13.
The Human Rights Amendment Act 2016 resulted in some changes to the statutory
functions of the Human Rights Commission and the role of both the Race Relations and
Equal Employment Opportunities Commissioners. The relevant aspects of these
changes are as follows:
(a) The primary functions of the Commission were amended to specifically include
the function of promoting racial equality and cultural diversity (new section
5(1)(c)) along with additional primary statutory functions of promoting equal
opportunities (including pay equity) and promoting and protecting the full
enjoyment of human rights by people with disabilities.
(b) The legislation previously provided for the appointment of a Race Relations
Commissioner, Equal Employment Opportunities Commissioner, a Chief Human
Rights Commissioner and up to three other part-time Commissioners. There
was no statutory requirement for the appointment of a Disability Rights
Commissioner but, in practice, one of the part-time human rights
commissioners was designated as the human rights commissioner with
responsibility for disability rights.
(c) The 2016 amendments now require the appointment of a Chief Commissioner
and not less than 3, but no more than 4, other Commissioners. It is stipulated
that there must be a commissioner appointed to lead the work of the
commission in the priority areas of disability rights (the Disability Rights
Commissioner), equal employment opportunities (the Equal Employment
Opportunities Commissioner) and race relations (the Race Relations
Commissioner).
14.
Although there have been some structural changes to the legislation, in practice there
remains a clearly identifiable, and specifically named, Race Relations Commissioner
who has a broad range of statutory powers and functions. The changes have not
resulted in any actual or substantive change to the independence or accessibility of the
Race Relations Commissioner.
15.
Since 2011 a Human Rights Commissioner has been designated with responsibility for
indigenous rights. However, there is no statutory requirement to appoint an
“Indigenous Rights Commissioner”.
Recent Initiatives of the Race Relations Commissioner
16.
Recent activities of the Race Relations Commissioner include the successful “That’s Us”
campaign against casual racism which encouraged people to share their stories and
experiences of racism (www.thatsus.co.nz) and the recently launched “Give Nothing to
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