Unlawful Discrimination Enquiries and Complaints Part1A and Part 2 (Grouped by Ground)
354
Disability
Race related grounds consolidated*
338
Sex
177
Age
117
Racial harassment
80
Sexual harassment
78
Family status
77
Religious belief
49
Racial disharmony
35
Employment status
28
Sexual orientation
27
Ethical belief
15
Marital status
14
Victimisation
8
Political opinion
4
0
50
100
150
200
250
300
350
400
* Colour, race, national origin
Of the 3341 complaints requesting the Commission’s help to resolve
their human rights complaint, 1122 were complaints alleging unlawful
discrimination under the Human Rights Act 1993. Issues of unlawful
discrimination fall into two categories: the public sector (Part 1A of the
Human Rights Act 1993), with 31 per cent of enquiries and complaints,
and the private sector (Part 2 of the Human Rights Act 1993), with
69 per cent.
Enquiries and complaints under Part 1A of the Human Rights Act 1993
(which deals with discrimination by government and bodies acting with
legal authority) can be complex.
This year 408 Part 1A enquiries and complaints were received, compared
with 443 last year. Part 1A complaints of unlawful discrimination often
address the test of section 5 – justifiable limitation, or section19(2) – special
measures of the Bill of Rights Act 1990. In some cases, differential treatment
may not be unlawful if it can be justified for the public good, or is needed
to enable a particular group of people to achieve equality with others. The
lawfulness of student loans being restricted by age (loans are not available
to people over 55) and the provision of hospital funded transport assistance
for certain Mäori, Pacific and Quintile 5 patients was queried this year.
14
Human Rights Commission