New Human Rights Law for New Zealand
By Robyn Hunt (robyn@iecho.co.nz)
New Human Rights legislation will be introduced in New Zealand later this year.
Associate Justice Minister Margaret Wilson has announced that the Government has decided in principle that the Bill of Rights Act will be used as the anti-discrimination standard for the government. The areas of employment law and related issues, such as sexual harassment, will continue to be covered by the Human Rights Act.
The new legislation will cover the government's obligations under anti-discrimination laws.
Currently, the Government is exempt from the provisions of the Human Rights Act, which outlaws discrimination on a variety of grounds, including disability and age. This exemption is due to expire at the end of this year.
This will mean that the government will not be able to discriminate unless the action is "demonstrably justified in a free and democratic society", such as age restrictions on buying alcohol and providing benefits for people unable to work.
Draft legislation will be introduced to Parliament in time for public discussion and submissions before coming into force before the end of this year.
The current Human Rights Act will continue to apply in the private and not for profit sectors.
This announcement is part of a move to ensure Government complies with human rights law, and to strengthen human rights generally in New Zealand
Responses from disability advocacy groups have been cautious. Gary Williams, CEO of DPA said 'We haven't enough information to make an informed comment. However we are pleased that the Commission will have a more educative role and the possibility of increased consultation and participation by all groups of people who are protected specifically by the HR Act.'
While more detail is still to be decided, the direction signalled earlier by the government appears to be clear.
A new Human Rights Commission will be established, with the same name as the previous institution, but incorporating the office of the Race Relations Commissioner.
The role of the new Commission will be expanded. It will provide strategic leadership, education, advocacy and human rights policy advice
Staff will include the Chief Human Rights Commissioner, Race Relations Commissioner and five part-time Commissioners
The commission's new role will be to intervene in matters of public importance Develop an organisational plan for the new Human Rights Commission and develop a national Plan of Action - a strategic blueprint for the development of New Zealand Human Rights. There will be an increased focus on international human rights instruments.
All government activity including legislation, policies and practices will be subject to the Bill of Rights Act standard.
All discrimination complaints, including those against the government will go to the new Human Rights Commission. If mediation is unsuccessful or inappropriate the matter can be referred to the separate Office of Human Rights Proceedings. The director of the Office will decide whether the matter will proceed to the Human Rights Review Tribunal. The dispute resolution process will be fully publicly funded.
There is a new remedy for government actions if the Bill of Rights Act is breached. The new Human Rights Review Tribunal or the High Court may make a Declaration of Inconsistency (for legislation). Parliament will then decide how to respond.
Other remedies under the Human Rights Act are substantially unchanged. They include declarations of breach or illegal contract, restraining order, costs and damages.
Rights Protected
A Bill threatening the rights of people with intellectual disabilities has been substantially changed as a result of pressure from the community.
It no longer covers adults and children with intellectual disabilities who are not offenders.
The original proposal was for the compulsory detention of people With intellectual (developmental or learning) disabilities who, had not offended but were considered to be a risk to themselves and others, has been removed.
As well as widespread community disquiet, the Human Rights Commission warned Parliament that the original Bill was likely to be in breach of the Bill of Rights Act, which protects people from discrimination.
The Human Rights Commission's submissions to the Parliamentary Select Committee said that the original Bill exposed people with disabilities, who had done nothing wrong, to the risk of indefinite preventative detention.
"People with intellectual disabilities should not be subjected to discriminatory treatment out of ignorance and fear at behaviour perceived to be different," said Human Rights Commissioner Ross Brereton.
The Bill and related amendments to the Criminal Justice Act have been 8 years in the making.
"This bill has been a long time coming, and too many people with disabilities have been jailed by a criminal system they cannot understand in that time," said Brereton.
The major parliamentary opposition party has indicated that it will oppose the Bill and push for wider coverage.
The Bill is likely to become law within the next few months.
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