Human Rights Commission (New Zealand) Explained

Agency Name:Human Rights Commission
Type:Independent Crown entity
Headquarters:Level 8, 44–52 The Terrace, Wellington 6011
Chief1 Name:Stephen Rainbow
Chief2 Name:Melissa Derby
Chief3 Name:Gail Pacheco
Chief4 Name:Prudence Walker
Keydocument1:Human Rights Act 1993

The Human Rights Commission (Māori: Te Kāhui Tika Tangata) is the national human rights institution (NHRI) for New Zealand. It operates as an independent Crown entity, and is independent from direction by the Cabinet.

Legislation and functions

The commission was formed in 1977, and currently functions under the mandate of the Human Rights Act 1993. The Office of the Race Relations Conciliator was consolidated with the Human Rights Commission by an amendment to the Human Rights Act in 2001. The commission's primary functions are to "advocate and promote respect for, and an understanding and appreciation of, human rights in New Zealand society, and to encourage the maintenance and development of harmonious relations between individuals and among the diverse groups in New Zealand society".

The commission's functions include providing a dispute resolution service for complaints of unlawful discrimination, and racial or sexual harassment.

Commissioners

Chief Commissioner – Dr Stephen Rainbow
Race Relations Commissioner – Dr Melissa Derby
EEO (Equal Employment Opportunities) Commissioner – Dr Gail Pacheco[1]
Disability Rights Commissioner – Prudence Walker

Jeremy Pope served as a Commissioner until his death in August 2012.

Race relations

The 1993 Act transformed the previous Race Relations Conciliator into a Race Relations Commissioner. Holders of the position have been:[2] [3]

International status

The commission is one of some 70 NHRIs accredited by the International Co-ordinating Committee of NHRIs (ICC), a body sponsored by the Office of the United Nations High Commissioner for Human Rights (OHCHR). The commission's "A status" accreditation allows it special access to the United Nations human rights system, including speaking rights at the Human Rights Council and other committees. The commission has presented parallel reports ("shadow reports") to several UN treaty committees examining New Zealand's compliance with international human rights instruments. From 2010 to 2012 the Commission chaired the ICC, and the Asia Pacific Forum of NHRIs, one of four regional sub-groups of NHRIs.

History

Review of human rights

In 2010 the Commission conducted a publicly available review of human rights in New Zealand in order to both identify the areas in which New Zealand does well, and where it could do better to combat persistent social problems. The 'report card' was an update of the Commission's first report in 2004, and led its work for the next five years.[13] The report noted steady improvements in New Zealand's human rights record since 2004, but also "the fragility of some of the gains and areas where there has been deterioration." In the report, the Commission identified thirty priority areas for action on human rights in New Zealand under a number of sections: general; civil and political rights; economic, social and cultural rights; and rights of specific groups.

Inquiry into culture and processes

In February 2018, Justice Minister Andrew Little commissioned an ministerial inquiry into the commission by retired judge Coral Shaw, following media reports of a sexual harassment scandal there.[14] Sunday Star-Times journalist Harrison Christian had earlier reported a young American woman cut short her internship at the commission after she was groped by the organisation's chief financial officer at a work party.[15] Shaw's review found the commission had failed in its handling of sexual harassment claims.[16]

Housing Inquiry

In August 2021, the Human Rights Commission launched an inquiry into the housing crisis, stating that successive governments had failed to meet their obligations according to international law, specifically to the right to a decent home.[17] The initial phase of the inquiry resulted in the release of a report focused on strengthening accountability and participation in the housing system, with further work done to develop a tool called "Measuring Progress", designed to evaluate the state of housing against key indicators and international human rights obligations.[18] The second phase of the inquiry has been on emergency housing and the conditions and protections of renters as key topic areas. The inquiry is expected to conclude mid-2023.

2023 resignation of race relations commissioner

On 16 June 2023, Meng Foon resigned from his position as Race Relations Commissioner after failing to declare several conflicts of interest as required under the Crown Entities Act. Foon served as the director of an emergency housing company that had received income from government payments including over NZ$2 million in emergency accommodation funding. The Human Rights Commission had conducted an internal investigation into Foon's interests including emergency accommodation funding.[19] [20] Foon disputed that he had failed to declare his conflict of interest regarding the emergency accommodation funding and claimed that he had declared these interests prior to assuming his role as Race Relations Commissioner. Earlier in April 2023, Foon had attracted controversy for donating to both members of the Labour and National parties.[21]

In 2023, Claire Charters joined the Commission; her post was in the area of Indigenous Peoples’ rights.[22]

2024 leadership changes

On 16 August 2024, Justice Minister Paul Goldsmith appointed several new leaders to the Human Rights Commission including former Wellington City Councillor and management professional Stephen Rainbow as chief human rights commissioner, Auckland University of Technology economics professor Gail Pacheco as equal employment opportunities commissioner, and University of Waikato education senior lecturer and New Zealand Free Speech Union member Melissa Derby as former race relations commissioner.[23] Left-wing blogger Martyn "Bomber" Bradbury and The Spinoff editor Madeleine Chapman criticised the appointment of Rainbow and Derby for their alleged transphobic views and Rainbow's pro-Israel views.[24] [25]

See also

Notes and References

  1. Web site: New Chief Human Rights Commissioner appointed . 16 August 2024 . New Zealand Government . Paul . Goldsmith.
  2. Web site: Race Relations Conciliators Interviewed . scoop.co.nz . 2006 . The first Conciliator, Sir Guy Powles, was appointed in December 1971 and held the post for 18 months. He was succeeded by Harry Dansey. Subsequent Conciliators have been Hiwi Tauroa, Walter Hirsh, Chris Laidlaw, John Clarke, Rajen Prasad, Gregory Fortuin and Joris de Bres. The current Race Relations Commissioner is Susan Devoy. . 12 October 2011.
  3. Web site: Race Relations Commissioners and Conciliators mark significant anniversary. Human Rights Commission. 25 March 2015. 2015.
  4. Web site: Powles, Guy Richardson – Biography – Te Ara: The Encyclopedia of New Zealand . teara.govt.nz . 2011 . Government confidence in the office became such that the ombudsman’s responsibilities were extended to cover hospital boards and education authorities (1968) and territorial and other local government authorities (1975). From 1971 to 1973 Powles was also race relations conciliator. He undertook special inquiries into the New Zealand Security Intelligence Service (SIS) and the Auckland maximum security prison at Paremoremo. Designated chief ombudsman in 1975, he retired on 5 April 1977. In September 1976 the International Ombudsman Conference, meeting at Edmonton, Canada, carried a unanimous vote of appreciation and respect for Sir Guy Powles. From May to October 1978 he was resident consultant at the International Ombudsman Institute in Edmonton. . 12 October 2011.
  5. Web site: Massey News | Honouring Hiwi Tauroa . massey.ac.nz . 2011 . 12 October 2011.
  6. Web site: Inmagic DB/Text WebPublisher PRO: 1 records . aucklandcity.govt.nz . 2011 . FIRST MAORI PRINCIPAL of a SECONDARY SCHOOL Thought to be Mr Edward Te Rangihiwinui Tauroa of Wesley College, Paerata. . 12 October 2011.
  7. Web site: G21 ASIA – 'Fortuin's Challenge' . generator21.net . 2010 . he took up the post as New Zealand Race Relations Conciliator, in succession to Rajen Prasad, on May 1st, . 12 October 2011.
  8. Web site: RELATIONS CONCILIATOR OF NEW ZEALAND . un.org . 2011 . Statement by Gregory Fortuin, Race Relations Conciliator . 12 October 2011.
  9. Encyclopedia: Race Relations Conciliator Gregory Fortuin – South Africans . . teara.govt.nz . 2011 . With a mixed racial African and Afrikaner background, Gregory Fortuin, shown here in 2001, grew up near Cape Town. Classified as a ‘coloured’, he experienced discrimination under the apartheid regime. He took his family to live in Australia in 1986, and arrived in New Zealand in 1991. He was New Zealand’s race relations conciliator from 2001 to 2002. . 12 October 2011.
  10. Web site: Joris de Bres . Human Rights Commission . 2011 . Joris de Bres has been New Zealand’s Race Relations Commissioner since 2002. He was previously General Manager, External Relations in the Department of Conservation and head of industrial relations for the New Zealand Public Service Association. . 12 October 2011 . dead . https://web.archive.org/web/20111017094946/http://www.hrc.co.nz/human-rights-environment/about-the-human-rights-commission/commissioners/joris-de-bres/ . 17 October 2011 . dmy-all .
  11. Web site: Race Relations Commissioner Dame Susan Devoy. 25 March 2015. 2015.
  12. Web site: Little . Andrew . Race Relations Commissioner appointed . Beehive.govt.nz . New Zealand Government. 11 July 2019 . https://web.archive.org/web/20201111221757/https://www.beehive.govt.nz/release/race-relations-commissioner-appointed. 11 November 2020. live.
  13. Web site: Human Rights in New Zealand 2010 . Human Rights Commission. 25 March 2015.
  14. Web site: Government orders review of culture at HRC after sexual harassment scandal. Stuff.
  15. Web site: Human Rights Commission finance boss sexually harasses young intern, keeps job. Stuff.
  16. Web site: Human Rights Commission failed following sexual harassment claims – review. Stuff.
  17. Web site: 2021-08-02 . Human Rights Commission launches national inquiry into housing crisis . 2023-06-20 . RNZ . en-nz.
  18. Web site: Inquiry into the Right to a Decent Home . 2023-06-20 . tikatangata.org.nz . en.
  19. News: Meng Foon resigns as Race Relations Commissioner . 17 June 2023 . . 16 June 2023 . https://web.archive.org/web/20230617013350/https://www.rnz.co.nz/news/political/492119/meng-foon-resigns-as-race-relations-commissioner . 17 June 2023.
  20. News: Meng Foon resigns after $2m in Govt payments not 'adequately declared' . 17 June 2023 . . . 16 June 2023 . https://web.archive.org/web/20230617015052/https://www.1news.co.nz/2023/06/16/meng-foon-resigns-after-2m-in-govt-payments-not-adequately-declared/ . 17 June 2023.
  21. News: Witton . Bridie . Race Relations Commissioner Meng Foon donated to both Labour and National . 17 June 2023 . . 21 April 2023 . https://web.archive.org/web/20230421041820/https://www.stuff.co.nz/national/politics/131835316/race-relations-commissioner-meng-foon-donated-to-both-labour-and-national . 21 April 2023.
  22. Web site: Law professor Claire Charters joins Human Rights Commission . . March 8, 2023. University of Auckland . 2024-07-07.
  23. News: New leadership announced for Human Rights Commission . 19 August 2024 . . 17 August 2024 . https://web.archive.org/web/20240817062121/https://www.rnz.co.nz/news/political/525363/new-leadership-announced-for-human-rights-commission . 17 August 2024.
  24. Web site: Bradbury . Martyn . Installing Israeli Apologist and Free Speech Stormtrooper onto Human Rights Commission undermines our collective human rights mana . The Daily Blog . 19 August 2024 . https://web.archive.org/web/20240819020659/https://thedailyblog.co.nz/2024/08/19/installing-israeli-apologist-and-free-speech-stormtrooper-onto-human-rights-commission-undermines-our-collective-human-rights-mana/ . 19 August 2024 . 19 August 2024 . live.
  25. News: Chapman . Madeleine . Can you be a human rights commissioner and transphobic at the same time? . 19 August 2024 . . 17 August 2024 . https://web.archive.org/web/20240816214700/https://thespinoff.co.nz/media/17-08-2024/can-you-be-a-human-rights-commissioner-and-transphobic-at-the-same-time . 16 August 2024. live.

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