Constitution of New Zealand 1840, as amended to 2020
Status of International Law
  • English
    (1) The primary functions of the [Human Rights] Commission are—
    (a) to advocate and promote respect for, and an understanding and appreciation of, human rights in New Zealand society;

    (2) The Commission has, in order to carry out its primary functions under subsection (1), the following functions:

    (c) to make public statements in relation to any matter that may affect or infringe human rights (whether or not those human rights are affirmed in New Zealand domestic human rights law or international human rights law), including statements commenting on the position of the Government in relation to that matter:

    (d) to promote by research, education, and discussion a better understanding of the human rights dimensions of the Treaty of Waitangi and their relationship with domestic and international human rights law:

    (k) to report to the Prime Minister on—
    (i) any matter affecting human rights, including the desirability of legislative, administrative, or other action to give better protection to human rights and to ensure better compliance with standards laid down in international instruments on human rights:
    (ii) the desirability of New Zealand becoming bound by any international instrument on human rights:

    (ka) to report to either or both of the Prime Minister and the Minister responsible on any existing or proposed legislation (including subordinate legislation), administrative provision, or policy of the Government that the Commission considers may affect human rights:
    (kb) to promote the development of new international instruments on human rights:
    (kc) to promote and monitor compliance by New Zealand with, and the reporting by New Zealand on, the implementation of international instruments on human rights ratified by New Zealand:
    … (Human Rights Act 1993, Sec. 5)20
1
Constitution of Nauru 1968 (English), as amended to 2014. New Zealand does not possess a codified “constitution” but an unwritten one consisting of Acts of Parliament, legal documents, decisions of the Courts and generally accepted practices or “conventions”. The key texts of the Constitution are reflected in this link, up to 2014. A number of changes have occurred since then. Updated versions of the Acts contained in this link are available in HeinOnline World Constitutions Illustrated Library (2019).
Links to all sites last visited 31 March 2021
2
Part 2 on Unlawful Discrimination.
3
Part 2 on Unlawful Discrimination.
4
Sec. 5 as amended by the Human Rights Amendment Act 2016 (2016 No 28).
5
Sec. 62A as inserted by the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).
6
For all provisions on discrimination in employment matters, refer to: “Exceptions in relation to employment matters,” Sections 24-35; prohibition on “Discrimination in partnerships,” Sec. 36; “Discrimination by industrial and professional associations, qualifying bodies, and vocational training Bodies,” Sections 37-41; and “Special provisions relating to superannuation schemes,” Sec. 70.
7
Sec. 62A as inserted by the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).
8
Part 2 on Unlawful Discrimination.
9
Part 2 on Unlawful Discrimination.
10
Sec. 5 as amended by the Human Rights Amendment Act 2016 (2016 No 28).
11, 12
11 - Part 1A on Discrimination by Government, related persons and bodies, or persons or bodies acting with legal authority.12 - According to Sec. 3: “(a) the legislative, executive, or judicial branch of the Government of New Zealand; or (b) a person or body in the performance of any public function, power, or duty conferred or imposed on that person or body by or pursuant to law.”
13
Sec. 21 as amended by the Social Security Act 2018.
14
Sec. 21A as amended by the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21) and the Family Violence Act 2018 (2018 No 46).
15
Sec. 5 as amended by the Human Rights Amendment Act 2016 (2016 No 28).
16
Sec. 62A as inserted by the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).
17
Part 2 on Unlawful Discrimination.
18
Section 57 on Educational Establishments.
19
Sec. 62A as inserted by the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).
20
Sec. 5 as amended by the Human Rights Amendment Act 2016 (2016 No 28).