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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 194 constitutions from around the world. The Database was updated in partnership with the International Bar Association's Human Rights Institute (IBAHRI) and with support from the Swedish International Development Agency (SIDA) and the Government of Japan. Experience its wealth and depth of information by starting your search now.
Obligations of the State
- EnglishWhere any Bill is introduced into the House of Representatives, the Attorney-General shall,—
(a) in the case of a Government Bill, on the introduction of that Bill; or
(b) in any other case, as soon as practicable after the introduction of the Bill,—
bring to the attention of the House of Representatives any provision in the Bill that appears to be inconsistent with any of the rights and freedoms contained in this Bill of Rights. (Bill of Rights Act 1990, Sec. 7)
Obligations of the State
- EnglishWherever an enactment can be given a meaning that is consistent with the rights and freedoms contained in this Bill of Rights, that meaning shall be preferred to any other meaning. (Bill of Rights Act 1990, Sec. 6)
Obligations of the State
- EnglishThis Bill of Rights applies only to acts done—
(a) by the legislative, executive, or judicial branches of the Government of New Zealand; or
(b) by any 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. (Bill of Rights Act 1990, Sec. 3)
Obligations of the State
- EnglishAn existing right or freedom shall not be held to be abrogated or restricted by reason only that the right or freedom is not included in this Bill of Rights or is included only in part. (Bill of Rights Act 1990, Sec. 28)
Judicial Protection
- EnglishThe functions of the Tribunal shall be—
(a) to consider and adjudicate upon proceedings brought pursuant to sections 92B, 92E, 95, and 97:
(b) to exercise and perform such other functions, powers, and duties as are conferred or imposed on it by or under this Act or any other enactment. (Human Rights Act 1993. Sec. 94)
Judicial Protection
- EnglishThe Tribunal constituted by section 45 of the Human Rights Commission Act 1977 and, immediately before 1 January 2002 (being the date of the commencement of the Human Rights Amendment Act 2001), known as the Complaints Review Tribunal shall continue in being, and, on and after 1 January 2002, is called the Human Rights Review Tribunal. (Human Rights Act 1993, Sec. 93)
Judicial Protection
- English(1) Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person's rights, obligations, or interests protected or recognised by law.
(2) Every person whose rights, obligations, or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination.
… (Bill of Rights Act 1990, Sec. 27)
Judicial Protection
- EnglishNo court shall, in relation to any enactment (whether passed or made before or after the commencement of this Bill of Rights),—
(a) hold any provision of the enactment to be impliedly repealed or revoked, or to be in any way invalid or ineffective; or
(b) decline to apply any provision of the enactment—by reason only that the provision is inconsistent with any provision of this Bill of Rights. (Bill of Rights Act 1990, Sec. 4)
Judicial Protection
- EnglishThis Bill of Rights applies only to acts done—
(a) by the legislative, executive, or judicial branches of the Government of New Zealand;
… (Bill of Rights Act 1990, Sec. 3)
National Human Rights Bodies
- English
(1) The primary functions of the Commission are—
(a) to advocate and promote respect for, and an understanding and appreciation of, human rights in New Zealand society; and
(b) to encourage the maintenance and development of harmonious relations between individuals and among the diverse groups in New Zealand society; and
(c) to promote racial equality and cultural diversity; and
(d) to promote equal employment opportunities (including pay equity); and
(e) to promote and protect the full and equal enjoyment of human rights by persons with disabilities.
(2) The Commission has, in order to carry out its primary functions under subsection (1), the following functions:
(a) to be an advocate for human rights and to promote and protect, by education and publicity, respect for, and observance of, human rights:
(b) to encourage and co-ordinate programmes and activities in the field of human rights:
(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:
(ca) to make public statements promoting an understanding of, and compliance with, this Act or the New Zealand Bill of Rights Act 1990 (for example, statements promoting understanding of measures to ensure equality, of indirect discrimination, or of institutions and procedures under this Act for dealing with complaints of unlawful discrimination):
(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:
(e) to prepare and publish, as the Commission considers appropriate, guidelines and voluntary codes of practice for the avoidance of acts or practices that may be inconsistent with, or contrary to, this Act:
(f) to receive and invite representations from members of the public on any matter affecting human rights:
(g) to consult and co-operate with other persons and bodies concerned with the protection of human rights:
(h) to inquire generally into any matter, including any enactment or law, or any practice, or any procedure, whether governmental or non-governmental, if it appears to the Commission that the matter involves, or may involve, the infringement of human rights:
(i) to appear in or bring proceedings, in accordance with section 6 or section 92B or section 92E or section 92H or section 97:
(j) to apply to a court or tribunal, under rules of court or regulations specifying the tribunal’s procedure, to be appointed as intervener or as counsel assisting the court or tribunal, or to take part in proceedings before the court or tribunal in another way permitted by those rules or regulations, if, in the Commission’s opinion, taking part in the proceedings in that way will facilitate the performance of its functions stated in paragraph (a):
(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:
(iii) [Repealed]
(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:
(l) to make public statements in relation to any group of persons in, or who may be coming to, New Zealand who are or may be subject to hostility, or who have been or may be brought into contempt, on the basis that that group consists of persons against whom discrimination is unlawful under this Act:
(m) to develop a national plan of action, in consultation with interested parties, for the promotion and protection of human rights in New Zealand:
(n) to exercise the following functions in relation to equal employment opportunities:
(i) to evaluate, through the use of benchmarks developed by the Commission, the roles that legislation, guidelines, and voluntary codes of practice play in facilitating and promoting best practice in equal employment opportunities:
(ii) to lead the development of guidelines and voluntary codes of practice to facilitate and promote best practice in equal employment opportunities (including codes that identify related rights and obligations in legislation) in accordance with paragraph (e):
(iii) to monitor and analyse progress in improving equal employment opportunities in New Zealand and to report to the Minister on the results of that monitoring and analysis:
(iv) to liaise with, and complement the work of, any trust or body that has as one of its purposes the promotion of equal employment opportunities:
(o) to exercise or perform any other functions, powers, and duties conferred or imposed on it by or under this Act or any other enactment.
(3) The Commission may, in the public interest or in the interests of a person, department, or organisation, publish reports relating generally to the exercise of its functions under this Act or to a particular inquiry by it under this Act, whether or not the matters to be dealt with in a report of that kind have been the subject of a report to the Minister or the Prime Minister. (Human Rights Act 1993, Sec. 5)