The Human Rights Act (HRA) and the
Commission’s role
The long title of the HRA provides that its
purpose is “to provide better protection of
human rights in New Zealand in general
accordance with United Nations Covenants or
Conventions on Human Rights.” This provides
the platform upon which the Commission’s
statutory role and functions rest.
Most of the Commission’s functions are set out
across Parts 1 and 3 of the HRA:
• Part 1 sets out the role of the Commission,
including its primary and general human
rights functions, the role of Commissioners,
the setting of priorities and portfolio
responsibilities and the Commission’s
independent role and relationship with the
government.
• Part 3 sets out the functions of the
Commission’s information and dispute
resolution service (including mediation)
that applies to complaints of discrimination,
including the role of the Director of Human
Rights Proceedings and their Office.
Together, these Parts of the HRA provide the
Commission with a very broad set of functions
and responsibilities. For example, we:
• lead the work of the Commission in priority
areas, including leading discussions and
providing advice and leadership in those
matters
• respond to thousands of human rights
enquiries and complaints every year
• provide a free dispute resolution service to
resolve complaints regarding sexual and racial
harassment and other forms of discrimination
• from August 2022, we provide education,
support and dispute resolution services to
respond to complaints regarding conversion
practices
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Pūrongo ā-tau Annual Report 2023
• the Office of Human Rights Proceedings
provides free legal representation to people
taking discrimination-related claims to the
Human Rights Review Tribunal
• produce sector-specific guidelines on human
rights
• appear as an intervener in court cases that
have implications for human rights law in
New Zealand, including appearances in the
Supreme Court and Court of Appeal
• make submissions and provide duty-bearers
(central government, local government,
businesses) with human rights advice. This
recently included advice and input into
DPMC’s development of a Preventing and
Countering Violent Extremism Strategy and
the Ministry of Justice work on reform of the
hate speech laws
• undertake high profile public campaigns
to raise awareness of human rights and
important human rights issues. The Give
Nothing to Racism campaign is a recent
example
• undertake inquiries into systemic human
rights issues. Many of the Commission’s
inquiries have had a significant influence on
law and policy, such as the Pacific Pay Gap
Inquiry, To Be Who I Am inquiry on transgender
rights and the Caring Counts inquiry into the
working conditions of the aged care sector
workforce
• are New Zealand’s Central National
Preventive Mechanism under the Crimes of
Torture Act 1988, co-ordinating site visits
to places of detention and secure units; the
investigatory visits are carried out by four
agencies, including the Ombudsman and the
Independent Police Conduct Authority