HUMAN RIGHTS IN NEW ZEALAND 20 1 0 The census questions were reviewed after the 2001 the grounds of discrimination for special measures to Census, and Statistics New Zealand proceeded with the achieve equality. The Commission is required by the act to same questions in 2006. Overall, for the 2011 Census promote understanding of the human rights dimensions of there will be minimal change, no new topics and improved the Treaty of Waitangi. data quality. 10 A key objective is not only to take account of changing definitions of ethnicity, but also to develop more consistency across all data collection by government agencies. The HRA provides a dispute-resolution mechanism for complaints about racial discrimination, racial harassment and creating racial disharmony. Where disputes cannot be resolved by mediation and related options, complaints The Treaty of Waitangi can be referred to the Human Rights Review Tribunal. The The Treaty of Waitangi is a fundamental reference point Office of Human Rights Proceedings may provide legal for race relations and human rights in New Zealand. The representation subject to certain criteria. chapter on human rights and the Treaty deals specifically The Broadcasting Act (1989) provides for the Broadcast- with indigenous rights and the relationship between Mäori ing Standards Authority to set broadcasting standards and iwi, hapü and whänau and the Government, but the to consider public complaints about breaches of these. Treaty is the founding document of the nation and applies equally to all. It recognises the right of everyone to belong in New Zealand and to enjoy equal rights. Legislation The New Zealand Bill of Rights Act 1990 (BoRA) guarantees freedom from discrimination and the rights of minorities. It states that a person who belongs to an ethnic, religious, or linguistic minority in New Zealand shall not be denied the right, in community with other members of that minority, to enjoy the culture, to profess and practise the religion, or to use the language, of that minority. The standards include a requirement for accuracy, fairness and balance, and no denigration of ethnic groups. The Summary Offences Act 1981 contains a range of offences, including disorderly behaviour, offensive behaviour, offensive language, intimidation, assault and damage to property that apply to instances of racially motivated hate crime. Although the Summary Offences Act does not list offences that are specifically racially motivated, the Sentencing Act 2002 makes it an aggravating factor in sentencing if the offender commits an offence partly or wholly because of hostility towards a group of persons The Human Rights Act 1993 (HRA) establishes the Human who have an enduring common characteristic, such as Rights Commission with primary functions to: race, colour, nationality, religion, gender identity, sexual • advocate and promote respect for, and an under- orientation, age, or disability. standing and appreciation of, human rights in New Zealand society • encourage the maintenance and development of Racial discrimination in employment and accommodation are further prohibited in the Employment Relations Act 2000 and the Residential Tenancies Act 1986. The harmonious relations between individuals and among Employment Relations Service and Tenancy Services the diverse groups in New Zealand society. offer mediation to settle differences. If these cannot be The HRA provides for the position of Race Relations resolved, they can be referred to the Employment Commissioner to lead the Commission’s work on race Relations Authority or the Tenancy Tribunal. relations. Other relevant legislation, including the Education Act The HRA prohibits discrimination on the grounds of colour, and Electoral Act, are discussed in other sections of this race, and ethnic or national origins, and also prohibits (in report. See especially the chapters on human rights and specified circumstances) racial harassment and inciting the Treaty of Waitangi, the right to education and demo- or exciting racial disharmony. It provides exceptions to cratic rights. 10 Statistics New Zealand, 2011 Census Content Report. Accessed 9 November 2009 from http://www.stats.govt.nz/Census/2011census/2011-census-content-report.aspx 61