Discrimination and Human Rights: An Overview of Remedies

Abstract

Up until 10 August 1993, New Zealand's anti-discrimination law consisted of three statutes: The Employment Contracts Act 1991, The Race Relations Act 1971 and The Human Rights Commission Act 1977. There is also the Equal Pay Act 1972, which abolished gender based wage differentials in industrial awards but this is of less practical significance now and accordingly is not considered further. The Human Rights Act 1993 repeats and replaces the latter two Acts from 1 February 1994. The new Act provides protection from discrimination not only in the employment relationship, but also in such areas as the provisions of goods and services, accommodation, advertising and access to public places. In the employment context, the new Act mirrors the protection provided by the Employment Contracts Act and in some areas strengthens it. The two Acts stand alongside one another providing alternative routes for the aggrieved employee. The existence of two regimes means that an act of discrimination may result in proceedings under either statute with different remedies. It is therefore necessary to examine both statutes when considering remedies.