tool from the NZ Council for Educational Research to better accommodate
students with a disability, a recruitment firm agreeing to no longer
advertise with ‘English as a first language’ as a requirement, a retail outlet
changing procedures to recognise transgender customers, an employer
developing a performance management system to ensure fairness where
there is a disability, and a booking agency removing the premium it
charged for people in a wheelchair.
Section 5 Enquiries and
Complaints other than
unlawful discrimination
– broader human rights
enquiries and complaints
Section 5 of the Human Rights Act gives the Commission broad powers to
advocate for and promote human rights and the discretion to assist with
issues and complaints outside the scope of the unlawful discrimination
(Part 1A and Part 2) provisions of the Act. Of the 5140 enquiries and
complaints received this year (excluding queries about publications),
3754 or 73 percent were related to human rights other than unlawful
discrimination. The majority of these matters (75 percent, 2820) were
responded to quickly by Infoline (providing information, discussing options
for self-help, referral to another agency or service provider) while the
remainder required legal advice, a specialist human rights policy response
or assistance with advocacy or communications. Ninety-four percent of
all enquiries and complaints were acknowledged or closed within three
days of being received.
The broader human rights issues prominent over the year were the
debate on euthanasia, the human rights dimensions of the Trans Pacific
Partnership, the Government health strategy and the housing crisis. There
was also significant interest in transgender issues over the last few months
of the year. The Commission considered enquiries and complaints from
service providers, employers and people transitioning from one gender
status to another in the context of school, work, gyms, employment in
private houses, insurance policies and sports competitions.
The effect of the Canterbury earthquakes, in particular on mental health,
continued to be felt through requests for help with insurance claims,
health advocacy and city planning. There was interest in men’s rights,
netsafe and internet concerns, school bullying and violence, work
conditions for migrant workers and public concern about visas being
declined for people with disabilities.
The Commission responded to the wide variety of enquiries and
complaints outside of the discrimination provisions by providing
suggestions for action, making submissions, direct assistance, advocacy,
media releases, low level dispute resolution, legal advice and provision
of information through the website or Commission publications. The
Commission continues to actively expand its social media reach and
engagement, and statistics indicate we reached more than 5.5 million
people during 2015/16; engaging with more than 286,000 people in
the process.
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Human Rights Commission