Ref: 129869
Monday 15 July 2019
Byron Clark
By FYI
Tēnā koe Byron,
Response to your request for Official Information
On 17 June 2019, you requested the following information from the Human Rights
Commission (“the Commission”):
1.
How many instances are there where the human rights review tribunal has
found that a person breached s 61?
2.
How many instances are there where the human rights commission has
been involved in a settlement being reached in relation to a complaint about
possible breaches of s 61?
3.
How many complaints have been made to the human rights about possible
breaches of s 61?
4.
How many times did the HRC take action in relation to a complaint about
possible breaches of s 61?
Human Rights Review Tribunal
The Commission is not aware of any instance where the Human Rights Review
Tribunal (“Tribunal”) has found that a person breached s 61.
However, the Commission does not hold comprehensive information on the Tribunal
cases or findings. The
Tribunal’s decisions are publicly available on the Ministry of
Justice website.
Settlement Agreements
Between 1 June 2016 – 1 June 2019, the Commission has not mediated any
complaints under s 61 of the Human Rights Act (“the Act”), and therefore has not
been involved in any settlements.
As you may know,
Wall v Fairfax is one of the few cases under s 61 to go through
the Tribunal. It was held there that s 61 established a high threshold and was
targeted to racist speech at the serious end of the spectrum.
Level 8, 44 The Terrace, Wellington
PO Box 10424, The Terrace, Te Whanganui a Tara Wellington, Aotearoa New Zealand
Waea Telephone +64 4 473-9981 Waea Whakaahua Facsimile +64 9 377-3593
Infoline Toll free 0800 496 877 / TTY
[Human Rights Commission request email] www.hrc.co.nz
Complainants who raise complaints under s 61 are often advised that their complaint
does not meet the threshold established in
Wall v Fairfax to come within the
Commission’s jurisdiction to mediate.
Complaints and action taken
Between 1 June 2016 – 1 June 2019, the Commission received 168 complaints
which alleged racial disharmony under s 61 of the Act.
As stated above, the Commission did not carry out any mediations on these
complaints; however, one complainant was offered mediation, but this option was
declined by the respondent.
Beyond an offer of mediation, the Commission cannot compel a person to participate
in dispute resolution. Instead, the Human Rights Review Tribunal and the courts
have the powers to make a decision on whether the facts before them result in a
breach of s 61.
Alternative avenues
If you are unhappy with this response, under the Official Information Act you are
entitled to complain to the Ombudsman’s Office. Information about how to make a
complaint is available at www.ombudsman.parliament.nz or on freephone 0800 802
602.
If you have any further queries about this response, please feel free to contact me
directly.
Nāku noa, nā
Jaimee Paenga
Legal Officer | Kaitiaki Ture