Commission shall have the function of reporting to the Prime Minister from time to time upon—

Where the Commission makes a report to the Prime Minister pursuant to this section it may thereafter, subject to this Act, publish the report or such parts of the report as it thinks fit.

Notwithstanding subsection (2) of this section, the Commission shall not publish any report or part of a report made by it under paragraph (c) of subsection (1) of this section.

The Commission shall consist of the following Human Rights Commissioners—

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

In recommending persons for appointment as members of the Commission, the Minister shall have regard not only to their personal attributes but also to their knowledge of or experience in the different aspects of matters likely to come before the Commission.

No person shall be deemed to be employed in the service of Her Majesty for the purposes of the State Services Act 1962 or the Government Superannuation Fund Act 1956 by reason of his appointment as a Commissioner.

The Chief Human Rights Commissioner shall be responsible for matters of administration in relation to the Commission and for the allocation of spheres of responsibility between the Commissioners (other than the Commissioner holding office under paragraph (b) of subsection (1) of this section).

The Ombudsman who is for the time being holding office as a member of the Commission under paragraph (b) of subsection (1) of this section may at any time decline to participate in, or withdraw from participation in, any particular function or activity of the Commission if he or the Chief Ombudsman considers it incompatible with the function of an Ombudsman or with the office of Ombudsman.

Except as otherwise provided by this Act, every appointed Commissioner shall hold office for such term as the Governor-General on the recommendation of the Minister shall specify in his appointment, being a term not exceeding 5 years, but may from time to time be reappointed.

Every appointed Commissioner, unless he sooner vacates or is removed from his office under section 9 of this Act, shall continue in office until his successor comes into office, notwithstanding that the term for which he was appointed may have expired.

An appointed Commissioner may at any time resign his office by delivering a notice in writing to that effect to the Minister.

An appointed Commissioner shall be deemed to have vacated his office if he dies or is, under the Insolvency Act 1967, adjudged bankrupt.

An appointed Commissioner may at any time be removed from office by the Governor-General for disability, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General.

The powers and functions of the Commission shall not be affected by any vacancy in its membership.

Meetings of the Commission shall be held at such times and places as the Commission or the Chairman may from time to time appoint.

The Chairman, or any 3 Commissioners, may at any time call a special meeting of the Commission.

At any meeting of the Commission the quorum necessary for the transaction of business shall be 3 Commissioners.

The Chairman shall preside at all meetings of the Commission at which he is present. In the absence of the Chairman from any meeting the Commissioners present shall appoint one of their number to be the Chairman for the purposes of that meeting.

At any meeting of the Commission the presiding member shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.

All questions arising at any meeting of the Commission shall be decided by a majority of the valid votes recorded thereon.

Subject to the provisions of this Act and of any regulations made under this Act, the Commission may regulate its procedure in such manner as it thinks fit and may prescribe or approve forms for the purposes of this Act.

Subject to the provisions of this section, the Commission may from time to time appoint such officers and employees, including acting or temporary or casual officers and employees, as it thinks necessary for the efficient carrying out of its functions, powers, and duties under this Act or any other Act.

The Commission may at any time remove any of its officers or employees from his office or appointment.

The number of officers and employees who may be appointed under subsection (1) of this section, whether generally or in respect of any specified duties, shall from time to time be determined by the Minister.

Officers and employees appointed under subsection (1) of this section shall be employed on such terms and conditions of employment and shall be paid such salaries and allowances as the Commission from time to time determines in agreement with the State Services Commission or as the Minister from time to time determines in any case where the Commission and the State Services Commission fail to agree.

No person shall be deemed to be employed in the service of Her Majesty for the purposes of the State Services Act 1962 or the Government Superannuation Fund Act 1956 by reason of his appointment under this section.

Any determination under subsection (4) of this section shall take effect on such date (whether the date thereof or any earlier or later date) as may be specified therein. If no date is so specified the determination shall take effect on the date thereof.

The Commission may commission any person, who in its opinion possesses expert knowledge or is otherwise able to assist it in connection with the exercise of its functions, to make such inquiries or to conduct such research or to make such reports as may be necessary for the efficient carrying out of any functions of the Commission.

There shall be paid to the Commissioners such remuneration by way of fees, salary, wages, or allowances, and such travelling allowances and expenses, as may from time to time be fixed, either generally or in respect of any particular Commissioner or Commissioners, by the Minister of Finance.

Any decision under subsection (1) of this section shall take effect on such date (whether the date thereof or any earlier or later date) as may be specified therein. If no date is so specified the decision shall take effect on the date thereof.

There may from time to time be paid sums by way of contributions or subsidies to the National Provident Fund or any fund or scheme approved by the Governor-General in Council for the purpose of providing superannuation or retiring allowances for any Commissioner or any officer or employee appointed under this Act.

It shall be unlawful for any person who is an employer, or any person acting or purporting to act on behalf of any person who is an employer,—

by reason of the sex, marital status, or religious or ethical belief of that person.

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 the sex, marital status, or religious or ethical belief of that person.

Nothing in this section shall apply to preferential treatment based on sex where—

No employer shall be entitled, by virtue of subsection (3) of this section, to accord to any person in respect of any position preferential treatment based on sex even though some of the duties of that position would fall within paragraph (a) or paragraph (b) of subsection (3) of this section 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.

Nothing in this section shall apply to preferential treatment based on sex or marital status where the position requires a married couple.

Nothing in this section shall apply to preferential treatment based on sex where the position is for the purposes of an organised religion and is limited to one sex so as to comply with the doctrines or rules of the religion or to avoid offending the religious susceptibilities of its adherents.

Nothing in this section shall apply to preferential treatment based on religious or ethical belief where—

Nothing in this section 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.

Nothing in this section shall apply to preferential treatment based on sex or religious or ethical belief if the duties of the position in respect of which that treatment is accorded—

Nothing in this section shall apply in respect of any restrictions on the employment of persons on work involving the national security of New Zealand by reference to their religious or ethical beliefs.

Where, as a condition or fringe benefit 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 this section by omitting to apply that condition or confer that benefit on employees of a particular sex or marital status if in all the circumstances it is not reasonably practicable for the employer to do so.

Where the Commission is satisfied that a complaint under this section relates solely to equal pay, it shall refer the complaint to the Secretary of Labour unless the complaint is made against the Crown.

For the purposes of this section “employer” includes—

Nothing in section 15 of this Act shall apply to requirements that differ in their application to persons of each sex and which concern the height or weight of members of the Armed Forces, members of the Police, traffic officers, or officers of penal institutions.

Nothing in section 15 of this Act shall prevent preferential treatment based on sex being given within the Armed Forces to any member of those Forces who—

For the purpose of dealing with situations involving violence or the threat of violence, nothing in section 15 of this Act shall prevent the recruitment of greater numbers of men than of women as members of the Police, traffic officers, or officers of penal institutions.

In this section the term “traffic officer” has the meaning assigned to it by section 2(1) of the Transport Act 1962.

Nothing in section 15 of this Act shall apply to preferential treatment based on sex where—

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 15 of this Act or of section 5 of the Race Relations Act 1971.

Nothing in subsection (1) of this section shall apply to any reference on a form, or to any inquiry concerning, the sex or marital status of an applicant.

It shall be unlawful for a firm consisting of 6 or more partners, or for 6 or more persons jointly promoting the formation of a firm,—

by reason of the colour, race, ethnic or national origins, sex, marital status, or religious or ethical belief of that person or of the colour, race, or ethnic or national origins of any relative or associate of that person.

It shall be unlawful for a firm consisting of 6 or more partners—

by reason of the colour, race, ethnic or national origins, sex, marital status, or religious or ethical belief of that partner or of the colour, race, or ethnic or national origins of any relative or associate of that partner.

It shall be unlawful for an organisation to which this section applies—

by reason of the colour, race, ethnic or national origins, sex, marital status, or religious or ethical belief of that person or of the colour, race, or ethnic or national origins of any relative or associate of that person.

This section applies to an organisation of workers, an organisation of employers, or any other organisation which exists for the purposes of members who carry on a particular profession, trade, or calling.

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 to—

by reason of the colour, race, ethnic or national origins, sex, marital status, or religious or ethical belief of that person or of the colour, race, or ethnic or national origins of any relative or associate of that person.

Nothing in subsection (1) of this section 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 of that religion or to avoid offending the religious susceptibilities of its adherents.

For the purposes of this section “confer” includes renew or extend.

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,—

by reason of the colour, race, ethnic or national origins, sex, marital status, or religious or ethical belief of that person or of the colour, race, or ethnic or national origins of any relative or associate of that person.

An educational establishment maintained wholly or principally for students of one sex, race, colour, or religious belief, or the authority responsible for the control of any such establishment, does not commit a breach of this section by refusing to admit students of a different sex, race, colour, or religious belief.

Nothing in subsection (1) of this section 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 been discharging domestic or family responsibilities to the exclusion of regular full-time employment.

It shall be unlawful for any person—

by reason of the sex, marital status, or religious or ethical belief of that person.

Subsection (1) of this section shall not apply to the maintenance of separate facilities for each sex on the ground of public decency.

In this section the term “vehicle” includes a vessel, an aircraft, or a hovercraft.

It shall be unlawful for any person who supplies goods, facilities, or services to the public or to any section of the public—

by reason of the sex, marital status, or religious or ethical belief of that person.

For the purposes of subsection (1) of this section, but without limiting the meaning of the terms goods, facilities, and services in that subsection, the term “facilities” includes facilities by way of banking or insurance or for grants, loans, credit, or finance.

Where any club, or any branch or affiliate of any club, that grants privileges to members of any other club, branch, or affiliate refuses or fails on demand to provide those privileges to any of those members, or provides them on less favourable terms or conditions than would otherwise be made available, by reason of the colour, race, ethnic or national origins, sex, marital status, or religious or ethical belief of those members, that club, branch, or affiliate shall be deemed to have committed a breach of this section, or of section 4 of the Race Relations Act 1971, as the case may require.

Subsection (1) of this section shall not apply to the maintenance or provision of separate facilities or services for each sex on the ground of public decency.

Where the nature of a skill such as hairdressing varies according to whether it is exercised in relation to men or women, a person does not commit a breach of subsection (1) of this section by exercising the skill in relation to one sex only, in accordance with that person’s normal practice.

It shall not be a breach of subsection (1) of this section to offer or provide annuities, life assurance policies, accident insurance policies, or other policies of insurance on different terms or conditions for each sex so long as the differential treatment—

Nothing in this section shall prevent the exclusion of persons of one sex from participation in any competitive sporting event or activity in which persons of one sex generally compete separately from persons of the other.

Where, in the opinion of the Commission, any exclusion that is permissible under subsection (7) of this section is operating unreasonably in a particular case, the Commission shall use its best endeavours to remedy the matter, and may, if it thinks fit, report to the Prime Minister on the need for or desirability of taking legislative, administrative, or other action with respect to the operation of subsection (7) of this section.

Subject to subsection (3) of this section, nothing in this section or in section 4 of the Race Relations Act 1971 shall apply to access to membership of a club or to the provision of services or facilities to members of a club.

It shall be unlawful for any person, on his own behalf or on behalf or purported behalf of any principal,—

by reason of the sex, marital status, or religious or ethical belief of that person.

It shall be unlawful for any person, on his 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 sex, marital status, or religious or ethical belief, 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.

Nothing in this section shall apply to residential accommodation in any hostel or in any establishment (such as a hospital, club, school, university, or religious institution), 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.

Nothing in this section 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.

For the purposes of this section—

It shall be unlawful for an educational establishment, or the authority responsible for the control of an educational establishment,—

by reason of the colour, race, ethnic or national origins, sex, marital status, or religious or ethical belief of that person or of the colour, race, or ethnic or national origins of any relative or associate of that person.

An educational establishment maintained wholly or principally for students of one sex, race, colour, or religious belief, or the authority responsible for the control of any such establishment, does not commit a breach of this section by refusing to admit students of a different sex, race, colour, or religious belief.

In this section “educational establishment” includes an establishment offering any form of technical training or instruction.

Where a requirement or condition which is not apparently in contravention of any provision of this Part of this Act has the effect of giving preference to a person of a particular colour, race, ethnic or national origin, sex, marital status, or religious or ethical belief in a situation where such preference would be unlawful under any other provision of this Part of this Act, the imposition of that condition or requirement shall be unlawful under that provision unless the person imposing it establishes good reason for its imposition and shows that its imposition is not a subterfuge to avoid complying with that provision.

The Commission may, upon such conditions as it thinks fit and subject to revocation or suspension at any time, approve in writing any special plan or programme submitted to it by any person if it considers that—

Anything done or omitted which would otherwise constitute a breach of this Part of this Act shall not constitute such a breach if it is done or omitted in good faith for the purpose of a plan or programme approved for the time being under subsection (1) of this section.

Anything done or omitted which would otherwise constitute a breach of any of the provisions of sections 19, 20, 21, 22, and 26 of this Act shall not constitute such a breach if—

For the avoidance of doubt it is hereby declared that preferential treatment granted by reason of a woman’s pregnancy or childbirth shall not constitute a breach of this Part of this Act.

It shall be unlawful for any person to treat or to threaten to treat any other person less favourably than he would treat other persons in the same or substantially similar circumstances—

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

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.

Nothing in subsection (1) of this section shall prevent the use, in an advertisement for employment, of any term which, in its generally accepted usage, is not taken to refer exclusively to one sex, being a term such as carpenter, engineer, telephonist, seaman, or typist.

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 first-mentioned person, whether or not it was done with that other person’s knowledge or approval.

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.

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 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.

The functions of the Commission under this Part of this Act shall be—

The Commission may commence an investigation under subsection (1)(a) of this section either on complaint made to it or of its own motion.

The Commission may in its discretion decide not to investigate, or, as the case may require, not to investigate further, any complaint if it relates to a matter of which the person alleged to be aggrieved has had knowledge for more than 12 months before the complaint is received by the Commission, or if in its opinion—

In any case where the Commission decides not to investigate or further investigate a complaint it shall inform the complainant of that decision, and shall state its reasons therefor.

Where any investigation is made following a complaint, the Commission shall conduct the investigation with due expedition and shall inform the parties concerned, as soon as reasonably practicable after the conclusion of the investigation and in such manner as it thinks proper, of the result of the investigation.

Where, after making any investigation under this Part of this Act, the Commission is of the opinion that a breach of any of the provisions of Part II of this Act has occurred, it shall—

If the Commission is unable to secure such a settlement and assurance, or, as the case may be, such an assurance as aforesaid, or if it appears that the act or omission was done in contravention of such an assurance given on a previous occasion, or that any term of such a settlement has not been complied with, it may take proceedings under section 38 of this Act against the person considered to have committed the breach.

The Commission shall not take proceedings against a person referred to in subsection (2) of this section unless it has given that person an opportunity to be heard.

Civil proceedings before the Equal Opportunities Tribunal shall lie at the suit of the Commission against the person referred to in section 37(2) of this Act for a breach of any of the provisions of Part II of this Act.

The Commission may, under subsection (1) of this section, bring proceedings on behalf of a class of persons, and may seek on behalf of persons who belong to the class any of the remedies described in subsection (6) of this section, where it considers that the person referred to in section 37(2) of this Act is carrying on a discriminatory practice which affects that class and which is in breach of Part II of this Act.

Where proceedings are commenced by the Commission-under subsection (1) of this section, the aggrieved person (if any) shall not be an original party to, or, unless the Tribunal otherwise orders, join or be joined in, any such proceedings.

Notwithstanding subsection (1) of this section, the aggrieved person (if any) may himself bring proceedings before the Equal Opportunities Tribunal if he wishes to do so and the Commission—

In any proceedings before the Equal Opportunities Tribunal the Commission or the aggrieved person (as the case may be) may seek such of the remedies described in subsection (6) of this section as it or he thinks fit.

If in any such proceedings the Tribunal is satisfied on the balance of probabilities that the defendant has committed a breach of any of the provisions of Part II of this Act, it may grant one or more of the following remedies:

In any proceedings under this section the Tribunal may award such costs against the defendant as it thinks fit, whether or not it makes any other order, or may award costs against the plaintiff, or may decline to award costs against either party. Where the Commission is the plaintiff any costs awarded against it shall be paid by it and it shall not be entitled to be indemnified by the aggrieved person (if any).

It shall not be a defence to proceedings under this section that the breach was unintentional or without negligence on the part of the defendant, but the Tribunal may take the conduct of the defendant into account in deciding what, if any, remedy to grant.

Where by any provision of Part II of this Act conduct is excepted from conduct that is unlawful under any provision of Part II of this Act, the onus of proving the exception in any proceedings under this Part of this Act lies upon the defendant.

In any proceedings under section 38 of this Act the Tribunal may award damages against the defendant for a breach of any of the provisions of Part II of this Act in respect of any one or more of the following:

Provided that damages awarded under paragraph (c) of this subsection on behalf of any one aggrieved person shall not exceed $1,000.

Damages recovered by the Commission under this section shall be paid by it to the aggrieved person on whose behalf the proceedings were brought or, if that person is an unmarried minor or is not of full mental capacity, in the discretion of the Commission to the Public Trustee.

Where money is paid to the Public Trustee under subsection (2) of this section—

Civil proceedings under section 38 of this Act may be instituted before the Equal Opportunities Tribunal irrespective of the amount of damages claimed or the value of the property in respect of which any remedy is sought but, subject to sections 42 and 43 of this Act, the Tribunal shall not award any damages or grant any remedy in any such proceedings if the making of that award or the granting of that remedy would, by reason of the monetary limits contained in sections 29 to 34 of the Magistrates’ Courts Act 1947, be beyond the jurisdiction of a Magistrate’s Court:

Provided that where civil proceedings under section 38 of this Act are brought by the Commission on behalf of more than one aggrieved person, those proceedings shall, for the purpose of applying any such monetary limit, be treated as if each aggrieved person on whose behalf those proceedings are brought were the plaintiff in a separate action against the defendant.

Where the Tribunal is satisfied on the balance of probabilities that a defendant in proceedings under section 38 of this Act has committed a breach of Part II of this Act but that—

the Tribunal shall refer the granting of a remedy in those proceedings to the Supreme Court.

Where the granting of a remedy in any proceedings under section 38 of this Act is referred to the Supreme Court under subsection (1) of this section, that Court shall decide, on the basis of the Tribunal’s finding that the defendant has committed a breach of Part II of this Act, whether one or more of the remedies set out in section 38(6) of this Act is to be granted.

Every decision of the Supreme Court under subsection (2) of this section shall be remitted to the Tribunal for inclusion in its determination with regard to the proceedings and shall have effect as part of that determination notwithstanding the limits imposed by section 41 of this Act.

A reference under subsection (1) of this section shall be effected by sending to the Registrar of the Supreme Court at Wellington a report on the proceedings, which report shall set out the Tribunal’s finding with regard to the breach of Part II of this Act, and shall include or be accompanied by a statement of the considerations to which the Tribunal has had regard in making the reference to the Court.

The Court may direct the Tribunal to amplify any report made for the purposes of subsection (4) of this section.

A copy of every report made for the purposes of subsection (4) of this section shall be given or sent forthwith to every party to the proceedings, and any such party shall be entitled to be heard and to tender in the Supreme Court evidence concerning the remedy (if any) to be granted on the basis of the Tribunal’s finding that the defendant has committed a breach of Part II of this Act but no such party shall be entitled, on the reference under subsection (1) of this section, to challenge that finding.

Every reference to the Supreme Court under subsection (1) of this section shall be dealt with by the Administrative Division of the Supreme Court.

Subject to this Act, the procedure in respect of any reference under subsection (1) of this section shall be in accordance with the rules of Court and, subject to any necessary modifications, shall be the same as that applying in respect of an appeal.

Nothing in this section shall limit the provisions of sections 63 to 65 of this Act or prevent the making of an appeal in accordance with section 63 of this Act in respect of any determination of the Tribunal in which a decision of the Supreme Court is included pursuant to subsection (3) of this section.

Notwithstanding the provisions of sections 41 and 42 of this Act, where the Tribunal would have in any proceedings under section 38 of this Act jurisdiction to make an award of damages in accordance with section 40 of this Act were the amount of the award within the limit for the time being fixed by section 29(1) of the Magistrates’ Courts Act 1947 (as applied by section 41 of this Act), the Tribunal may make such an award in any case where the plaintiff abandons the excess; and an award of damages in those proceedings in accordance with section 40 of this Act shall operate to discharge from liability in respect of the amount so abandoned any person against whom the proceedings are brought and the subsequent award made.

Notwithstanding the provisions of sections 41 and 42 of this Act, where the Tribunal, but for the provisions of section 41 of this Act, would have, in any proceedings under section 38 of this Act, jurisdiction to grant any one or more of the remedies specified in section 38(6) of this Act and the parties to the proceedings, by memorandum signed by them or their respective solicitors or agents, agree that the Tribunal shall have jurisdiction to grant any one or more of the remedies specified in section 38(6) of this Act irrespective of the provisions of section 41 of this Act, the Tribunal shall have jurisdiction to grant one or more of those remedies accordingly.

Nothing in a memorandum entered into for the purposes of subsection (1) of this section shall authorise the Tribunal to exceed the limit imposed by the proviso to section 40(1) of this Act.

There is hereby constituted a Tribunal to be known as the Equal Opportunities Tribunal.

The functions of the Tribunal shall be—

The Tribunal shall consist of a barrister or solictor of the Supreme Court of not less than 7 years’ practice (whether or not he holds or has held judicial office), who shall be the Chairman, and 2 other persons appointed by the Chairman for the purposes of each hearing from a panel maintained by the Minister under subsection (4) of this section.

The Chairman of the Tribunal shall be appointed by the Governor-General on the recommendation of the Minister and shall hold office for a term of 5 years. Any person appointed as Chairman may hold that office concurrently with any other office held by him and may from time to time be reappointed.

Unless he sooner vacates office or is removed from office under section 49 of this Act, the Chairman shall continue to hold office until his successor comes into office, notwithstanding that the term for which he was appointed may have expired.

The Minister shall maintain a panel of not more than 12 persons who may be appointed pursuant to subsection (1) of this section.

In considering the suitability of any person for inclusion on the panel, the Minister shall have regard not only to his personal attributes but also to his knowledge of and experience in the different aspects of matters likely to come before the Tribunal.

The name of a person shall be removed from the panel if—

In any case in which the Chairman of the Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if the Chairman deems it not proper or desirable that he should adjudicate on any specified matter, the Governor-General, on the recommendation of the Minister, may appoint a suitable person to be the deputy of the Chairman to act for the Chairman for the period or purpose stated in the appointment.

No person shall be appointed as Deputy Chairman unless he is eligible for appointment as Chairman.

Every Deputy Chairman appointed under this section shall, while acting for the Chairman, be deemed to be the Chairman of the Tribunal.

No appointment of a Deputy Chairman, and no act done by him as such, and no act done by the Tribunal while he is acting as such, shall in any proceedings be questioned on the ground that the occasion for the appointment had not arisen or had ceased.

The Chairman and any Deputy Chairman of the Tribunal may at any time resign his office by delivering a notice in writing to that effect to the Minister.

The Chairman and any Deputy Chairman of the Tribunal shall be deemed to have vacated his office if he dies or is, under the Insolvency Act 1967, adjudged bankrupt.

The Chairman and any Deputy Chairman of the Tribunal may at any time be removed from office by the Governor-General for disability, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General.

Sittings of the Tribunal shall be held at such times and places as the Tribunal or the Chairman from time to time appoints.

Any sitting may be adjourned from time to time and from place to place by the Tribunal or the Chairman.

No sitting of the Tribunal shall take place unless all the members are present, but the decision of a majority of the members shall be the decision of the Tribunal.

The Chairman shall preside at all sittings of the Tribunal.

Subject to the provisions of this Act and of any regulations made under this Act, the Tribunal may regulate its procedure in such manner as it thinks fit and may prescribe or approve forms for the purposes of this Act.

The Tribunal shall act according to equity, good conscience, and the substantial merits of the case, without regard to technicalities.

The Tribunal may receive as evidence any statement, document, information, or matter that may in its opinion assist it to deal effectively with the matters before it, whether or not it would be admissible in a Court of law.

Subject to subsection (1) of this section, the Evidence Act 1908 shall apply to the Tribunal in the same manner as if the Tribunal were a Court within the meaning of that Act.

The Tribunal shall be deemed to be a Commission of Inquiry under the Commissions of Inquiry Act 1908 and, subject to the provisions of this Act, all the provisions of that Act, except sections 10 to 12, shall apply accordingly.

Except as provided by subsections (2) and (3) of this section, every hearing of the Tribunal shall be held in public.

The Tribunal may deliberate in private as to its decision in any matter or as to any question arising in the course of any proceedings before it.

Where the Tribunal is satisfied that it is desirable to do so, the Tribunal may, of its own motion or on the application of any party to the proceedings,—

Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who acts in contravention of any order made by the Tribunal under paragraph (b) or paragraph (c) of subsection (3) of this section.

The Tribunal may at any time dismiss any proceedings brought under section 38 of this Act if it is satisfied that they are trivial, frivolous, or vexatious or are not made in good faith.

Every decision of the Tribunal to grant one or more of the remedies described in section 38(6) of this Act or to dismiss any proceedings brought under that section shall be in writing and shall show the Tribunal’s reasons for the decision.

The Tribunal shall have a seal, which shall be judicially noticed in all Courts and for all purposes.

No member of the Tribunal shall be personally liable for any act done or omitted to be done by the Tribunal or any member thereof in good faith in pursuance or intended pursuance of the powers and authorities of the Tribunal.

The Tribunal is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.

There shall be paid to the members of the Tribunal, out of money appropriated by Parliament for the purpose, remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly.

The Department of Justice shall furnish such secretarial, recording, and clerical services as may be necessary to enable the Tribunal to discharge its functions.

The cost of any services provided by the Department of Justice pursuant to this section shall be paid from the Consolidated Revenue Account out of money appropriated by Parliament for the purpose.

An order for the award of damages made by the Tribunal under section 40 of this Act may, upon registration of a certified copy in a Magistrate’s Court, be enforced in all respects as if it were an order of that Court.

Every person commits an offence who contravenes or refuses to comply with any other order of the Tribunal made under section 38 of this Act and is liable on summary conviction to a fine not exceeding $2,000.

The Tribunal may, at any time, before or during the hearing or before delivering its decision, on the application of any party to the proceedings or of its own motion, state a case for the opinion of the Supreme Court on any question of law arising in any proceedings before the Tribunal.

The Tribunal shall give notice to the parties to the proceedings of the Tribunal’s intention to state a case under this section, specifying the registry of the Supreme Court in which the case is to be filed.

Except where the Tribunal intends to state the case of its own motion, the question shall be in the form of a special case drawn up by the parties to the proceedings, and, if the parties do not agree, to be settled by the Tribunal.

Where the Tribunal intends to state the case of its own motion, it shall itself state and sign a case setting forth the facts and questions of law arising for the determination of the Supreme Court.

The Supreme Court shall hear and determine any question submitted to it under this section, and shall remit the case with its opinion to the Tribunal.

Where any party to any proceedings under section 38 of this Act is dissatisfied with any decision of the Tribunal dismissing those proceedings or granting one or more of the remedies described in section 38(6) of this Act or constituting a final determination of the Tribunal in those proceedings, that party may appeal to the Supreme Court against the whole or any part of that decision.

Every appeal under this section shall be heard and determined by the Administrative Division of the Supreme Court.

Every appeal under this section shall be made by giving notice of appeal within 30 days after the date of the giving by the Tribunal in writing of the decision to which the appeal relates.

Where any question of fact is involved in any appeal, that appeal shall be by way of rehearing of the original proceedings, and, unless the parties to the proceedings otherwise agree, the Court shall determine that appeal on the basis of the evidence adduced at the rehearing.

In determining any appeal under this section the Supreme Court shall have the powers conferred on the Tribunal by sections 51 and 52 of this Act, and those sections shall apply accordingly with such modifications as are necessary.

In its determination of any appeal, the Court may—

Notwithstanding anything in subsection (6) of this section, the Court may in any case, instead of determining any appeal, refer to the Tribunal, in accordance with the rules of Court, for further consideration by the Tribunal, the whole or any part of the matter to which the appeal relates.

Subject to the provisions of this Act, the procedure in respect of any such appeal shall be in accordance with the rules of Court.

Notice of appeal shall not operate as a stay of proceedings in respect of the decision to which the appeal relates unless the Tribunal or the Supreme Court so orders.

The determination of the Supreme Court on any such appeal shall be final.

The Supreme Court shall have power to make such order as to the whole or any part of the costs of an appeal under section 63 of this Act as may seem just but every order for costs shall follow the event of the appeal unless the Court otherwise orders.

For the purpose of the exercise by the Administrative Division of the Supreme Court of its jurisdiction and powers—

there shall be two additional members of the Division who shall be persons appointed by a Judge of the Division for the purposes of the hearing or appeal from the panel maintained by the Minister under section 47(4) of this Act.

Before entering upon the exercise of the duties of their office, the additional members shall take an oath before a Judge of the Supreme Court that they will faithfully and impartially perform the duties of their office.

The presence of a Judge of the Administrative Division and of at least one additional member shall be necessary to constitute a sitting of the Court.

The decision of a majority (including the Judge, or, where more than one Judge sits, including a majority of the Judges) of the members present at a sitting of the Court shall be the decision of the Court. If the members present are equally divided in opinion, the decision of the Judge, or of a majority of the Judges, shall be the decision of the Court.

If any question before the Court cannot be decided in accordance with subsection (4) of this section, the question shall be referred to the Court of Appeal for decision in accordance with the practice and procedure of that Court, which for the purpose shall have all the powers of the Court under this Act. The decision of the Court of Appeal in any proceedings under this subsection shall be final and shall take effect and be entered as if it were a decision of the Court under this Act.

There shall be paid to the additional members, out of money appropriated by Parliament for the purpose, remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if the Division were a statutory Board within the meaning of that Act.

The functions of the Commission in relation to privacy shall be—

The Commission may report to the Prime Minister under paragraph (b) of subsection (1) of this section on any matter relating to privacy on which the Prime Minister has requested a report.

This section shall not empower the Commission to investigate a complaint by any person that his privacy has been infringed but the fact that a person has made such a complaint about a particular matter shall not limit or affect the power of the Commission to carry out the kind of inquiry permitted under subsection (1)(a) of this section.

Nothing in this section shall authorise the Commission to inquire into the operation of the Wanganui Computer Centre Act 1976 or of the Computer Centre established under section 3 of that Act.

Any member of an organisation to which this section applies may complain to the Commission on the ground that the organisation of which he is a member, or any officer or agent of that organisation, or any other person connected with that organisation, has, in carrying on or purporting to carry on the affairs of the organisation—

Any person who has applied unsuccessfully for membership of an organisation to which this section applies may complain to the Commission on the ground that he has been improperly refused membership for reasons other than those specified in section 20 of this Act.

This section applies to an organisation of workers, an organisation of employers, or any other organisation which exists for the purposes of members who carry on a particular profession, trade, or calling.

The functions of the Commission under this Part of this Act shall be—

If the Commission is of the opinion that the rules or procedures of an organisation or the provisions of any enactment provide remedies for the complainant it may, before investigating the complaint or at any time thereafter, direct that those remedies be pursued.

Nothing in this Part of this Act shall limit or affect the Commerce Act 1975 and where any complaint, in relation to any organisation which exists for the purposes of members who carry on a particular profession, trade, or calling, or in relation to any officer, agent of, or other person connected with any such organisation, is made under section 68 of this Act with respect to a matter which may, wholly or in part, be investigated under the Commerce Act 1975, the Commission shall refer that complaint to the Examiner of Commercial Practices appointed pursuant to that Act.

The Commission shall not investigate or institute any proceedings with respect to a complaint of a kind referred in subsection (3) of this section except to the extent that the said Examiner, or, in the case of any matter which has been reported to the Commerce Commission constituted under the Commerce Act 1975, that Commission, has certified that the matter or a part of the matter is not able to be or has not been dealt with, determined, or disposed of in accordance with the Commerce Act 1975.

Subject to section 69(2) of this Act, where, after making any investigation under this Part of this Act, the Commission is of the opinion that the complaint has substance, it shall use its best endeavours to secure a settlement between the parties concerned.

If the Commission is unable to secure such a settlement, or if it appears that any term of such a settlement has not been complied with, it may refer the matter in writing to the Industrial Court.

The Commission shall not refer a matter to the Industrial Court unless it has given the organisation concerned, or an authorised representative of that organisation, an opportunity to be heard.

The Industrial Court shall have jurisdiction to hear and determine any matter referred to it under section 70 of this Act and the provisions of the Industrial Relations Act 1973, and in particular sections 47 to 62 of that Act, shall have effect accordingly, with the necessary modifications, notwithstanding that the organisation in respect of which the complaint is made is not registered, or is not eligible to register, under the Industrial Relations Act 1973.

Every person commits an offence against this Act and is liable on summary conviction to a fine not exceeding $1,000 who—

Before investigating any matter under this Act, the Commission shall inform any person affected of the nature of the complaint (if any) and of its intention to make the investigation.

Every investigation by the Commission under this Act shall be conducted in private.

The Commission may hear or obtain information from such persons as it thinks fit. It shall not be necessary for the Commission to hold any hearing, and no person shall be entitled as of right to be heard by the Commission.

The Commission may from time to time require any person who in its opinion is able to give any information relating to the matter which is being investigated or inquired into by the Commission to furnish to it any such information and to produce any documents or papers or things which in the Commission’s opinion relate to any such matter as aforesaid and which may be in the possession or under the control of that person.

The Commission may summon before it and examine on oath any person who in the Commission’s opinion is able to give any such information as aforesaid and for that purpose may administer an oath. Every such investigation by the Commission shall be deemed to be a judicial proceeding within the meaning of section 108 of the Crimes Act 1961 (which relates to perjury).

Subject to the provisions of this section, every such person shall be obliged to answer any questions put to him by the Commission but shall have the same privileges as witnesses have in any Court.

No person shall be required to supply any information to or to answer any question put by the Commission in relation to any matter, or to produce to the Commission any document or paper or thing relating to any matter, in any case where compliance with that requirement would be in breach of an obligation of secrecy or non-disclosure imposed on that person by the provisions of any Act or regulations, other than the Official Secrets Act 1951 or the State Services Act 1962.

Except on the trial of any person for perjury within the meaning of the Crimes Act 1961 in respect of his sworn testimony, no statement made or answer given by that or any other person in the course of the inquiry by or any proceedings before the Commission shall be admissible in evidence against any person in any Court or at any inquiry or in any other proceedings, and no evidence in respect of proceedings before the Commission shall be given against any person.

No person shall be liable to prosecution for an offence against the Official Secrets Act 1951 or any enactment, other than this Act, by reason of his compliance with any requirement of the Commission under this section.

Where any person is required by the Commission to attend before it for the purposes of this section, the person shall be entitled to the same fees, allowances, and expenses as if he were a witness in a Court, and the provisions of any regulations in that behalf under the Summary Proceedings Act 1957 and for the time being in force shall apply accordingly. For the purposes of this subsection the Commission shall have the powers of a Court under any such regulations to fix or disallow, in whole or in part, or increase the amounts payable thereunder.

Where—

the Commission shall not require the information or answer to be given, or, as the case may be, the document or paper or thing to be produced.

Subject to the provisions of subsection (1) of this section, the rule of law which authorises or requires the withholding of any document or paper, or the refusal to answer any question, on the ground that the disclosure of the document or paper or the answering of the question would be injurious to the public interest shall not apply in respect of any investigation by or proceedings before the Commission.

No proceeding of the Commission shall be held bad for want of form, and, except on the ground of lack of jurisdiction, no proceeding or decision of the Commission shall be liable to be challenged, reviewed, quashed, or called in question in any Court.

Except in the case of proceedings for an offence against the Official Secrets Act 1951,—

Anything said or any information supplied or any document, paper, or thing produced by any person in the course of any inquiry by or proceedings before the Commission under this Act shall be privileged in the same manner as if the inquiry or proceedings were proceedings in a Court.

For the purposes of clause 5 of the First Schedule to the Defamation Act 1954, any report made by the Commission under this Act shall be deemed to be an official report made by a person holding an inquiry under the authority of the legislature of New Zealand.

Every Commissioner and every officer or employee of the Commission shall be deemed for the purposes of the Official Secrets Act 1951 to be persons holding office under Her Majesty.

Every Commissioner and every such officer and employee shall maintain secrecy in respect of all matters that come to their knowledge in the exercise of their functions or duties under this Act and shall not communicate any such matters to any person except for the purpose of giving effect to this Act or any other enactment that confers powers and functions on the Commission.

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 by it, 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.

The Commission shall not, in any report or statement made pursuant to this Act, make any comment that is adverse to any person unless that person has been given an opportunity to be heard.

If any matter of the kind referred to in section 74 of this Act comes to the knowledge of the Commission, the Commission shall not disclose it except in a report to the Prime Minister made pursuant to this Act.

The Commission may from time to time by writing under the hand of the Chief Commissioner delegate to any Commissioner any of the functions or powers of the Commission under this Act except the functions set out in section 5 (11 or in section 6(1) of this Act and this power of delegation. Until any such delegation is revoked, it shall continue in force according to its tenor.

Every delegation under this section shall be revocable at will and no such delegation shall prevent the exercise of any function by the Commission.

With the prior approval of the Minister, any Commissioner may from time to time, by writing under his hand, delegate to any officer or employee of the Commission any of the Commissioner’s powers under this Act, except this power of delegation and the power to make any report under this Act.

Any delegation under this section may be made to a specified person or to the holder for the time being of a specified office or to the holders of offices of a specified class.

Every delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by a Commissioner.

Any such delegation may be made subject to such restrictions and conditions as the Commissioner thinks fit, and may be made either generally or in relation to any particular case or class of cases.

Until any such delegation is revoked, it shall continue in force according to its tenor. In the event of the Commissioner by whom it was made ceasing to hold office, it shall continue to have effect as if made by his successor.

Any person purporting to exercise any power of a Commissioner by virtue of a delegation under this section shall, when required to do so, produce evidence of his authority to exercise the power.

Without limiting the right of the Commission to report at any other time, but subject to section 78(2) of this Act, the Commission shall, within 3 months after the expiration of each year ending with the 31st day of March or such other date as may from time to time be directed by the Minister, furnish to the Minister a report on the exercise of its functions under this Act during that year.

A copy of the report shall be laid before Parliament.

All fees, salaries, allowances, and other expenditure payable or incurred under or in the administration of this Act shall be payable out of money to be appropriated by Parliament for the purpose.

Any notice or other document required or authorised to be served on or given to any person for the purposes of this Act may be served or given by delivering it to that person, and may be delivered to him either personally or by leaving it at his usual or last known place of abode or business or at the address specified by him in any application or other document received from him or by posting it in a letter addressed to him at that place of abode or business or at that address.

If any such notice or other document is sent to any person by registered letter it shall be deemed to have been delivered to him on the fourth day after the day on which it was posted, and in proving the delivery it shall be sufficient to prove that the letter was properly addressed and posted.

If the person is absent from New Zealand, the notice or other document may be delivered as aforesaid to his agent in New Zealand. If he is deceased, the notice or other document may be delivered as aforesaid to his personal representatives.

If the person is not known, or is absent from New Zealand and has no known agent in New Zealand, or is deceased and has no known personal representatives, or if for any other reason it is not practicable to deliver the notice or other document personally the notice or other document shall be delivered in such manner as may be directed by the Commission pr the Tribunal.

Notwithstanding anything in the foregoing provisions of this section, the Commission or the Tribunal may in any case direct the manner in which any notice or other document is to be served or given, or dispense with the service or giving thereof.

Every person commits an offence against this Act and is liable on summary conviction to a fine not exceeding $1,000 who—

The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes—

The Acts specified in the First Schedule to this Act are hereby amended in the manner indicated in that Schedule.

The regulations specified in the Second Schedule to this Act are hereby amended in the manner indicated in that Schedule.

The amendment by this section of the regulations specified in the Second Schedule to this Act shall be without prejudice to any power of amending or revoking those regulations.

The Governor-General may from time to time, by Order in Council, consequentially revoke the Second Schedule to this Act or any part of that Schedule.

In their application to any superannuation scheme established on or after the date of the commencement of this Act but before the 1st day of April 1980 (not being a scheme which is merely a modification of, or which is in substitution for, a superannuation scheme in existence at the commencement of this Act), sections 15(1) and 24(1) of this Act shall, subject to subsection (3) of this section, have effect only to the extent necessary to ensure that acts or omissions contrary to any of the provisions of those sections do not—

Notwithstanding anything in section 15(1) or section 24(1) of this Act, where any superannuation scheme is in existence at the commencement of this Act or is a scheme to which subsection (1) of this section applies, that scheme, whether or not it has been approved by the Government Actuary under Part II of the Superannuation Schemes Act 1976, may, subject to subsection (3) of this section, continue to have effect as if this Act had not come into force.

On and after the 1st day of April 1980, nothing in this section shall excuse non-compliance with section 15(1) or section 24(1) of this Act in respect of any person who joins or seeks to join a superannuation scheme on or after that date.

Where—

any person who joins the scheme before the date on which amendments come into force shall have, during the 12 months immediately following that date, the right to have those amendments applied to him with any necessary adjustment of contributions or benefits on an equitable basis.

The provisions of subsection (4) of this section shall apply with the necessary qualifications in any case where, as an alternative to making amendments of the kind described in that subsection to any existing superannuation scheme, a new scheme is established.

Where any member of a superannuation scheme has a right of election pursuant to subsection (4) or subsection (5) of this section the trustees or managers of the scheme of which he is a member shall inform him in writing of that right.

Where any superannuation scheme is amended for the purpose of ensuring that its operation does not involve a breach of section 15(1) or section 24(1) of this Act, nothing in this Act, and nothing in those amendments, shall deprive any person who joined the scheme before the date on which those amendments came into force of any right or option to retire at a particular age or on a particular date or to become entitled under the scheme to a pension or other benefit, unless he elects to relinquish that right or option.

Nothing in this Act shall prevent a superannuation scheme from providing—

if the differential treatment—

The Commission shall from time to time report to the Minister on what amendments (if any) should be made to section 88 of this Act to ensure that preferential treatment based on sex or marital status is eliminated from superannuation schemes.

Notwithstanding any Act or rule of law or the provisions of the instrument or conditions governing any superannuation scheme, the trustees or managers 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 section 88 of this Act.

Nothing in this Act shall apply to any provision contained in an existing or future charitable instrument where that provision confers benefits, or enables benefits to be conferred, on persons or a particular sex, marital status, or religious or ethical belief, or to any act done in order to comply with any such provision.

For the purposes of this section,—

Nothing in this Act shall limit or affect section 9 of the Race Relations Act 1971.

Except as expressly provided in this Act, nothing in this Act shall limit or affect the provisions of any other Act.

Nothing in this Act shall affect the right to bring any proceedings, whether civil or criminal, which might have been brought if this Act had not been passed, but, in assessing any damages to be awarded to or on behalf of any person under this Act or otherwise, a Court shall take account of any damages already awarded to or on behalf of that person in respect of the same cause of action.

Subject to the Illegal Contracts Act 1970, no proceedings, civil or criminal, shall lie against any person, except as provided by this Act, in respect of any act or omission which is unlawful by virtue only of any of the provisions of Part II of this Act.

Nothing in this Act shall affect any enactment or rule of law, or any administrative practice of the Government of New Zealand, which distinguishes between New Zealand citizens and other persons, or between British subjects or Commonwealth citizens (including citizens of the Republic of Ireland) and aliens.

For the purposes of subsection (3) of this section the term “enactment” means any provision of any Act, regulation, rules, bylaws, Order in Council, or Proclamation; and includes any provision of any notice, consent, approval, or direction which is given by any person pursuant to a power conferred by any Act, regulations, rules, bylaws, Order in Council, or Proclamation.