Part 2 s 71
71
Human Rights Act 1993
Version as at
1 July 2024
Reports on superannuation schemes
The Commission shall from time to time, after consultation with the FMA,
report to the Minister on whether discrimination on the prohibited grounds has
been eliminated from superannuation schemes.
Compare: 1977 No 49 s 89
Section 71: amended, on 1 May 2011, by section 85(1) of the Financial Markets Authority Act 2011
(2011 No 5).
72
Power to vary trust deeds
(1)
Notwithstanding any Act or rule of law or the provisions of the instrument or
conditions governing any superannuation scheme, the trustees of the scheme,
or the manager of the scheme with the supervisor’s consent, may make such
amendments to that instrument or those conditions as are necessary or desirable
to give effect to the provisions of sections 22, 44, and 70.
(2)
Every amendment to the provisions of an instrument or conditions governing
any superannuation scheme made under subsection (1) on or after the com‐
mencement of the Human Rights Amendment Act 1994 must be made by deed.
Section 72: substituted, on 9 December 1994, by section 7 of the Human Rights Amendment Act
1994 (1994 No 138).
Section 72(1): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and
Amendments) Act 2013 (2013 No 70).
Other matters
73
Measures to ensure equality
(1)
Anything done or omitted which would otherwise constitute a breach of any of
the provisions of this Part shall not constitute such a breach if—
(2)
60
(a)
it is done or omitted in good faith for the purpose of assisting or advanc‐
ing persons or groups of persons, being in each case persons against
whom discrimination is unlawful by virtue of this Part; and
(b)
those persons or groups need or may reasonably be supposed to need
assistance or advancement in order to achieve an equal place with other
members of the community.
Nothing in this Part—
(a)
limits the power of the Crown to establish or arrange work or training
schemes or employment assistance measures, eligibility for which may,
in whole or in part, be determined by a person’s age, employment status,
or family status; or
(b)
makes it unlawful for any person to recruit or refer any other person
who is of a particular age or of a particular employment status or of a
particular family status for any work or training scheme or employment
assistance measure that is established or arranged by the Crown, the eli‐