Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search


Complaint against Commissioner subject to HR Act

Media Release
12 March 2003

Complaint against Commissioner subject to provisions of Human Rights Act

A complaint made against the Race Relations Commissioner is barred from proceeding to the Human Rights Review Tribunal by Section 130 of the Human Rights Act. This does not preclude the complaint from being considered as part of a disputes resolution process.

Provisions ensuring Commissioners and other statutory officers from a number of organisations are able to carry out their duties effectively are contained in several legislative Acts, including the Human Rights Act.

The complaint to the Human Rights Commission was made under Section 61 of the Human Rights Act by Murray McCully MP following a speech the Commissioner gave in December last year.

The Commission sought external legal advice. This advice confirmed that the Section of the Act bars the Tribunal hearing any complaints made against Human Rights Commissioners in relation to any statement “made in good faith in the exercise of his or her duty as a Commissioner.” Section 130 of the Act also applies to Commission staff.

The Section does not appear to allow for this immunity to be waived either by the Race Relations Commissioner or the Commission on his behalf.

Human Rights Chief Commissioner Rosslyn Noonan says this provision of the Act exists to ensure Commissioners can effectively carry out the requirements of their role. The role of Human Rights Commissioners is defined by Section 5 of the Act.

“Parallel provisions relating to statutory officers and officials can be found in a number of other Acts.” Other bodies affected by these provisions include the Commerce Commission, the Commissioner for Children and the Office of the Ombudsmen.

“The Commission has offered to appoint an independent mediator to consider the complaint through a dispute resolution process. Mr McCully has declined this offer,” Ms Noonan said.


© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On The Peters/Ardern Triumph

There are a lot of good reasons to feel joyful about this outcome. It is what so many young voters – the best hope for the country’s future – wanted.

Far more important than the implications for the Economy Gods ( is the dollar up or down? ) last night’s outcome will also mean many, many vulnerable New Zealanders will have a better life over the next three years at least.

Yet the desire for change was in the majority, across the country..>>>More


Labour on its agreement |Peters: Post-Election Announcement Speech | Greenpeace “cautiously hopeful” about new Government | ACT - Madman on the loose | E tū ecstatic | Chamber welcomes the outcome | Greens on their joining Govt | EDS welcomes new govt | Immigrant groups worry | Feds ready to engage new coalition government | Labour Ministers of the Crown announced


Climate: Increasing Greenhouse Emissions Hit NZ

New Zealand is seeing impacts of excess greenhouse gas emissions in our climate and oceans, according to the latest national report from the Ministry for the Environment and Stats NZ about the state of the atmosphere and climate…More>>


Wellington.Scoop: Arrests At Blockade Of "Weapons Expo"

“We encourage people in Wellington to get down to the Westpac Stadium now for a day of awesome peace action. There will be plenty of food, music and activities to keep us sustained through the day.” More>>


Rorschach Restructuring: PSA Taking Inland Revenue To Court Over Psychometrics

The Public Service Association will be seeing Inland Revenue in Employment Court over its intention to psychometrically test employees reapplying for their roles at the department as part of its controversial Business Transformation restructuring plan. More>>


Nuclear Disarmament: Nobel Peace Prize 2017 Awarded To ICAN

Congratulations from iCAN Aotearoa New Zealand to international iCAN, the other iCAN national campaigns and partner organisations, and the countless organisations and individuals who have worked so hard for a nuclear weapons-free world since 1945. More>>


Expenses: Waikato DHB CEO Resigns

An independent inquiry has identified that Dr Murray had spent more than the agreed $25K allocated for relocation costs, and other unauthorized expenses involving potential financial breaches of the chief executive’s obligations. More>>


Wellington.Scoop: Sad About The Trolley Buses?

The Regional Council’s MetLink is today spending money to tell us that it really loves Wellington’s trolley buses, even though they’re all being taken off our roads by the end of this month. More>>


Post-Election: Preliminary Coalition Talks Begin

New Zealand First will hold post-election preliminary discussions in Wellington with the National Party tomorrow morning and the Labour Party tomorrow afternoon. More>>




Featured InfoPages

Opening the Election