Dispute Resolution Team
The Dispute Resolution (DR) team provides
a free and confidential dispute resolution
service for people complaining about unlawful
discrimination under the Act. Dispute resolution
is a powerful tool that provides the parties with
an opportunity to resolve the complaint with
the help of a mediator.6 Dispute resolution also
educates and enables outcomes that address
systemic causes of discrimination.7
in 2022-23, the Commission facilitated the
highest number of mediations to date. The
increase in mediations reflects our increased
use of online mediations.
Discrimination complaints received by type
Unlawful discrimination is where a person or
group is treated differently or unfavourably
compared with someone else in the same
situation:
The dispute resolution process is flexible and
influenced by the nature of the complaint and
the needs of the people involved. As a first step,
the mediator may attempt the early resolution
of a complaint. This can involve the mediator
providing information to help parties resolve
the situation themselves, without a formal
process. Where early resolution is not suitable
or is unsuccessful in resolving a complaint, a
mediator may offer a more formal mediation
meeting that supports parties to safely work
through the issues and discuss ways to resolve
the complaint. Parties may involve support
people such as whānau, advocates or lawyers.
• because of one or more of the prohibited
grounds (also known as personal
characteristics)
• in an area of public life under the Human
Rights Act.
The Act also covers other forms of
discrimination, such as sexual or racial
harassment.8
Disability continues to be the most prevalent
ground for complaints, followed by ‘race-related’
complaints (the grounds of race, colour, or
ethnic or national origin).
During 2022-23, DR received 887 complaints
alleging unlawful discrimination. Although the
number of complaints referred to DR decreased
Table 2 shows the top four complaint grounds received where people alleged unlawful
discrimination.9
6
7
8
9
Year
Disability
Race-related
Sex
Age
2022/23
360
260
71
58
Mediators are dispute resolution practitioners who are impartial and fair. Mediators do not take the sides of any party to a
complaint or decide the outcomes for the parties.
Systemic outcomes are outcomes beyond the individual circumstances of a complaint and the parties involved, therefore
having a positive wider impact.
Other types of discrimination include sexual and racial harassment, racial disharmony, victimisation, where an employer
treats an employee adversely because the employee experienced family violence, conversion practices, and complaints
about advertisements.
Complaints may cite more than one ground. Therefore, the total number of grounds does not reflect the total amount of
complaints.
33