1. Discrimination and Human Rights
Human Rights Act Bill of Rights

2. What we’ll cover
Summary of laws relevant to discrimination and human rights
When discrimination is against the law
What you can do about illegal discrimination

3. The Human Rights Act 1993 Bans certain kinds of discrimination
Applies to private sector (businesses, individual landlords etc)
Establishes a complaints process

4. The NZ Bill of Rights Act 1990
Covers only government / public bodies
Protects human rights, for example -
no discrimination
citizens can move around NZ freely
freedom of religion, culture, language
no unreasonable search, seizure or detention
Various remedies developed by Courts

5. UN declarations & conventions
Three relevant UN documents –
UN Principles for Protection of Persons with Mental Illness and for Improvement of Mental Health Care (1991)
UN Declaration on Rights of Disabled Persons (1975)
UN Convention on Rights of Persons with Disabilities (2006)
Not directly enforceable in NZ

6. Discrimination by private organisations and individuals
It’s illegal when –
You’re treated differently from other people
Because of one of the grounds in the Human Rights Act
In one of the areas of life specified in the Act

7. The illegal grounds of discrimination
They include “disability”, which includes –
Physical disability or impairment
Physical illness
Psychiatric illness
Intellectual or psychological disability or impairment
Any other loss or abnormality of psychological, physiological, or anatomical structure or function
Reliance on a guide dog, wheelchair, or other remedial means
The presence in the body of organisms capable of causing illness

8. Areas of life covered by Human Rights Act
Employment
Access to public places, vehicles and facilities
Goods and services provided to the public
Housing and accommodation
Education
Partnerships
Qualifying bodies, vocational training bodies, and industrial and professional associations

9. Exceptions that allow discrimination
Private situations, such as –
Jobs in private homes
Shared accommodation as flatmates
Positive discrimination
Discrimination to help social groups who’ve been disadvantaged by discrimination
Sometimes called “affirmative action”

10. Discrimination by government departments and other public bodies
Effect of Bill of Rights
Illegal to discriminate on grounds in Human Rights Act
Covers all conduct and activities of public bodies
Exceptions for ‘justified’ discrimination and ‘positive’ discrimination
Complaints go to Human Rights Commission

11. Direct and indirect discrimination
Two types, and both are illegal
Direct – discrimination on the basis of one of the illegal grounds
Indirect – conduct that seems to be neutral but has effect of discriminating

12. Who can I complain to?
Both private sector and public sector can complain to the Human Rights Commission
Complaint doesn’t have to be in writing
Phone YOUR RIGHTS ( )
Complaint form at

13. What will the Human Rights Commission do?
The Commission –
Will investigate
Try to resolve the problem through mediation
Can send your case to The Director of Proceedings and Human Rights Review Tribunal

14. The Human Rights Review Tribunal
A special court
Deals with breaches of Human Rights Act, Code of Rights and Privacy Act
The Tribunal can order the discriminator to, for example –
stop discriminating
pay you compensation