530 NEW ZEALAND GAZETTE No. 25

Earthquake Commission

Provides for the insuring of residential property (as defined) against earthquake and certain other kinds of disaster. Non-residential property will no longer be insured after a “phase-out” period ending at 31 December 1996. Coverage for war damage is no longer provided for.

Human Rights

Amalgamates and revises the Race Relations Act 1971 and the Human Rights Commission Act 1977.

The Human Rights Commission, established by the Human Rights Commission Act 1977, is continued. The Race Relations Conciliator, whose office was established by the Race Relations Act 1971, becomes the Race Relations Commissioner. The Human Rights Commission is to comprise the Chief Human Rights Commissioner, the Race Relations Commissioner, the Privacy Commissioner and three other Commissioners.

New grounds of unlawful discrimination are provided. Carries forward the provisions of the Race Relations Act 1971 and the Human Rights Commission Act 1977 which prohibit discrimination on the grounds of race, colour, ethnic or national origins, sex, marital status, religion or ethical belief, and, in the area of employment, age. The new grounds are disability, age (in areas additional to employment), political opinion, employment status, and family status. There are new provisions on racial disharmony, sexual harassment, and racial harassment.

Special provisions relating to superannuation schemes deal with different treatment on the grounds of age and disability.

Seeks to establish a Complaints Division. The Chief Human Rights Commissioner is to have power to designate certain Commissioners to act as a Complaints Division. New provisions in relation to dealing with complaints enable the Complaints Division to call a compulsory conference to assist in settling a complaint; and enable the person, against whom a complaint has been found to have substance, to bring proceedings before the Human Rights Tribunal. A power of entry, which is a new power in relation to discrimination complaints, is conferred on the Complaints Division.

The Equal Opportunities Tribunal, established under the Human Rights Commission Act 1977, is re-named the Human Rights Tribunal. It has new powers to make interim orders and to declare that otherwise unlawful behaviour constitutes a genuine occupational qualification, in relation to employment, or a genuine justification, in relation to other areas covered by the Bill. There may be 2 Chairpersons of the Tribunal if the Minister of Justice determines that it is necessary.

Foundation for Research, Science, and Technology Amendment

Amends the Foundation for Research, Science, and Technology Act 1990.

Requires that the Foundation consult with representatives of industry, researchers, Maori and the community in forming advice to the Minister of Research, Science, and Technology on national priorities for research. There is a requirement for a regular programme of consultation to assist with the formulation of other advice.

Requires the Minister to provide a Statement of Priorities every three years, replacing the current requirement for the Statement to be provided annually before the start of the financial year.

Clauses 7 and 8A–8c provide the powers and framework for the Minister to direct the Foundation to allocate funds for the purposes of certain schemes. The clauses establish the purposes for which schemes may be set up, and also establish requirements for funding, monitoring, and annual reporting.

Law Reform (Miscellaneous Provisions)

Amends section 16 of the Animals Protection Act 1960 to give courts power to disqualify people who have been convicted of cruelty against animals, from custody of animals, and also increases the fines payable.

Amends the Law Practitioners Act 1982 to exclude the Solicitors Fidelity Guarantee Fund from any liability for loss relating to money a solicitor was instructed to invest on a person’s behalf. The Fund’s purpose is to protect clients using solicitors for legal transactions only. For claims made after 31 March 1993 there will be a maximum liability of $5,000 which each practitioner can be required to pay into the Fund in any one year.

Amends section 32 of the New Zealand Society of Accountants Act 1958 to provide for the abolition of the New Zealand Society of Accountants Fidelity Fund.

Taxation Reform (No. 6)

Proposes a number of miscellaneous amendments to the Income Tax Act 1976, the Goods and Services Tax Act 1985, the Estate and Gift Duties Act 1968, and the Inland Revenue Department Act 1974; makes related amendments to the Social Security Act 1964; and provides the annual confirmation of rates of income tax for the 1992/93 income year.

The main areas of the proposed amendments are: estate duty, the livestock regime, the regime for attributed foreign dividends, the controlled foreign company regime, the foreign investment fund regime, the treatment of entertainment expenditure and benefits, provisional tax and the use of money interest, retiring allowances, and depreciation.

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