The Commission also noted an increase in the
number of complaints relating to other types of
discrimination, such as racial harrassment (49)
and sexual harrassment (70).
• A job reference to support an employee to
find work
Discrimination complaints received by area
of life
• Reimbursement of lost wages.
Of the 887 complaints alleging discrimination
in 2022-23, 268 were received about the public
sector (government)10 and 518 about the private
sector. 103 complaints involved both sectors.
Systemic outcomes for the period include:
People told us they experienced discrimination
when engaging with government (268
complaints), in employment and preemployment11 (264 complaints), and in
the provision of goods and services (242
complaints).
The Act distinguishes between unlawful
discrimination in the public sector and the
private sector.
Dispute resolution in action
Dispute resolution outcomes are focused on
addressing harm and influencing broader
change. Mediators are impartial and help guide
parties through a respectful, solution-focused
process. Any outcomes must be agreed by the
parties involved.
Dispute resolution outcomes this year include:
• Acknowledgement and apology
• Compensation
• Acknowledgement and agreement to not
discriminate in future
10
11
12
34
• Reasonable accommodation made for a
disability12
• Improved access to the provision of goods
and services
• Amendment of public and private policy and
changes in practice
• Anti-discrimination programmes and policy
• Removal of discriminatory material from
publications, including websites.
In 2022-23, the Commission achieved 1454
outcomes for complainants and respondents,
90 of which were systemic outcomes. The
following are some examples of outcomes in
2022-23.
Disability discrimination
Disability discrimination was the most prevalent
ground for complaints and this was reflected in
our outcomes for disabled people:
• Mask exemptions
A patient complained a medical facility
did not accept their mask exemption and
refused them entry to an appointment. The
complainant had a disability that prevented
them from wearing a mask. The mediator
facilitated communication between the
parties, who were able to reach an agreement
Section 20J of the Human Rights Act and section 3 of the New Zealand Bill of Rights Act 1990 defines the ‘public sector’. This
only includes 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.
The Commission’s pre-employment guidelines on how employers, recruiters and job seekers can comply with the Human
Rights Act are available at: https://tikatangata.org.nz/resources-and-support/guidelines/pre-employment-guidelines
Reasonable accommodation’ means:
• necessary and appropriate modification and adjustments,
• not imposing a disproportionate or undue burden,
• where needed in a particular case,
• to ensure persons with disabilities enjoy or exercise the same rights as others on an equal basis.
A guide on reasonable accommodation is available at: https://tikatangata.org.nz/resources-and-support/guidelines/
reasonable-accommodation-guidelines
Pūrongo ā-tau Annual Report 2023