More powers for Human Rights Commission

  • Amy Adams
Justice

A bill to give the Human Rights Commission greater flexibility in dealing with emerging human rights issues passed its second reading in Parliament today.

Justice Minister Amy Adams says the Human Rights Amendment Bill changes the composition, governance arrangements, functions and powers of the Commission.

“Currently the Human Rights Act requires there to be Commissioners for Race Relations and Equal Opportunities but does not allow for the creation of new formal leadership positions in other areas of human rights,” says Ms Adams.

“This Bill will address that inflexibility by revising the structure of the Commission and giving it stronger powers to address these issues as they arise in order to ensure we continue to meet our international and domestic human rights obligations,” says Ms Adams.

“In particular this includes the creation of a Commissioner to be formally responsible for disability rights,” says Ms Adams.

The Bill revises the structure of the Commission to:

  • Provide that dedicated commissioners be appointed to lead work in the priority areas of race relations, equal employment opportunities and disability rights.
  • Enable the Chief Commissioner to formally designate commissioners to lead work in other areas after consultation with the Minister of Justice and the other commissioners.
  • Increase flexibility to appoint more full-time commissioners, while retaining the ability to appoint suitably part-time qualified candidates who are not available to work full-time.

The Bill also revises the Commission’s functions to reflect and preserve its independence in activities it already undertakes, such as promoting New Zealand’s compliance with international human rights obligations, and expressing opinions on any situation where human rights may be infringed, including commenting on state sector practices, Bills before the House and Acts passed by Parliament.

The Bill now includes several changes recommended by the Justice and Electoral Select Committee. For example, it clarifies that the Chief Commissioner can only designate new priority areas in accordance with the Commission’s strategic direction, which will be determined by the commissioners collectively.

“The changes made by the Bill will deliver better results for the most vulnerable groups, give the Commission a clearer focus, and enhance its leadership role in protecting and promoting fundamental human rights,” says Ms Adams.