Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - New Zealand (Ratification: 1983)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government following the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations of Business New Zealand and the New Zealand Council of Trade Unions (NZCTU) communicated with the Government’s reports.

Articles 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously noted that in 2015 a working group made up of government and union representatives developed a “Standard Policy for the Prevention and Response to Sexual Harassment in the Public Service” and that, starting from 2016, the Government was expected to collect data on the number of sexual harassment complaints as part of the annual Human Resource Capability Survey. Noting the lack of information provided on the application of the Standard Policy in the public sector, the Committee notes the Government’s indication, in its report, that the State Services Commission supplemented its Sexual Harassment Policy Guidelines with advice and guidance on unwelcome behaviour, workplace behaviours guidance and speaking up in the public service. As regards the private sector, the Government states that WorkSafe, the health and safety regulator, has developed and launched resources on its website for employers and employees on identifying and dealing with sexual harassment in the workplace. This includes advice for workers and businesses, a model sexual harassment policy as guidance for businesses, and a template for workers to report sexual harassment at the workplace. The Government adds that the Ministry for Women is working to address gender inequalities that exist around sexual violence as a matter of priority. The Committee notes that, in its observations, the NZCTU supports the provision of resources for employers and workers on harassment, but highlights the deficiencies of the current approach, suggesting in particular that WorkSafe should begin to initiate investigations in workplaces with health and safety risks arising from harassment. In that regard, the Committee notes that, in its 2018 concluding observations, the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) expressed concern about: (1) the prevalence of harassment in high schools which disproportionally affect women and girls; (2) the high number of cases of sexual harassment in the workplace, in particular within the police, the defence force, the legal professions and the health sector; and (3) the severe underreporting of such incidents. In 2017, the Human Rights Commission received 123 complaints of unlawful discrimination alleging sexual harassment, which is a 43 per cent increase in sexual harassment complaints compared with the previous 10 years. The Committee also notes that CEDAW expressed general concern at the alarmingly high level of gender-based violence against women, with one in three women being subjected to physical or psychological violence, especially domestic and sexual violence, which disproportionally affects Maori women and women belonging to ethnic minority groups, with very low levels of reporting and a high rate of recidivism, particularly within the Maori community (CEDAW/C/NZL/CO/8, 25 July 2018, paragraphs 23, 25 and 35). The Committee notes with interest the adoption of the Domestic Violence - Victim’s Protection Act 2018 (2018 No. 21), which provides that employees who are affected by family violence now have the right to (1) take up to ten days of paid domestic violence leave each year; (2) ask for short-term flexible working arrangements; and (iii) not be treated adversely in the workplace because they might have experienced domestic violence. It further notes the Government’s statement that the definition of “violence” in the legislation is deliberately broad and includes psychological, physical, sexual or economic abuse. It notes that the NZCTU supports the introduction of domestic violence employment protections in the national legislation. The Committee asks the Government to provide information on the measures taken to address the high number of cases of sexual harassment in the workplace, with a view to preventing and addressing sexual harassment both in the private and public sectors, in particular through the application of the Standard Policy for the Prevention and Response to Sexual Harassment in the Public Service. It asks the Government to provide information on the number, nature and outcome of any complaints of sexual harassment registered at the workplaces or dealt with by the labour inspectors or the courts. The Committee further asks the Government to provide information on the application of Domestic Violence – Victim’s Protection Act 2018, including on the measures taken by employers to ensure the non-discrimination of domestic violence victims, as well as on any activity undertaken to raise awareness of the new legislation among employers, workers, and their organizations.

Articles 2 and 3. Achieving equality in the public service. The Committee previously noted that vertical occupational segregation based on ethnicity and gender persists and requested the Government to provide information on the measures implemented in the framework of the Equality and Diversity Policy with a view to promoting equal opportunities in the public service. It notes the Government’s indication that, in 2017, Public Service chief executives committed to the State Sector Diversity and Inclusion Programme (Papa Pounamu) which strives to support a public service representing all New Zealanders by embracing diversity, creating inclusive workplaces and building sustainable organization change, with a focus on women, persons with disabilities, ethnicity, culture and LGBT people. It notes that programmes of work are currently underway as part of this programme in order inter alia to increase awareness of unconscious bias and introduce diversity metrics in the public service. The Committee further notes with interest that the Public Service Act 2020 (2020 No. 40) provides for the developing and monitoring of equal employment opportunities programmes for the public service, including diversity and inclusiveness, which is defined as a programme aimed at identifying and eliminating all aspects of policies, procedures, and other institutional barriers that cause or perpetuate, or tend to cause or perpetuate, inequality with respect to the employment of a person or group of persons (sections 73 to 75). Noting that only 44 per cent of chief executives of public departments were women in June 2018, the Committee notes that the Government set a target of 50 per cent for women’s participation on public sector boards and committees to be met by 2021. The Committee welcomes this information. Regarding the ethnic composition of the public service, it notes, from the workforce data available on the Public Service Commission website, that, in 2019, Europeans remain the largest group in the public service (67.3 per cent) and the proportion of Maori and Pacific staff remains about the same (15.5 per cent and 9.2 per cent respectively), while the proportion of Asian staff is increasing (11.1 per cent). The Committee further notes that Europeans are on average paid more than other ethnicities, and that the Maori pay gap, the difference between average pay for Maori and non-Maori employees, was estimated at 9.9 per cent in 2019, while the Pacific pay gap was estimated at 20.1 per cent. Ethnic diversity amongst the chief executives comprises 90.3 per cent Europeans, 16.1 per cent Maori and 3.2 per cent Pacific peoples. The Committee notes the Government’s statement that the Office of Ethnic Communities (OEC) keeps a database of skilled New Zealanders from ethnic communities who are interested in and suitably qualified to be considered for appointment to a number of government boards, committees and advisory groups. The OEC is consulted by agencies that support the Government’s appointment of candidates to more than 400 State Sector boards and committees. The Committee notes that the OEC is also working to improve intercultural awareness in public and private organizations through its Intercultural Capability eLearning (ICE) online programme to help organizations manage an ethnically diverse workforce. The Committee asks the Government to provide information on the specific measures taken to promote equal opportunities in the public service and their impact, including in reducing vertical occupational segregation based on ethnicity and gender, in particular in the framework of the State Sector Diversity and Inclusion Programme. It further asks the Government to provide information on the number of equal employment opportunities programmes for the public service elaborated and implemented as a result of the Public Service Act 2020, and more particularly on the barriers identified as causing inequality in employment. The Committee asks the Government to continue to provide information, including statistics, on the progress made in improving equal employment opportunities for women, as well as Maori, Pacific Island and Asian peoples in the public service.

Equality of opportunity and treatment for men and women. Occupational segregation. Referring to its previous comments, the Committee notes that, following the adoption of the Parental Leave and Employment Protection Amendment Act 2017 (2017 No 45), paid parental leave has been extended from 18 to 22 weeks on 1 July 2018, with a further extension to 26 weeks on 1 July 2020. The Act also provides for “keeping in touch” hours for workers who may be away from their workplace during paid leave to be paid to come into work for up to 40 hours during their leave period in order to maintain contact with their employers. In its supplementary information, the Government indicates that short-term changes were introduced to allow some workers to go back to work temporarily during the COVID-19 outbreak, because either their skills, experience or qualifications mean that nobody else could fill the role, or there was unusually high demand for workers in a particular role, without losing their remaining entitlement to parental leave. In its observations, Business New Zealand commended the Government for its decisions to allow essential workers to return to work without foregoing any remaining parental leave entitlement. The Committee notes that the NZCTU supports the extension of the paid parental leave, while considering that additional reforms of the parental leave should be considered in order to ensure (1) further extension of the duration of paid parental leave, as well as (2) a fairer distribution of family responsibilities between men and women and facilitate the reconciliation between family and work obligations. The Committee notes that, according to the 2020 Global Gender Gap Report of the World Economic Forum, the labour force participation rate of women was 76.4 per cent (compared to 85.8 per cent for men), with a high proportion of women employed part-time (31.7 per cent compared to 11.6 per cent for men) or doing unpaid work (18.06 per cent compared to 10.56 per cent for men). It further notes, from the statistical information provided by the Government, that while women comprise the majority of civil servants (70 per cent in 2018), only 44 per cent of chief executives of public departments were women in June 2018. As regards the private sector, the Committee notes that the representation of women in leadership roles and boards remains much lower, as only 19 per cent of directors of companies listed on the New Zealand Stock Exchange Main Board are women and 56 per cent of enterprises have no women in senior roles. It further notes, from the 2019 Government’s report under the national-level review of implementation of the Beijing Declaration, that women are still under-represented in science, technology, engineering and mathematics (STEM), information and communication technology (ICT), and construction and trades industries. While women are gaining qualifications at a higher rate than men, their skills are not being translated into greater career and development opportunities, as 47 per cent of women work in occupations that are at least 70 per cent dominated by their own gender. In Business New Zealand’s view, the choices made by women for certain areas of study or apprenticeships may also reflect their personal preference. As regards vocational training, the Committee notes the Government’s indication that while the number of female industry trainees increased from 40,733 in 2014 to 50,900 in 2017, their proportion remains relatively static over the last five years (35 per cent in 2017). The proportion of female apprentices also remained relatively static between 2013 (11 per cent) and 2017 (12 per cent). The Committee further notes that, in its concluding observations, the CEDAW expressed specific concern about (1) the limited access to secondary and tertiary education for many girls and women living in rural areas; (2) the increasing rate of girls who drop out of school, including as a result of teenage pregnancy; and (3) the fact that women and girls are concentrated in traditionally female-dominated fields of study and under-represented in science and technology (CEDAW/C/NZL/CO/8, 25 July 2018, paragraph 31). The Committee asks the Government to provide information on the measures taken to promote equality of treatment and opportunity between men and women, and on the results of such measures, in particular on vertical and horizontal occupational gender segregation, by enhancing women’s access to a wider range of jobs and to jobs at higher levels, in particular in sectors where women are less represented such as in STEM, ICT, construction and trade industries. It further asks the Government to provide information on any evaluation undertaken of the Parental Leave and Employment Protection Amendment Act 2017 and its impact on ensuring equality of opportunity and treatment between men and women, as well as on any other measures adopted to promote the reconciliation of family and work obligations and address any stereotyped assumptions that the main responsibility for family care lies with women. The Committee asks the Government to continue to provide statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions.

Promoting equality with respect to race, colour and national extraction. Maori and Pacific Island people. The Committee previously noted the various initiatives undertaken to improve the educational and skills levels and the employment situation of Maori and Pacific Island people. It notes the Government’s indication, in its report, that new goals areas were developed in 2017, under the He kai kei aku ringa (HKKAR) Strategy to 2040 to support Maori economic development, focusing on employment; supporting Maori youth to define and lead their economic aspirations; growing Maori enterprises; increasing Maori participation in regional economies and upskilling the Maori workforce. The Government however indicates that there has been no evaluation or monitoring of the HKKAR since the 2017 refresh. It adds that key initiatives were implemented to support a step change in the Pacific economy focusing mainly on youth education and training, encouraging their participation in STEM, as well as supporting Pacific enterprises and providing employment opportunities in the public sector. The Committee notes, from the statistical information provided by the Government, that during 2018, there were 137,785 funded trainees participating in industry training, of which 17.72 per cent were Maori and 8.4 per cent were Pacific Island people. It also notes that the number of funded New Zealand apprentices participating in industry training increased from 25,238 in 2015 to 50,475 in 2018, of which 16.2 per cent were Maori and 6.1 per cent were Pacific Island people. However, Maori students have the lowest proportion of students remaining at school until 17 years old (71.9 per cent), compared to Pacific Island People (82.9 per cent) and European (84.9 per cent). The Committee further notes that the unemployment rate among Maori and Pacific Island People is approximately twice as high as the general employment rate (8.7 per cent and 8.1 per cent respectively, compared to 4.3 per cent at national level). It notes that, in Business New Zealand’s view, it needs to be recognized that any lack of employment opportunities for Maori is directly related to a lack of educational achievement rather than to employment discrimination. In that regard, the Committee notes that a new Employment Strategy was launched in August 2019, under which specific actions plans to improve employment outcomes inter alia for Maori and Pacific Island people will be developed in a near future.

In its supplementary information, the Government indicates that young people are expected to be hit hard by the impacts of COVID-19, particularly young Maori, and that to that end supplementary budget was allocated to the He Poutama Rangatahi (HPR) Programme which aims at helping young people who are currently not in education, employment or training to find work. The Committee welcomes this information. The Committee also notes that, in their recent concluding observations, several United Nations (UN) treaty bodies expressed concern about : (i) persistent disparities in the enjoyment of the right to education, whereby Maori and Pacific Island students, notably at secondary school and university levels, achieve lower outcomes than those of European background and experience higher rates of stigma at schools; (ii) persistent discrimination against Maori and Pacific Island people, in particular women, in employment; (iii) the under-representation of Maori and Pacific Island people in the top three tiers of public service management; and (iv) the high numbers of youth, particularly among Maori and Pacific Island people, who are not in employment, education or training (CEDAW/C/NZL/CO/8, 25 July 2018, paragraph 33; E/C.12/NZL/CO/4, 1 May 2018, paragraphs 27 and 48; and CERD/C/NZL/CO/21-22, 22 September 2017, paragraph 29). The Committee notes that, in the framework of the Universal Periodic Review (UPR), in 2019, the UN Human Rights Council specifically recommended to address discrimination in employment and improve access to education and employment for Maori and Pacific Island people, in particular women (A/HRC/41/4, 1 April 2019, paragraph 122). The Committee asks the Government to pursue its efforts to enhance Maori and Pacific Island People’s economic empowerment and access to training and employment, in particular in the framework of any targeted action plan elaborated under the new Employment Strategy. It also asks the Government to provide information on the implementation of the other ongoing programmes and initiatives, such as the He kai kei aku ringa Strategy and the He Poutama Rangatahi Programmme, as well as on their results and any assessment made. Finally, the Committee asks the Government to continue to provide statistical information on the participation and completion rates of men and women Maori and Pacific Island people in vocational training and education, and their participation rates in employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors.

Collective agreements and workplace initiatives. Referring to its previous comments, the Committee notes the Government’s repeated indication that no information is available on the progress made in including equal employment opportunities provisions for Maori and other ethnic minorities in workplace policies in the private sector and in collective agreements. The Committee again encourages the Government to undertake an assessment of the rates of inclusion of equal employment opportunities provisions concerning Maori and other ethnic minorities in workplace policies in the private sector and in collective agreements, and the results achieved in improving equality of opportunity and treatment in employment in the private sector. It again asks the Government to provide any available information in that regard.

Migrant workers. The Committee previously noted that the New Zealand Migrant Settlement and Integration Strategy, adopted in 2014, encompasses employment, education and training as specific outcome areas with dedicated success indicators and requested the Government to provide information on the implementation of the strategy, as well as on the other measures and programmes aimed at promoting equality of opportunity and treatment for migrant men and women. The Committee notes the Government’s indication that the Ministry of Business, Innovation and Employment (MBIE), which is responsible for the cross-government implementation of the strategy, undertook several measures to raise awareness of migrant workers about their employment rights, including by disseminating guides into 14 languages; undertaking multi-language campaigns targeting both migrant employees and employers in ethnic media; and offering an hotline for migrant workers available in 40 languages. Furthermore, several initiatives are being implemented to enhance migrant workers’ access to employment, such as regional skills matching and career management programmes. The Committee notes, from the 2017 report on the strategy, that, in 2016, 80 per cent of employed principal applicants reported that their current job matched their skills and qualifications (compared to 84 per cent in 2014), while the proportion of employed secondary applicants is much lower in comparison but has improved over the last year (61 per cent in 2014). Furthermore, the employment rate of recent migrants has continued to show an increasing trend, being now higher than that of the New Zealand born population. However, the proportion of recent migrants who reported that they had experienced discrimination increased from 18 per cent in 2014 to 26 per cent in 2016 (compared to 17 per cent for the total New Zealand population). The Committee notes that, in Business New Zealand’s view, with an increasingly multi-cultural society, most employers are now very much aware that acting in a discriminatory way is more likely to harm their organizations than to enhance them. Referring to its previous comments regarding the exploitation of migrant workers where it noted the adoption of the Migrant Exploitation Prevention Strategy, the Committee welcomes the Government’s indication that several measures have been implemented to combat migrant exploitation, such as: (1) the conversion of post-study work visas into open work visa to reduce the exploitation of international students; (2) an amendment to immigration instructions providing that, from 1 April 2017, as a consequence of not having complied with employment standards, employers that receive a penalty or infringement notice for a breach would face a set stand-down period from 6 to 24 months during which they are unable to support a visa application. As at May 2018, 108 employees had been placed on the published stand-down list since it was introduced; and (3) an in depth-policy and operational review, undertaken by the MBIE, in collaboration with a consultation group representing migrants, enterprises, unions and international students, to better understand the nature of temporary migrant worker exploitation, including international students, and identify possible solutions.

In its supplementary information, the Government adds that major changes to the way employers recruit migrants for temporary work will be implemented mid-2021. The new framework will replace six existing types of temporary work visas and will have three steps – employer check, job check and migrant check. All employers will ultimately need to be accredited before they can recruit foreign workers. Sector agreements are intended to be introduced to facilitate access to lower-skilled migrants, in return for reducing reliance on their migrant workforce over time, though this is currently paused as a result of COVID-19 impacting on workforce planning. Industries with a high reliance on migrant workers have been identified for initial negotiations – aged residential care, red meat processing, dairy, forestry, road freight, transport, and tourism and hospitality. The Government adds that additional funding was allocated to address temporary migrant workers exploitation as it is estimated that there is an increased risk for migrant workers in the COVID-19 environment. This funding will support changes aimed at establishing (1) a dedicated system to report exploitation; (2) a new visa to support exploited migrant workers to safely leave their employment situation without jeopardizing their visa status; as well as (3) an information and education action plan to ensure that migrant workers and employers understand their rights and obligations, including how to report exploitation. The Government adds that combating migrant exploitation in the workplace is a priority area for the Labour Inspectorate. The Committee notes NZCTU’s indication that, alongside with representatives of Business New Zealand and the migrant community, it participated in the consultations for the Temporary Migrant Workers Exploitations Review where a consensus was reached in recognizing the importance of ending migrant exploitations and broadly supported the above-referred measures. The NZCTU adds that, while it supported the proposed Temporary Work Visa changes, further work will be needed to promote full employment in decent and meaningful work for all, including temporary migrant workers and to ensure employer accreditation is robust and allows full opportunities for consultation with relevant unions. The Committee welcomes the initiatives undertaken by the Government, in collaboration with social partners and migrant workers. With reference to the recognition of overseas qualifications, the Committee notes the Government’s statement that there have been no material developments on this issue. Welcoming the initiatives undertaken by the Government, the Committee asks the Government to pursue its efforts to promote equality of opportunity and treatment for migrant men and women, in particular by combating exploitation of migrant workers and international students. It asks the Government to continue to provide information on the impact of any relevant measures and programmes implemented to that end, in particular in the framework of the Migrant Settlement and Integration Strategy, the Migrant Exploitation Prevention Strategy and the Temporary Work Visa changes, as well as on any developments concerning the recognition of overseas qualifications. The Committee asks the Government to provide information on any complaints made by migrant workers to, and handled by, the competent authorities relating to discrimination based on the grounds set out in the Convention, and particularly race, colour or national extraction, the sanctions imposed and remedies provided.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 2. Promoting equality of opportunity and treatment for persons with disabilities. The Committee previously noted the adoption of the Disability Strategy 2016–26 and Disability Action Plan 2014–18, under which a Health and Disability Long-term Work Programme (2014–18) was created with the objective of increasing employment and economic opportunities for all persons with disabilities and persons with a health condition. The Committee notes the detailed information provided by the Government on the broad range of measures implemented by the Ministry of Social Development (MSD), in the framework of the Disability Action Plan 2014–18, to support training and employment of persons with disabilities, including: (1) the Mainstream Employment and Internship Programmes; (2) support funds directed at providing financial assistance for additional costs faced by persons with disabilities to access training, employment and self-employment; (3) employment providers contracted by the MSD to help persons with disabilities find work in the open labour market and provide in-work support for up to a year; and (4) community-based organizations that provide employment specifically for persons with disabilities. It notes that the new Disability Action Plan 2019–2022 was launched on 14 November 2019, and is composed of 25 work programmes on eight key issues, including education and employment. It notes more particularly that as a result of the action plan, a Disability Employment Action Plan (“Working Matters”) was adopted in July 2020 to ensure that persons with disabilities and persons with a health condition have an equal opportunity to access employment. It notes that the action plan highlights that 74 per cent of persons with disabilities not in paid jobs would like to work, and provides for specific initiatives, in particular to enhance their access to work experience while at school and to post-school education; ensure more and better employment services; build employer confidence in recruiting and retaining persons with disabilities; and enhancing microenterprises and self-employment as well as work opportunities created by new technologies. Recalling that under the Minimum Wage Act, persons with disabilities may be paid lower salaries, below the minimum wage, the Committee previously noted that the Government was exploring alternatives to the use of the Minimum Wage Exemption Permits (MWEPs) through a reference group encompassing representatives from across the disability sector. It notes that, as a result of the consultations held from February to April 2019, it was decided to replace MWEPs by a wage supplement approach, the cost of which would be bear by the Government, in order to support employers to take on workers with disabilities, rather than a system that penalizes persons with disabilities because they want to work. The NZCTU indicates that it participated to the consultation process and provided a submission to the Government seeking the replacement system to be free from discrimination against persons with disabilities. The Committee notes that an update on the design of a wage supplement approach was provided to the Cabinet on December 2019. According to the update, approximately 900 persons with disabilities are currently employed under MWEPs. The Committee welcomes the initiatives implemented by the Government to promote equality of treatment of persons with disabilities in employment and occupation. It however notes that, according to New Zealand Statistics (NZ Stats), the disability employment gap, which is the difference between the employment rate for persons with and without disabilities, remains high being estimate at 46.5 percentage points for the June 2019 quarter (23.4 per cent and 69.9 per cent respectively). Furthermore, the unemployment rate of persons with disabilities is still over twice that of persons without disabilities (8.6 per cent and 3.8 per cent respectively). In that regard, the Committee notes that Business New Zealand considers that the disability issue is of particular concern since, despite efforts to increase job opportunities for persons with disabilities, their unemployment rate is still far higher than the rates of persons without disabilities, which may reflect a lack of educational opportunities. Furthermore, while the effectiveness of such initiatives in the longer term cannot yet be known, they seem to look at disability through a medical model lens – seeing persons with disabilities as in need of outside help because of their disability rather than looking at their abilities and what they can do. Business New Zealand adds that the limitation of the 90-day trial to entreprises with less than 20 employees, following the Employment Relations Amendment Act 2018 (2018 No 53), may also deter some larger organizations to give to persons with disabilities the chance to demonstrate their employability. The Committee further notes, from the 2019 Government’s report to the UN Committee on the Rights of Persons with Disability (CRPD) that, in the year ending 15 June 2018, the Human Rights Commission received 370 complaints of alleged unlawful disability discrimination. Employment issues were the second most common complaint (CRPD/C/NZL/2-3, 8 March 2019, paragraph 24). The Committee asks the Government to continue to provide information on the measures implemented to improve the employment situation of men and women with disabilities, in particular in the framework of the new Disability Action Plan 2019-2022 and the Disability Employment Action Plan. It further asks the Government to provide information on any progress made on the wage supplement approach in order to replace the Minimum Wage Exemption Permits. Finally, the Committee asks the Government to continue to provide statistical information on the access of persons with disabilities to education, training, employment and occupation, disaggregated by sex, as well as on the number of cases of disability discrimination dealt with by the competent authorities.

Enforcement. The Committee notes the information provided by the Government and Business New Zealand on several judicial decisions addressing discrimination on various grounds, including gender, sexual orientation, age, disability and racial harassment. The Government indicates that, in 2018, as regards discrimination, 385 employment applications were received for mediation and 37 applications were received by the Employment Relations Authority (compared to 25 in 2017). Furthermore, according to Business New Zealand, for 2017–18, the Human Rights Commission dealt with 559 complaints of employment discrimination and 103 complaints of pre-employment discrimination, most of them, being related to disability in the public sector and to race in the private sector. Some 82 per cent of all unlawful discrimination complaints received were closed within three months and 97 per cent within 12 months. With regard to the use of 90-day probation period and its impact on workers, in particular migrant workers, the Government states that no research has been conducted for this express purpose. However, the Government adds that the Employment Relations Amendment Act 2018, amended section 67A, now limiting the 90-day probation period to new employees in enterprises with fewer than 20 employees. The Committee notes that the NZCTU commends the Government for such amendment while regretting that probation periods still apply to workplaces with less than 20 employees. It also notes that, in Business New Zealand’s view, such decision was unfortunate as it will limit the opportunity for persons who might otherwise not be considered employable to demonstrate their capabilities. The Committee asks the Government to continue to provide information on cases concerning discrimination in employment and occupation dealt with by the labour inspectors, the Employment Relations Authority, the Employment Court and any other competent authorities, with a particular focus on cases which are filed by employees on or at the end of a 90-day probation period. It also asks the Government to provide information on any further research undertaken regarding the use of probation periods and their impact on workers, in particular migrant workers, which may lead to discrimination on the grounds of race, colour or national extraction.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations by the New Zealand Council of Trade Unions (NZCTU) and Business New Zealand (Business NZ), submitted by the Government with its report.

Articles 1(1)(b) and 2 of the Convention. Persons with disabilities. The Committee notes the information provided by the Government on the broad range of measures adopted in favour of persons with disabilities, including support funds directed at assisting persons with disabilities to access training, employment and self-employment by financing job coaching, workplace modifications, equipment, sign language interpreters, support persons, transport costs and wage subsidies. The Committee also notes the new Disability Strategy 2016–26 and the New Zealand Disability Action Plan 2014–18 which maintains a special focus on enhancing education and employment opportunities for women with disabilities. It notes in particular that, under the Disability Action Plan, a Health and Disability Long-term Work Programme (2014–18) was created with the objective of increasing employment and economic opportunities for all people with disabilities and people with a health condition living in New Zealand. The Committee, however, notes the NZCTU’s observation that only 45 per cent of people with disabilities are in the labour force compared to 77 per cent of people without disabilities. The NZCTU also points out that specific statistical information on the labour situation of persons with disabilities is lacking. With regard to the impact of Minimum Wage Exemption Permits (MWEPs) on the protection of the rights of workers with disabilities in relation to minimum wages, the Government indicates that it is exploring alternatives to the use of the MWEPs through a reference group encompassing representatives from across the disability sector. It also notes that the new Disability Strategy sets out to identify better alternatives so that the minimum wage exemption process can be removed. The Committee also notes Business NZ’s observation that the general closing down of sheltered workshops, following the introduction of MWEPs, left many people with disabilities without any acceptable form of alternative activity, and that the priority should not merely be to increase the number of persons with disabilities in paid employment and self-employment, but also to find options for those who are not able to access employment or self-employment. The Committee notes the information provided by the Government in its reply concerning, among other things, community participation services that support disabled people and people with health conditions to participate in and be socially included in their communities. The Committee asks the Government to provide information on the results achieved by the various measures adopted, including under the New Zealand Disability Action Plan 2014–18, to improve the employment situation of men and women with disabilities, and encourages it to collect statistical information on the access of persons with disabilities to education, training, employment and occupation, disaggregated by sex, with a view to monitoring progress over time. It is also requested to provide information on the implementation of the new Disability Strategy 2016–26. The Committee further asks the Government to provide information on the progress made with regard to the identification of alternative options to MWEPs.

Articles 2 and 3. Promoting equality with respect to race, colour and national extraction. The Committee welcomes the information provided by the Government on the measures and programmes adopted with a view to promoting access to employment for migrants. It notes, in particular, that the New Zealand Migrant Settlement and Integration Strategy, adopted in 2014, encompasses employment, education and training as specific outcome areas with dedicated success indicators. The Committee also notes that the baseline study conducted in 2015 found that, in 2014, 84 per cent of the employed principal applicants and 61 per cent of employed secondary applicants reported that their occupation matched their skills and qualifications, and the employment rate for recent migrants was similar to that of the New Zealand-born population. The study, however, also indicated that in 2015, 18 per cent of recent migrants reported that they had experienced discrimination. In this regard, the NZCTU observes that there is a need for additional measures to address the exploitation of migrant workers, including an increase in the number of labour inspectors, particularly in areas where there is a high prevalence of migrant workers. The Committee notes in this regard the adoption of the Migrant Exploitation Prevention Strategy, which is aimed at supporting exploited employees, holding exploitative employers to account, and helping migrant employees and their employers understand and act on their rights and obligations. The Government further indicates that the Human Rights Commission is developing a social media campaign – Tackling Casual Racism – with a view to raising awareness and building acceptance of New Zealand’s increasing diversity, including at the workplace. With reference to the recognition of overseas qualifications, the Committee notes the Government’s indication that, while the issue falls within the responsibilities of the regulator of each occupation, the Government is encouraging regulators to be mindful of the need to facilitate the international flow of people. The Committee asks the Government to provide information on the implementation of the Migrant Settlement and Integration Strategy, as well as the other measures and programmes targeting migrants, and their impact in promoting equality of opportunity and treatment for migrant men and women. The Committee also asks the Government to provide information on any complaints made by migrant workers to, and handled by, the competent authorities relating to discrimination based on the grounds set out in the Convention, and particularly race, colour or national extraction. The Committee further asks the Government to provide information on any developments concerning the recognition of overseas qualifications.

Achieving equality in the public service. The Committee notes the Government’s indication that women’s overall representation in the public service remained stable between 2005 and 2015 at approximately 60 per cent, compared to 47 per cent of women in the total national workforce. The Government also indicates that the number of women chief executives increased from 16.1 per cent in 2010, to 41 per cent in 2015. Data further show that women occupied 44.2 per cent of senior leadership positions in the public service (the top three tiers of management) as of 30 June 2015. However, the NZCTU indicates in this regard that, as roles become more senior, women’s representation falls: eight out of 29 chief executive positions in the public sector were held by women, whereas in the tier below, women held 81 out of 181 positions. Regarding the ethnic composition of the public service, the Government indicates that it broadly reflects that of the New Zealand working-age population, with the European group representing 70.6 per cent of the staff in 2015. On the other hand, according to the 2015 Human Resource Capability report, 11.1 per cent of the senior leadership cohort identifies as Maori, 2.6 per cent identifies as Pacific people, and 2.1 per cent as Asian, which is lower than the groups’ representation across the public service, although the Government indicates that the representation of each of these groups is moving upwards. The Committee notes that no specific information is provided on the implementation in practice of the “Equality and Diversity: New Zealand Public Service Equal Employment Opportunities Policy” issued under section 6 of the State Sector Act 1988 with a view to promoting, developing and monitoring equal employment opportunities within the public service. The Committee asks the Government to provide information on the specific measures adopted or envisaged under the Equality and Diversity Policy with a view to promoting equal opportunities in the public service and their impact, including in reducing vertical occupational segregation based on ethnicity and gender. It is also requested to continue providing information, including statistics, on the progress made in improving equal employment opportunities for women, Maori, Pacific Island people and Asians in the public service.

Equality of opportunity and treatment for men and women. The Committee notes that in 2015 a working group made up of government and union representatives developed a “standard policy for the prevention and response to sexual harassment in the public service” and that, starting from 2016, the Government was expected to collect data on the number of sexual harassment complaints as part of the annual Human Resource Capability Survey. The Committee also notes that, following the adoption of the Parental Leave and Employment Protection Amendment Act, 2016, paid parental leave has been extended to 18 weeks and is now applicable also to seasonal, casual and fixed term workers, and those who have recently changed jobs. The Act also provides for additional weeks of paid parental leave in favour of parents of pre term babies and extends eligibility to entitlements to a wider range of primary carers, not only biological or formal adoptive parents. The Committee notes the NZCTU’s recommendation that an evaluation should be undertaken on whether the Act is being enforced in the case of casual and seasonal workers. In the NZCTU’s view there is still a lack of flexible working arrangements which could effectively support the balancing of work and family caring responsibilities, with repercussions particularly for women. The NZCTU further observes that women remain over-represented in minimum wage occupations, particularly in industries such as service and aged care, and are more likely than men to be in low paid, casual and part-time work, with young Maori and Pacific Island women being particularly marginalized. The Committee asks the Government to provide information on the application of the standard policy for the prevention and response to sexual harassment in the public service and the number and outcome of sexual harassment complaints registered at the workplace, as well as information on any measures adopted or envisaged with a view to preventing and addressing sexual harassment in the private sector. The Committee also asks the Government to provide information on the application in practice of the Parental Leave and Employment Protection Amendment Act 2016, and on any other measures adopted to promote the reconciliation of family and work obligations, including in respect of workers in non-standard forms of employment. It is also requested to provide information on the measures adopted to promote equality of opportunity and treatment in employment and occupation for men and women and the results achieved, particularly with regard to Maori and Pacific Island women, including statistical information.

Collective agreements and workplace initiatives. The Committee notes the Government’s indication that no information is available on the progress made in including equal employment opportunities (EEO) provisions for Maori and other ethnic minorities in workplace policies in the private sector and in collective agreements, or the results achieved. The Committee notes in this regard that, according to the NZCTU, no evaluation has been undertaken to date on whether and how employment agreements or employment practices inhibit or foster equality of opportunity for Maori and other ethnic minorities in employment. The Committee encourages the Government to undertake an assessment of the rates of inclusion of EEO provisions concerning Maori and other ethnic minorities in workplace policies in the private sector and in collective agreements, and the results achieved in improving equality of opportunity and treatment in employment in the private sector, and to provide information in this respect.

Enforcement. The Committee notes the information provided by the Government on several judicial decisions addressing discrimination on various grounds, including gender, age and disability. The Committee also notes the various cases initiated by the labour inspectorate concerning migrant workers. The Government further indicates that in 2015, 37 cases of discrimination were referred to mediation and 16 were submitted for determination by the Employment Relations Authority. The Committee notes that no information is provided on relevant cases dealt with by the Human Rights Review Tribunal, although it notes that overall 72 active cases were pending before the Tribunal in 2015. It notes the Government’s indication that this information will be provided with the next report. Regarding the impact of section 67A of the Employment Relations Act which provides for the possibility of a 90-day probation period for new employees in undertakings with fewer than 20 employees, the Committee notes the NZCTU’s reference to the outcome of recent research, according to which the 90-day trial employment periods have not improved the employment of disadvantaged workers. In Business NZ’s view, however, by allowing employers to test workers’ suitability for the particular job, trial periods serve as a useful anti-discrimination tool. The Committee asks the Government to continue providing information on cases concerning discrimination dealt with by the courts, and particularly cases which are filed by employees on or at the end of a 90-day probation period. It is also requested to provide information on any further research undertaken regarding the use of probation periods and their impact on workers, in particular migrant workers, leading to discrimination on the grounds of race, colour or national extraction.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations by the New Zealand Council of Trade Unions (NZCTU) and Business New Zealand (Business NZ), submitted by the Government with its report.

Article 2 of the Convention. Access to employment and vocational training – Maori and Pacific Island people. The Committee notes the extensive information provided by the Government on the various initiatives undertaken with a view to improving the educational and skill levels of men and women belonging to Maori and Pacific Island people, as well as their employment opportunities, including the Ethnic People in Commerce New Zealand (EPIC NZ) initiative, the Maori and Pasifika Trades Training Initiative, and the Youth Guarantee Scheme. The Committee notes, in particular, that during 2015, there were 135,941 funded trainees participating in industry training, of which 17.2 per cent were Maori, 8.4 per cent were Pacific Island people, and 33.4 per cent were women. It also notes that the number of funded New Zealand apprentices participating in industry training increased from 14,886 in 2012, to 25,238 in 2015, and the percentage of participants from Maori and Pacific Island people changed from 15.4 per cent and 2.7 per cent, to 14.6 per cent and 4.9 per cent, respectively. The Committee notes that women’s participation declined from 11.7 per cent to 7.6 per cent. In this regard, the Committee notes the NZCTU’s observation that training funding is targeted to male-dominated trades, such as plumbing, construction and electrician training.

The Committee notes from the Government’s report that although the qualification achievement rates for Maori and Pacific Island people are improving, including in post-secondary school qualifications, they remain below those for other ethnic groups. The Government indicates that the new Tertiary Education Strategy (TES) 2014–19 sets out to enhance the achievement of Maori and Pacific Island people by recognizing their diverse needs. The Committee also notes that under the Te Puni Kōkiri Cadetships Initiative which aims to increase Maori achievement in higher-level qualifications, partnerships are established with employers in targeted industries, including energy, infrastructure telecommunications, transport/logistics, food processing, and knowledge-intensive manufacturing or primary industries (excluding the forestry sector). Further, the number of cadets remaining in employment has increased since 2009 from 71 per cent, to 100 per cent in 2013–14. The Committee, however, notes from the NZCTU’s observations that, according to the Human Rights Commission Tracking Equality at Work tool, Maori and Pacific Island people are falling behind all other ethnicities, with young Maori and Pacific Island women being particularly marginalized. The Committee asks the Government to continue its efforts to improve the educational and skill levels and employment opportunities of men and women belonging to Maori and Pacific Island people, and to provide information regarding their impact on addressing existing inequalities faced by Maori and Pacific Island people in practice. The Committee also asks the Government to provide information on the implementation of the He kai kei aku ringa partnership between the Crown and the Maori aimed at promoting Maori economic development, including information on any measures adopted or envisaged to ensure their right to engage, without discrimination, in their traditional occupations and livelihoods. The Committee also asks the Government to continue to provide statistics disaggregated by sex on the participation and completion rates of Maori and Pacific Island people in vocational training and education and their participation in employment in the public and private sectors.

Access to employment and vocational training – Women. The Committee notes the Government’s indication that in the aftermath of the earthquakes in Canterbury, the Ministry for Women’s Affairs (MWA) established partnerships with a number of industries and community leaders and local training providers with a view to improving women’s employment, helping meet skill shortages in Canterbury and promoting the involvement of women in trades. The Committee notes that in 2014 the Women in Trades Scholarship initiative was also introduced at the Christchurch Polytechnic Institute of Technology (CPIT), covering tuition fees for women studying towards a Level 1–4 Trades programme at CPIT. The Government indicates that female enrolments in trades training at CPIT increased from 50 in 2011, to 414 in 2014. The Government also states that in the December 2015 quarter there were 1,700 more women employed in the construction industry in Canterbury than in the same quarter in the previous year, accounting for 16.7 per cent of construction workers in Canterbury. The Committee notes the NZCTU’s observation that, while the MWA’s campaign to encourage women’s access into sectors traditionally dominated by men has had some success in Canterbury, overall the number of women in apprenticeships remains low, with women representing approximately 10 per cent of all apprentices. The NZCTU indicates that the number of female industry trainees is relatively static with 40,474 in 2012 and 40,733 in 2014, whereas women represent more than 80 per cent of the trainees in the traditionally female dominated industry areas of community support, services and hairdressing. The Committee notes the NZCTU’s recommendation that additional measures would be required to increase the participation of women in the apprenticeship training schemes. The NZCTU further points out that women graduates predominate in health/medicine, education, law, management and commerce, while their numbers continue to be relatively low in engineering, information and related technologies. The Committee asks the Government to continue taking steps to improve further the participation of women in industry training and the New Zealand Apprenticeships scheme, and to promote their access to areas of study where the numbers have traditionally been low, such as engineering, science and technology, and to provide information, including statistics disaggregated by sex, on any progress made in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations by the New Zealand Council of Trade Unions (NZCTU) and by Business New Zealand (Business NZ) submitted by the Government with its report, and the Government’s reply thereon.

Article 1(1)(b) of the Convention. Persons with disabilities. The Committee notes the information provided by the Government on the implementation of the New Zealand Disability Strategy through the Disability Action Plan (2012–14), and on the number of persons with disabilities who benefited from measures regarding open paid employment, and assistance to overcome barriers to employment and training. The Committee also notes that the Mainstream Employment Programme provides a package of wage and training subsidies to help those with significant disabilities gain skills and obtain work. The Committee notes that Business NZ reaffirms its involvement in promoting the employment of persons with disabilities, including through its participation in “Workbridge”. The NZCTU, however, expresses concerns at the lack of progress made and at the negative impact of the Minimum Wage Exemption Permits. The Committee requests the Government to continue to provide information on the results achieved by the Disability Strategy and Action Plan to improve the employment situation of persons with disabilities, as well as information on any improvements made to the various strategies and plans to improve the employment and skills levels of these workers. The Committee also requests the Government to indicate whether any consideration has been given to assessing the impact of the Minimum Wage Exemption Permits on the protection of the rights of workers with disabilities with respect to minimum wages.

Articles 2 and 3. Promoting equality with respect to race, colour and national extraction. The Committee notes the range of measures introduced by the Government to provide support for migrant workers in employment and occupation, including an information toolkit published by the Ministry of Business, Innovation and Employment to help employers support and retain their migrant employees. Two sector-specific guides have also been developed for dairy farm employers and migrant dairy workers in response to concerns regarding the welfare of the latter. The Government also indicates that the Office of Ethnic Affairs conducts an intercultural awareness and communication training programme designed to teach participants effective intercultural communication in the workplace, and published a booklet containing strategies to help New Zealand organizations integrate intercultural awareness and communication into their businesses. With regard to cases of discrimination, the Government states that the Ministry of Business, Innovation and Employment is committed to investigating claims that migrant workers are being exploited and underpaid by small-business owners, and indicates that in December 2012 five people were arrested and charged in relation to exploiting migrant workers. The Committee requests the Government to provide information on the results and impact of measures taken to address employer prejudices against migrants and ethnic minorities, including through guides and awareness-raising programmes. The Committee also requests the Government to continue to provide information on any complaints brought by migrant workers to, and handled by, the competent authorities relating to discrimination based on race, colour or national extraction. The Committee further requests the Government to provide information on any progress made on the issue raised by Business NZ in its previous comments that problems faced by many migrants arise from lack of recognition of overseas qualifications.

Achieving equality in the public service. The Committee notes the Government’s statement that legislation in the state sector requires employers to operate a personnel policy that complies with the principle of being a good employer, which includes promoting an equal employment opportunities (EEO) programme. The Committee notes that pursuant to section 56 of the State Sector Act, as amended, the policy includes, inter alia, recognition of the aims and aspirations and employment requirements of Maori and other ethnic and minority groups, and recognition of the employment requirements of women and persons with disabilities. The Committee notes that, in 2013, Maori, Pacific Island people and Asians represented 14.1 per cent, 7 per cent and 11.1 per cent, respectively, of the total population (statistics New Zealand 2013 census). The Committee notes that according to the Human Resources Capability (HRC) Survey, which monitors diversity across the public service, in 2012 Maori, Pacific Island people and Asians only represented 9.6 per cent, 1.7 per cent and 2.6 per cent of senior leadership in the public service respectively; Maori, Pacific Island people and Asians represented 16.4 per cent, 8 per cent and 7 per cent, respectively, in the public service. The Committee further notes that women constituted 42.1 per cent of senior leadership positions in the public service. The Committee requests the Government to continue to provide information, including statistics, on the progress made in improving equal employment opportunities for women, Maori, Pacific Island people, and Asians in the public service. Please provide information on the outcomes of the Civil Service Commission’s “Equality and Diversity: New Zealand Public Service Equal Employment Opportunity Policy”, which took effect in April 2008, including information on measures taken to address vertical occupational segregation with regard to ethnicity and gender in the public service.

Measures to promote equality of opportunity and treatment between men and women. The Committee notes the Government’s statement that the Parental Leave and Employment Protection (Rate of Parental Leave) Regulations 2011 has been effective in terms of increasing flexibility and choice for mothers and facilitating their return to work. It notes however that the NZCTU draws attention to the low take-up rates of paid parental leave and evidence from a government review indicating that mothers are returning to work early because of financial hardship. The Committee further notes that the Parental Leave and Employment Protection (Six Months’ Paid Leave) Amendment Bill is currently awaiting a third reading in Parliament, but that, according to the NZCTU, the Government indicated an intention to veto the Bill on the ground that it is not financially affordable. Noting that the information provided by the Government and the NZCTU relates to research carried out in 2007 and 2008, the Committee requests the Government to provide recent information on whether the measures aimed at facilitating the reintegration of women with family responsibilities into the labour market have helped them to return to work at the same level or to access posts of responsibility. Please provide information on the status of the Parental Leave and Employment Protection (Six Months’ Paid Leave) Amendment Bill.

Collective agreements and workplace initiatives. The Committee reiterates its request to the Government to provide information on the progress made in including EEO provisions concerning Maori and other ethnic minorities in workplace policies in the private sector and collective agreements, and the results achieved by the application of EEO policies and collective agreements for improving equality of opportunity and treatment in employment in the private sector.

Enforcement. Regarding the impact of section 67A of the Employment Relations Act providing for the possibility of having a 90-day probation period for new employees in undertakings with fewer than 20 employees, the Committee notes that the NZCTU, referring to a review undertaken by the Ministry of Business, Innovation and Employment of the use of trial periods, indicates that recent migrants had the highest likelihood of starting on a trial period (51 per cent), followed by those who had been in the country for five to ten years (41 per cent) and those born in New Zealand (34 per cent); the NZCTU asks the Government to undertake more detailed research in this regard. The Committee notes from the Government’s report that, during the period from 1 June 2010 to 31 May 2013, there were 28 determinations or judgments of the Employment Relations Authority and the courts relating to discrimination. Of these cases, four dealt with race and two with ethnic or national origin, two dealt with discrimination based on sex and one dealt with religious and ethical belief; one dealt with age. The Committee notes the statement of Business NZ that the number of discrimination cases dealt with each year is relatively small compared with the number of overall complaints heard by the Employment Relations Authority. The Committee requests the Government to continue to provide information on cases concerning discrimination dealt with by the courts, and particularly cases which were filed by employees on a 90-day probation period. Please also provide information on any further research undertaken regarding the use of probation periods and their impact on migrant workers leading to discrimination on the grounds of race, colour or national extraction.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations of the New Zealand Council of Trade Unions (NZCTU) and Business New Zealand (Business NZ), submitted by the Government with its report, and the Government’s reply.

Article 2 of the Convention. Access to employment and vocational training – Maori and Pacific Island people. The Committee notes the Government’s continued commitment to improving the educational and skill levels and the employment situation of Maori and Pacific Island people. The Committee notes that new education strategies have been put in place for Maori (the “Ka Hikitia-Accelerating Success” 2013–17) and that the Pacific Economic Action Plan has been superseded by the Pasifika Education Plan 2013–17, the Pacific Employment Support Services (PESS) and the Pacific Senior Leadership Management Programme. Equity funding is also provided to a number of institutes, universities and “Wananga” (Maori tertiary education institutions), as well as to individual Maori and Pacific Island students with a view to improving equal access and achievement. The Office of Ethnic Affairs is taking measures to promote ethnic diversity in occupation and employment. With respect to the Tertiary Education Strategy 2010–15, the Committee notes the progress made between 2005 and 2012 in the completion rates of Maori and Pacific Island people five years after enrolling in tertiary education (for 2008–12 completion rates were 49 per cent for Maori and 51 per cent for Pacific Island people, compared with 42 per cent and 41 per cent, respectively, for 2001–05). While welcoming these measures, the Committee notes that the participation of Maori and Pacific Island people remains low, and even decreased in industry training (as of 2012, 14.6 per cent of the total trainees were Maori and 7 per cent were Pacific Island people), and in the Modern Apprenticeships scheme (now the New Zealand Apprenticeships scheme) (as of 2012, 13.8 per cent of total apprentices were Maori and 2.4 per cent were Pacific Island people). According to the NZCTU, Maori and Pacific Island people remain disadvantaged relative to the general population in terms of unemployment (the unemployment rate is 5 per cent for “Europeans”, 12.8 per cent for Maori and 16.3 per cent for Pacific Island workers), and wages (in 2013, “Pakeha” workers (of European descent) had average hourly earnings of 27.08 New Zealand Dollars (NZD), while the rate was NZD$22.45 for Maori, and NZD$20.59 for Pacific Island workers). The Committee requests the Government to indicate the results achieved so far by the various initiatives to improve the educational and skill levels and employment opportunities of men and women belonging to Maori and Pacific Island people, and particularly the measures taken to increase further the participation levels of Maori and Pacific Island people in industry training and the New Zealand Apprenticeships scheme. The Committee also requests the Government to make further efforts to address continuing inequalities, including wage disparities, faced by Maori and Pacific Island people, and to provide information on the progress made in this regard. Please continue to provide statistics disaggregated by sex on the participation and completion rates of Maori and Pacific Island people in vocational training and education and their participation in employment in the public and private sectors.

Access to employment and vocational training – Women. The Committee notes that the participation levels of women in courses provided by industry training organizations, and particularly the New Zealand Apprenticeships scheme, remain low (33.2 per cent and 11.7 per cent, respectively). The Committee notes the information provided by the Government on the efforts made by the Ministry of Women’s Affairs (MWA) to increase the profile of women in non-traditional work and through education and industry-led initiatives, including the positive results achieved by the Women in Power Initiative led by the Electricity Supply Industry Training Organization. The Committee also notes that Business NZ refers to research carried out by the MWA showing that at around the ages of 13 and 14 many girls appear to lose interest in science, technology, engineering and mathematics (STEM subjects), but that it is unclear whether this relates to traditional employment biases. Business NZ adds that considerable efforts are being made to increase interest in these subjects. Furthermore, the Committee notes from the Government’s report that research commissioned by the MWA and launched in September 2013 puts forward recommendations to make better use of women’s skills in the context of the increased opportunities in the construction industry following the Canterbury earthquakes. In this regard, Business NZ considers that the Canterbury rebuild is likely to provide good opportunities to introduce women in a wider range of careers. While supporting initiatives to provide opportunities for young women to enter “male-dominated trades”, the NZCTU indicates that women in the retail and accommodation sectors have been most affected by job losses following the Canterbury earthquakes and that due attention should be given to retraining and supporting them. Noting the Government’s efforts to encourage women to enter predominately male sectors, the Committee requests the Government to indicate the results achieved by these measures, including in the context of the Canterbury rebuild in terms of improving opportunities for women in a wider range of careers. The Committee also requests the Government to continue taking measures to improve further the participation of women in industry training and the New Zealand Apprenticeships scheme, and to provide information, including statistics disaggregated by sex, on any progress made in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the observations by the New Zealand Council of Trade Unions (NZCTU) and by Business New Zealand (Business NZ) attached to the Government’s report.

Article 1(1)(b) of the Convention. Persons with disabilities. The Committee recalls the information provided by the NZCTU regarding the structural impediments, especially lack of accessible public transport preventing or making it difficult for persons with disabilities to obtain and continue employment. It notes the observations by the NZCTU that the accessible journey policy initiative to improve access to public transport for people with disabilities is yet to be fully implemented; some recent funding changes to services and equipment have created additional difficulties for some people with disabilities. The NZCTU also indicates that barriers to employment of persons with disabilities include employer attitudes and concerns that a job or workplace may need costly modifications to enable work to be undertaken. In response, the Government indicates that Work and Income provides a range of assistance designed to support workers with disabilities to enter and re-enter employment or undertake training, and that the Employers’ Disability Network, a non-profit organization for which the Ministry of Social Development provides secretariat support, assists employers with building skills including to recruit and retain persons with disabilities as employees. The Committee also notes Business NZ’s indication that it has for many years promoted the employment of people with disabilities among its members, and that a Business NZ representative sits on the Council of “Workbridge”, which is an organization engaged in finding jobs for disabled people. The Committee asks the Government to provide information on the implementation of the New Zealand Disability Strategy, and the activities by Work and Income and the Employers’ Disability Network, as well as the results achieved. The Committee would also welcome further information on the initiatives of Business NZ, including in the context of “Workbridge” to promote the employment of people with disabilities.

Lesbian, gay, bisexual and transgender people. The Committee recalls the findings of the Human Rights Commission (HRC) inquiry, which indicate employment discrimination as the most common form of discrimination experienced by transgender people, as well as a number of recommendations made by the HRC inquiry. It notes the information provided by the NZCTU that, between 2005 and 2009, lesbian, gay and bisexual people approached the Human Rights Commission about more than 270 human rights issues, including discrimination in employment. The NZCTU also refers to the concern raised with the HRC in community consultations on the lack of Government data collection relating to lesbian, gay, bisexual and transgender (LGBT) and intersex people in the five-yearly census and in other government surveys. The Committee asks the Government to provide information concerning discrimination against LGBT and intersex people and any action taken to follow up on the recommendations made by the HRC inquiry. It also asks the Government to provide information on any measures taken to collect and analyse information including with regard to equal opportunity and treatment in employment and occupation, with respect to LGBT and intersex people.

Articles 2 and 3. Promoting equality with respect to race, colour and national extraction. The Committee recalls its previous comments regarding employer prejudices and stereotypical attitudes vis-à-vis migrants and ethnic minorities inhibiting their access to employment. It notes the observations by the NZCTU that, while there is some assistance for new migrants to move into work, more could be done to reduce new migrant unemployment; complaints by migrants included not being paid holiday pay, being told they had lesser rights, or were not entitled to days off; support services for migrants are not as readily available in small towns as in urban centres. The NZCTU also indicates that a number of tertiary education programmes, which were specifically geared towards helping new migrants improve their chances of work placement, were terminated by budget cuts in 2009 and 2010. The NZCTU also raises wider concerns regarding the effect of the Government’s economic policies on the application of the Convention. The Committee also notes that according to Business NZ the problems faced by many immigrants arise from the lack of recognition of overseas qualifications, and this is an area where real solutions are required. The Government indicates that the Department of Labour is searching for a response to the exploitation of vulnerable migrants while gathering further information on the nature and extent of the issue, and that it still provides free foundation-level education for refugees and migrants. The Committee once again asks the Government to undertake the necessary measures aimed at addressing employer prejudices and employer stereotypical attitudes vis-à-vis migrants and ethnic minorities. It also asks the Government to provide information on the specific measures taken to ensure that migrant workers are not discriminated against on the grounds of race, colour and national extraction, and to ensure equal access to employment and occupation for them. Further, please provide information on the education and vocational programmes provided for them and the results achieved. The Committee also asks the Government to ensure that previous action taken and progress made in addressing discrimination and promoting equality of opportunity and treatment will not be adversely affected by the austerity measures, and asks the Government to provide information in this regard.

Achieving equality in the public service. The Committee recalls the vertical occupational segregation of Maori and Pacific Island people in the public service, and that the State Service Commission (SSC) developed its “Equality and Diversity: New Zealand Public Service Equal Employment Opportunity Policy”, which took effect from April 2008. The Committee further notes that statistics from 2009 indicate an ethnic pay gap in the public service for Maori, Pacific Island people and Asians of 9, 18 and 9 per cent, respectively. The Committee asks the Government to continue to provide information on the SSC’s monitoring of equal employment opportunities for Maori, women, ethnic and minority groups and people with disabilities and the outcome thereof, as well as on the activities undertaken under the equality and diversity policy to address occupational segregation in the public service.

General measures to promote equality of opportunity and treatment between men and women. The Committee recalls its previous comments regarding the barriers faced by women relating to their family responsibilities in seeking to return to work at the same level or to access posts of responsibility. It notes the adoption of Parental Leave and Employment Protection (Rate of Parental Leave Payment) Regulations 2011. It also notes the Government’s indication that, while there is no plan to ratify the Workers with Family Responsibilities Convention, 1981 (No. 156), parental leave legislation gives both parents increased flexibility and choice in balancing their work and family lives, and helps to achieve equality in the workplace. The Committee asks the Government to indicate more specifically whether the measures aimed at facilitating the reintegration of women with family responsibilities in the labour market have helped them to return to work at the same level or to access posts of responsibility.

Collective agreements and workplace initiatives. The Committee notes that 14.32 per cent of 1,392 collective agreements covering 152,309 employees, which came into force between 1 January 2008 and 31 December 2010, contained equal employment opportunities (EEO) provisions; 1.6 per cent of them contained explicit provisions relating to Maori, and 24.17 per cent of them contained culturally sensitive bereavement leave provisions. The Committee asks the Government to provide information on any measures taken to increase the inclusion of EEO provisions concerning Maori and other ethnic minorities, and to continue to monitor the progress of including EEO provisions in workplace policies and collective agreements. Please also provide information on the results achieved by the application of EEO policies and collective agreements for improving equality of opportunity and treatment in employment and occupation.

Enforcement. The Committee notes concerns raised by the NZCTU that section 67A of the Employment Relations Act, which was introduced in 2009, a 90 day probation period for new employees at companies with fewer than 20 employees, may be used to dismiss employees for personal reasons unrelated to their employment performance, and the employee may not raise a personal grievance on the grounds of unjustified dismissal. In response, the Government indicates that such employees are entitled to raise a personal grievance on the grounds of sexual or racial harassment, discrimination or unjustified disadvantage. The Committee asks the Government to provide information on the cases concerning discrimination dealt with by the courts, including those filed by employees on a 90-day probation period, including the grounds of discrimination addressed, and the remedies provided.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the communication from the New Zealand Council of Trade Unions (NZCTU), Business New Zealand (Business NZ), and the Government’s reply thereon. With respect to the NZCTU’s observations concerning migrant workers under the Recognized Seasonal Employer (RSE) scheme, the Committee notes that the issues raised primarily relate to inequalities with respect to social security, remuneration, accommodation and trade union membership covered by the Migration for Employment Convention (Revised), 1949 (No. 97). As some of the issues have been addressed by the Committee in its observation of 2007 on Convention No. 97, the Committee will examine the NZCTU’s observations on the RSE scheme together with the Government’s next report on that Convention.

Access to employment and vocational training – Maori and Pacific Island people. The Committee recalls its previous observation addressing issues relating to the occupational segregation of Maori and Pacific Island people into certain occupations and their generally lower education, qualifications and skills levels. It notes the Government’s indication that the unemployment rate for Maori was 13.3 per cent in the year to March 2010, which was 4.5 per cent points above its 2009 level; when compared with the unemployment rate for all people which was 6.4 per cent in March 2010, the rate for Maori has increased more sharply. In 2010, Maori were still most commonly represented in the occupational groups of plant and machine operators and assemblers, and service and sale workers. With regard to the public service, in 2009 the representation of Maori and Pacific Island people was 16 per cent and 7.4 per cent, respectively. The Committee also notes the Government’s indication that provision of employment and training opportunities to Maori and Pacific Island people continues to be an area of high priority, in particular by the Tertiary Education Commission, aiming at achieving equality in employment and vocational training; the priorities for the Tertiary Education Strategy 2010–15 make specific reference to youth and under-represented groups, including Maori and Pacific Island people; in 2010, changes were introduced to the Ministry of Social Development’s Training and Opportunities Programmes aimed at improving work skills, by putting a more explicit focus on improving literacy and numeracy skills. The Government adds that the Pacific Economic Action Plan, which was launched in 2007, and the work of which places an ongoing emphasis on developing the skill of the Pacific workforce, has been reviewed and as of May 2010 was in the final stages of being updated. However, participation of Maori and Pacific Island people remains low in industry training (as of 2009, 17.2 per cent of the total trainees were Maori, 6.9 per cent were Pacific Island people), and particularly in the Modern Apprenticeship Scheme (as of 2009, 14.22 per cent of the total apprentices were Maori and 3.08 per cent were Pacific Island people). While acknowledging the Government’s continued commitment to improving the education levels of Maori and Pacific Island people and to increasing their training and employment opportunities, the Committee asks the Government to indicate any measures taken or envisaged to address the continuing inequalities faced by Maori and Pacific Island people in the labour market. It also asks the Government to provide information on the results achieved so far, as well as any improvements made to the various strategies, programmes and initiatives used to improve the skills levels and sustainable employment for men and women belonging to Maori and Pacific Island communities. Please also provide detailed information on the Pacific Economic Action Plan, once its update has been completed.

Access to employment and vocational training – women. The Committee notes that, while there has been some progress, the participation rates of women in courses provided by industry training organizations (ITOs) and in the Modern Apprenticeship Scheme remain low (29.2 per cent and 11.67 per cent, respectively). It also notes the Government’s indication that the low proportion of women participating in industry training is due to complex historical factors related to traditional employment patterns and the segmentation of the labour market; industries that had long-standing apprenticeship traditions tended to be male dominated. The Government is currently developing policy projects and sector initiatives to address participation rates by women in vocational training; however, the numbers of women enrolled in male-dominated trades has changed little, and the Government continues to be mindful of this fact and of the need to encourage young women of all backgrounds to consider these trades as viable areas of training and employment. The Committee asks the Government to provide information on any results achieved by its efforts to extend industry training and the Modern Apprenticeship Scheme to industries in which women predominate and to encourage women’s enrolment in courses where their participation is particularly low, as well as the results achieved by the Equal Employment Opportunities Commissioner and the Industry Training Fund to promote diversity and to promote equality of opportunity and treatment with respect to the vocational training courses offered to men and women. With respect to occupational segregation, the Committee also refers to its comments on the Equal Remuneration Convention, 1951 (No. 100).

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government in its report, as well as the communication from the New Zealand Council of Trade Unions (NZCTU)

Article 1, paragraph 1(b), of the Convention. Persons with disabilities. The Committee notes with interest the Disabled Persons Employment Repeal Act, 2007, which has been accompanied by a Government package to ensure support for sheltered workshops and disabled workers. It also notes the information provided by the NZCTU regarding the structural impediments, especially lack of accessible public transport preventing or making it difficult for persons with disabilities to obtain and continue employment. The Committee notes that since the launching in 2001 of the New Zealand Disability Strategy (2001) various measures were taken by the Government to promote equality for persons with disabilities, including the adoption of the Public Transport Management Act, 2008. The Committee asks the Government to continue to report on the implementation of the New Zealand Disability Strategy, and to indicate the impact of the Public Transport Management Act, 2008, on facilitating access of disabled people to public transport services as a means to improve their access to employment.

Transgender people. The Committee notes the findings of the Human Rights Commission (HRC) Inquiry into discrimination experienced by transgender people, released in 2008, which indicate employment discrimination as the most common form of discrimination. The HRC Inquiry made a number of recommendations, such as clarifying that protection from sex discrimination in the Human Rights Act, 1993, includes protection from discrimination on the ground of gender identity, and recognizing that protection from discrimination under the Act requires policies and practices to be inclusive of transgender people. The Inquiry also recommended that the HRC develop an educational programme to address discrimination against transgender people. The Committee further notes the complaints and inquiries dealt with by the HRC in this context. The Committee welcomes this information and asks the Government to continue to provide information concerning discrimination of transgender people and any action taken to follow up on the recommendations made by the HRC Inquiry.

Articles 2 and 3. Promoting equality with respect to race, colour and national extraction. The Committee notes the 2006 census indicating that the ethnic population accounts for more than 11 per cent of the total population in New Zealand, and recalls the NZCTU’s concerns regarding employer prejudices and stereotypical attitudes vis-à-vis Asian and Pacific Island peoples and certain migrant workers inhibiting their access to employment. The Committee notes that the NZCTU, while supporting the Government’s initiatives to promote equality and diversity for the different communities, draws attention to the fact that migrant workers and members of ethnic minorities are still treated less favourably in respect of employment and occupation, and that certain migrant workers have reported experiencing racial discrimination in employment. The Committee welcomes the activities by the Office of Ethnic Affairs and those launched by the New Zealand Settlement Strategy and National Action Plan, but notes that no specific measures have been taken to address employer prejudices and stereotyped attitudes with respect to migrant workers. Recalling the importance of undertaking educational and awareness-raising programmes to secure the acceptance of the national equality policy with respect to the grounds of race, colour and national extraction (Article 3(b) of the Convention), the Committee asks the Government to undertake the necessary measures aimed at addressing employer prejudices and employer stereotypical attitudes vis-à-vis migrants and ethnic minorities. Please also provide information on the specific practical measures taken to ensure that migrant workers are not discriminated against on the basis of these grounds.

Achieving equality in the public service. The Committee recalls the vertical occupational segregation of Maori and Pacific Island people in the public service, and the findings of the mid-term review “EEO Policy to 2010: Future directions of EEO in the Public Service”. The Committee notes that, based on these findings, the State Service Commission (SSC) developed its “Equality and Diversity: New Zealand Public Service Equal Employment Opportunity Policy”, which took effect from April 2008. The Committee further notes that statistics of 2007 indicate an ethnic pay gap in the public service for Maori, Pacific Island people and Asians of 10, 20 and 10 per cent, respectively. Noting that the SSC will monitor equal employment opportunities across the public service through data collection and analysis of the representation of Maori, women, ethnic and minority groups and people with disabilities, the Committee asks the Government to provide information on the outcome of this monitoring, and on the activities undertaken under the equality and diversity policy to address occupational segregation in the public service.

General measures to promote equality of opportunity and treatment between men and women. The Committee recalls the occupational gender segregation in New Zealand’s labour market and the barriers faced by women relating to their family responsibilities in seeking to return to work at the same level or to access posts of responsibility. The Committee notes from the Government’s reports on this Convention and on the Equal Remuneration Convention, 1951 (No. 100), the continuing efforts undertaken by the Government to promote work–life balance and facilitate the reintegration of women with family responsibilities into the workplace. It notes with interest in particular the adoption of the Employment Relations (Flexible Working Arrangements) Amendment Act, 2007, the Employment Relations (Breaks, Infant Feeding and other Matters) Amendment Act, 2008, the research undertaken by the Ministry of Women’s Affairs (MWA) on occupational segregation which will inform further policies, and the evaluation carried out by the Ministry of Labour of the paid parental leave (PPL) scheme which shows positive outcomes. The Committee also notes that the Government has committed to follow-up on proposals for improvements of the PPL scheme relating to widening its eligibility criteria, increasing its duration and payment levels, and increasing the father’s access to paid leave. The Committee requests the Government to provide information on the results of the MWA study on occupational segregation, and on the follow-up given to the proposals to improve the PPL scheme. The Committee would also be grateful if the Government could indicate more specifically whether the measures aimed at facilitating the reintegration of women with family responsibilities in the labour market have helped them to return to work at the same level or to access posts of responsibility.

Collective agreements and workplace initiatives. The Committee notes that in March 2008, 7.3 per cent of the collective agreements contained EEO provisions covering 18 per cent of employees; 0.8 per cent contained explicit references to Maori, which is down from 2 per cent in 2006. The Committee further notes with interest the results from the 2007 Diversity Survey report, indicating that the percentage of respondents with a strategy or policy-endorsing EEO or diversity continues to increase, with the greatest increase in the private sector. Considering that workplace policies and collective agreements containing EEO provisions can be an important means to achieve the objectives of the Convention, particularly in the private sector, the Committee asks the Government to continue to monitor the progress made in this regard. Please provide information on the lessons learned from the application of EEO policies and collective agreements for improving equality of opportunity and treatment in employment and occupation, in the workplace.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government in its report as well as the communication from the New Zealand Council of Trade Unions (NZCTU) and the Government’s reply thereon. With respect to the NZCTU’s comments concerning migrant workers under the Recognized Seasonal Employer (RSE) Scheme, the Committee notes that the issues raised primarily relate to inequalities with respect to social security, remuneration, accommodation and trade union membership covered by the Migration for Employment Convention (Revised), 1949 (No. 97). As some of the issues have been addressed by the Committee in its observation of 2007 on Convention No. 97, the Committee will examine the NZCTU’s comments on the RSE Scheme together with the Government’s next report on that Convention.

Access to employment and vocational training – Maori and Pacific Island peoples. The Committee recalls its previous observation addressing issues relating to the occupational segregation of Maori and Pacific Island people into certain occupations and their generally lower education, qualifications and skills levels. The Committee notes the Government’s statement that despite the increasing labour force participation of Maori there is a need to ensure that skills of those Maori entering employment are matched to higher skilled and higher wage jobs. The Government also indicates that Pacific Island people, especially women, continue to be overrepresented among the unemployed, lower skilled and low-income earners. Maori and Pacific Island people also continue to be disproportionately represented in services and sales, trades and elementary occupations. The Committee further notes from the communication of NZCTU that, according to 2005 statistics, 20 per cent of Pacific Island workers earned less than the current minimum wage level. The Committee notes that there are a number of initiatives in place to increase skills levels of, and provide employment assistance to, Maori and Pacific Island people. The positive outcomes for Maori under the initiatives to improve sustainable employment, as well as the positive outcomes of the training programmes run in 2007 by the Tertiary Education Commission to achieve equality in employment and vocational training are particularly noteworthy. However, participation of Maori and Pacific Island people remains low in industry training and particularly in the Modern Apprenticeship Scheme. While welcoming the Government’s commitment to improving the education levels of Maori and Pacific Island people and to increase their training and employment opportunities, the Committee invites the Government to accelerate its efforts to address the continuing inequalities faced by Maori and particularly Pacific Island people in the labour market. The Government is requested to provide information on what lessons have been learned on the impact achieved so far from the various strategies, programmes and initiatives used to improve the skills levels and sustainable employment for men and women belonging to Maori and Pacific Island communities.

Access to vocational training and occupation – women. The Committee recalls that training and vocational guidance are of paramount importance for achieving equality in the labour market in that they are a key element in determining the actual possibilities of gaining access to a wide range of occupations and employment. The Committee recalls the low participation rate (26.7 per cent) of women in courses provided by industry training organizations (ITOs) and the extremely low (less than 10 per cent) participation rate of women in some of the courses offered by the Modern Apprenticeship Scheme. The Committee notes the information concerning the training programmes run by the Tertiary Education Commission, including the positive outcomes regarding the participation rates and subsequent employment of women for some of the programmes. It also notes, however, that the NZCTU continues to express concern at the low participation of women in the Modern Apprenticeship Scheme, and points out that female participation is almost nonexistent in the three industries dominating the Scheme, notably building and construction, engineering and motor engineering. According to the NZCTU, public sector and tourism are the only sectors where there are more women than men. The Committee notes the Government’s indication that the Equal Employment Opportunities (EEO) Commissioner and the Industry Training Fund (ITF) continue to take measures to improve diversity in the Modern Apprenticeship Scheme and to promote the spread of industry training into new industries in which women predominate. No information had been provided however on the specific results of these efforts. The Committee asks the Government to step up its efforts to extend industry training and the Modern Apprenticeship Scheme to industries in which women predominate and to encourage women’s enrolment in courses where their participation is particularly low. The Government is also requested to continue to report on the results achieved by the EEO Commissioner and the ITF to promote diversity and to promote equality of opportunity and treatment with respect to the vocational training courses offered to men and women. With respect to occupational segregation, the Committee also refers to its observations on the Equal Remuneration Convention, 1951 (No. 100).

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1 of the Convention. Sexual harassment. The Committee notes the information in the Government’s report concerning the complaints received by the Human Rights Commission on sexual harassment in the workplace. Noting, however, that the Government does not provide any specific information on the practical measures taken to promote workplaces free from sexual harassment, the Committee hopes that such information will be included in the Government’s next report. 

2. Discrimination of transgender people. The Committee notes from the comments by New Zealand Council of Trade Unions (NZCTU) that in 2006 a Crown Law Opinion considered that “sex” as a prohibited ground for discrimination under the Human Rights Act would include “transgender”. The Committee notes that research carried out by the Human Rights Commission (HRC) in 2004 and 2005 showed that transgender people face discrimination and that serious concerns exist concerning the human rights status of transgender people. The HRC has recently started an inquiry on experiences of discrimination with the aim of developing strategies to reduce discrimination of transgender people. The Committee asks the Government to keep it informed of the outcome of the research undertaken by the HRC regarding the situation of transgender people and on the strategies proposed and action taken to address discrimination against them in employment and occupation. Please also provide information on complaints submitted to the HRC and the courts regarding sex discrimination of transgender people.

3. Article 1(1)(b). Other grounds (disability). The Committee notes the extensive information in the Government’s report regarding the activities of the various ministries, especially the Ministry for Social Development, to promote equal opportunities for persons with disabilities and to address discrimination against them in employment and occupation. The Government is requested to continue to provide information on the measures taken to promote equality of opportunity and treatment for persons with disabilities in the workplace.

4. Articles 2 and 3. General measures to promote equality of opportunity and treatment between men and women. Further to its previous comments on measures to assist workers with family responsibilities, the Committee notes with interest the adoption of the Parental Leave and Employment Protection (Paid Parental Leave for Self Employment Persons) Amendment Act of 2006, and the development of an Employment Relations (Flexible Working Hours) Amendment which would provide a specific right for qualifying employees with children to request flexible working hours or working days. The Committee notes the exchange between the Government and Business New Zealand (Business NZ) and the NZCTU on these legislative developments, as well as the NZCTU’s suggestion that further legislative change is needed to ensure that no uncertainty exists about women’s right to breastfeed at work. It also notes the Government’s statement that until now very few male partners have utilized the parental leave entitlements. The Committee asks the Government to provide information on the following: (1) the impact of the parental leave legislation on achieving equality in the workplace and the measures taken to encourage more fathers to take up such leave; (2) any legislative steps taken to ensure the right to breastfeed at work; and (3) the progress made in the adoption of the draft legislation on flexible working hours, taking into account the comments by Business NZ and the NZCTU.

5. Access to vocational training and education. The Committee notes the Government’s statement that the low participation rate of women (26.7 per cent) in courses provided by industry training organizations (ITOs) is due to historical factors related to traditional employment patterns and segmentation of the labour market. Industries that tended to be male dominated were well placed to access funding from the Industry Training Fund (ITF) in the past. The Committee further notes the NZCTU’s concern that the Modern Apprenticeship Scheme has not yet been fully extended to female-dominated work areas and that there continues to be a low uptake by young women of apprenticeships in traditionally male-dominated industries. The NZCTU proposes to extend or remove the upper-age limit for the scheme so that more workers from a range of backgrounds and sectors (i.e. women, migrants and new settlers, Maori, Pacific Island people, Asians, people with disabilities, etc.) would be able to apply for the scheme. Noting that the Equal Employment Opportunities (EEO) Commissioner is making efforts to address the under-representation of women and to improve diversity in the Modern Apprenticeship Scheme, and that the ITF is taking measures to promote the spread of industry training into new industries that are female dominated, the Committee asks the Government to provide information on the results achieved with respect to a more balanced representation of men and women in vocational training programmes. 

6. Achieving equality in public service. The Committee notes from the “EEO Progress Report in the Public Service – 2000-2004” published by the States Services Commission (SSC) that Maori made up 17 per cent and Pacific peoples 7.1 per cent of the public servants, and tend to be clustered into the associate professionals group, while being under-represented in the professionals, managerial and science/technical occupation groups. While the overall number of Pacific senior managers remained low, the retention rate for Pacific managers was higher than the rate for all managers. However, retention rates for Maori managers and professionals were markedly lower than the overall rates for those occupations. The number of female Maori senior managers however increased. With regard to the “other ethnic groups” category, the progress report indicates that they were mainly employed in the professional group and that their proportion in senior management was also generally higher than that of Maori, Pacific peoples and Asian groups. European public servants, as the largest group in the public service, were highly represented in the professionals, managers and science/technical occupations groups, and made up 89 per cent of the senior managers. With respect to women’s representation in the public service, the progress report shows an increase from 56 per cent in 2000 to 59 per cent in 2004. However, male public servants had considerably higher representation than female public servants in the managers, science/technical and personal and protective services workers occupation groups. In 2004, female public servants accounted for 36 per cent of senior managers (tier 1, 2 and 3 managers). The Committee notes in this regard the comment by the NZCTU that the expectation in the public service that senior workers and managers are available for long work hours, both evenings and weekends, is a barrier to women from applying for such jobs. The Committee notes that the Government has embarked on a Five-Year Plan of Action on Pay and Employment Equity in the public service and the public health and public education sectors, and that pay and employment equity reviews are meant to be completed by the end of 2008. Noting that the SSC is developing a new Public Service Equal Employment Opportunities/Diversity Policy, the Committee hopes that this policy will include measures to address the occupational segregation of the public service along ethnic and gender lines, particularly with respect to management positions. The Committee asks the Government to keep it informed of the adoption of the policy and its implementation, as well as of the outcome of the pay and employment equity reviews. Please also continue to provide statistical information, disaggregated by sex and ethnic group, on the progress made in achieving equality in the public service.

7. Collective agreements and workplace initiatives. The Committee notes from the Government’s report that the number of EEO provisions in collective employment contracts and agreements increased from 17 per cent in 2001 to 18.3 per cent in 2006 and that 2 per cent of the current collective employment agreements contain explicit references to Maori, and 55 per cent contained culturally sensitive bereavement leave provisions. It also notes that 93 per cent of the EEO Employers’ Group had a policy or strategy in 2005 and that one third had an action plan to implement their policy or strategy. Twenty-two per cent of private sector employers had a documented plan compared to 55 per cent of public sector respondents. Business NZ, however, questions whether the existence of such plans and policies is any real indication of workplace diversity. The Committee asks the Government to indicate the practical impact of the EEO plans and policies in respect of achieving equal treatment in access to jobs and in their terms and conditions of employment for the workers covered. Please also continue to supply statistical data on the progress achieved in including EEO provisions in collective employment contracts and agreements as well as in the adoption of EEO plans and policies, both in the public and private sectors.

8. Action by national institutions to promote equality in the workplace. The Committee notes the National Equal Opportunities Network (NEON), a web site created in partnership with the Human Rights Commission (HRC) and the EEO Trust, which provides information about the status of women, Maori and Pacific people as well as other ethnic groups in the workplace and information on employment discrimination. It also notes the new projects launched by the EEO Trust on different aspects of diversity and flexibility at work. The National Advisory Council on the Employment of Women (NACEW) also developed a strategic plan for 2004–07 focusing on the promotion of valued quality work, equipping women with choice and influencing future directions for women in the workplace. It notes that, in this context, a research project has started aimed at improving the situation of women in precarious employment, in particular in the homecare, residential and cleaning sectors. The Committee welcomes the activities by the various state bodies relating to the application of the Convention, and asks the Government to indicate in its next report the specific impact they have had in achieving greater equality of opportunity and treatment in employment and occupation.

9. Enforcement. The Committee notes the information on the personal grievance complaints brought to the Employment Relations Authority and the Mediation Service of the Department of Labour. It also notes that 38 per cent of the complaints dealt with by the HRC in 2005 were complaints and inquiries relating to discrimination in employment and pre-employment, the majority of them dealing with discrimination based on age, disability, race, sex and sexual harassment. More than half of the complaints were submitted by women and a large number were submitted by New Zealand Europeans and Maori. The Committee asks the Government to continue to provide information in its reports on decisions of the courts and other relevant bodies relating to discrimination in employment and occupation.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the information provided by the Government in its report, as well as the comments of the New Zealand Council of Trade Unions (NZCTU) and of Business New Zealand (Business NZ) and the Government’s response thereto.

1. Articles 2 and 3 of the Convention. Equality of opportunity and treatment based on race, colour and national extraction. The Committee recalls its previous comments relating to existing labour market inequalities along ethnic lines especially for Maori and Pacific people. The Committee notes from the Government’s report that in 2005, the unemployment rate for Maori and Pacific people further declined but that they continue to be disproportionately distributed in the industry groupings of wholesale and retail trades and the occupational groupings of plant and machine operators and elementary occupations. The Committee notes that the Government is taking comprehensive measures to improve the training and employment opportunities of the Maori and Pacific people. It notes in particular the Pacific Workforce Development Strategy of the Ministry of Pacific Island Affairs (MPIA), the Maori Tertiary Education Framework and the Pasifika Education Plan. It also notes the programmes of the Office of Ethnic Affairs such as the Language Line, the Ethnic Perspective in Policy and the draft Intercultural Awareness and Communication programme to support the development of intercultural awareness issues in employment and the workplace. The Committee also notes that the Tertiary Education Commission is running a number of programmes aimed at helping under-represented groups to achieve equality in employment and vocational training, which appear to have had some positive impact on the situation of Maori and Pacific people. 

2. The Committee notes, however, that the NZCTU, while welcoming the progress made in promoting training and employment opportunities for Maori and Pacific people, continues to raise concerns about existing labour market inequalities along ethnic lines. The NZCTU indicates that while the rate of Maori participation in tertiary education has grown exponentially over the past few years, the proportion of Maori students leaving school without qualifications remains much higher than other students. Maori are also more likely to enrol in diploma and certificate-level programmes and they continue to be under-represented in degree level and postgraduate programmes. The NZCTU further draws attention to the fact that young people, Maori, Pacific people and Asian workers, and sometimes new migrants, are facing prejudices by employers based on stereotyping. Surveys conducted with employment agencies showed that having a foreign sounding name could reduce the likelihood of a job applicant obtaining an interview. According to the NZCTU, there has also been an impact on New Zealand born and educated job applicants perceived as being foreign, particularly Asian and Pacific people, as well as new migrants. The NZCTU, while acknowledging that current skills and labour shortages are helping employers to focus more on the tasks required for the job, submits that more work is needed to encourage employers to look beyond their prejudices and to make better use of the untapped potential of these groups. 

3. The Committee further notes that a number of initiatives are being carried out to implement the Auckland Migrant and Refugee Strategy with a view to improving the employment situation of the migrant and refugee population. Initiatives include, among others, the appointment of specialist migrant case managers and work brokers to facilitate regular job search seminars and individualized assistance for newly arrived or underemployed migrants; an employment programme for highly qualified migrant engineers; specialized job search programmes for migrant and refugee jobseekers such as Migrant Job Link and the Auckland Chamber of Commerce Work Experience Programme for professionally qualified migrants; and support for, and expansion of, services to migrant centres across the regions. The Committee, while welcoming these initiatives, remains nevertheless concerned about the existing prejudices and stereotypical attitudes of employers vis-à-vis migrant workers and the impact of these attitudes on the employment situation of migrant workers. The Committee asks the Government: (1) to continue to provide information on the education and training initiatives, and their impact, on improving access of Maori and Pacific workers to training and education, including in degree-level and postgraduate courses, and to employment; (2) to provide information on the measures taken or envisaged to address discriminatory attitudes based on race, colour, or national extraction, including any research or awareness-raising campaigns; and (3) to indicate the specific measures taken, including under the Auckland Migrant and Refugee Strategy, to address stereotypical attitudes by employers with respect to migrant workers and to ensure that migrant workers are not discriminated against on the basis of race, colour or national extraction.

4. Equality between men and women in employment and occupation. The Committee notes from the figures for 2004 in the Government’s report that occupational gender segregation continues to be significant in New Zealand’s labour market. Men are still overrepresented in the occupational categories of legislators, administrators and managers, trades workers, agricultural and fishery workers, elementary occupations and plant and machine operators; women are over-represented in the categories of community social and personal services, clerks, professionals and service and sales workers. The Committee notes the concern raised by the NZCTU that career breaks due to childbearing and raising a family and the lack of family-friendly support in the workplace constitute barriers for women seeking to return to work at the same level and to access more senior posts. The Committee notes in this regard the activities carried out to achieve the goals set under the Action Plan for New Zealand Women of the Ministry of Women’s Affairs (MWA) such as the Pay and Employment Equity Plan of Action for the public sector, the Working for Families Package, the paid parental leave provisions, the work–life balance initiatives and the increased funding for Early Childhood Education. The Committee asks the Government to indicate how these measures have had an impact on improving equality between men and women in the workplace, and in particular on facilitating the return to, and reintegration in, the workforce of women with family responsibilities, as well as on addressing the occupational gender segregation in the labour market. Noting the extensive measures taken to assist workers with family responsibilities, the Committee asks the Government to indicate whether any consideration is being given to ratifying the Workers with Family Responsibilities Convention, 1981 (No. 156).

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes the detailed reply provided by the Government to the Committee’s 2002 general observation concerning sexual harassment. It notes that sexual harassment (quid pro quo and hostile environment) is prohibited under the Human Rights Act (HRA) and the Employment Relations Act (ERA). The HRA and the ERA provide for a broad scope of employer liability, which includes actions of clients, customers, and co-workers. Under the HRA, an employer will not be liable if they have taken all "reasonably practical" steps to prevent sexual harassment, such as having an operational sexual harassment policy, effective communication of the policy and regular training. The ERA protects all employees from sexual harassment, including homeworkers and persons intending to work. Under the ERA, the employer has an obligation to investigate sexual harassment complaints and to prevent repetition. The Committee asks the Government to continue to provide information on the implementation of the relevant legislation and the practical measures taken to promote workplaces free from sexual harassment.

2. Article 2. Equality of opportunity and treatment of men and women. The Committee notes the information provided by the Government on the measures taken to promote gender equality in employment. The Government is requested to continue to provide such information in its future reports, including information on the following issues:

(a)  Noting that the eligibility criteria for paid parental leave under the Parental Leave and Employment Protection Act have been extended in 2005, the Committee requests the Government to continue to provide information on the operation of this scheme in practice, indicating its impact on achieving gender equality in employment. Please also provide information regarding the extent to which fathers make use of parental leave entitlements and on whether the scheme has been extended to self-employed persons.

(b)  Noting that the Human Rights Commission underlined in its 2004 report entitled "Human Rights in New Zealand today" the difficulties faced by women returning to the workforce after time away from work for family responsibilities, the Committee asks the Government to continue to provide information on the measures taken to address such difficulties.

(c)  Noting the concerns raised by the New Zealand Confederation of Trade Unions (NZCTU) regarding the low level of female participation in non-traditional vocational training, the Committee asks the Government to provide information on the measures taken to promote a more balanced participation of women in the vocational training programmes concerned, including results achieved.

(d)  The Government is requested to continue to provide information on the activities of the National Advisory Council on the Employment of Women and the implementation of the action plan for new Zealand women, as far as related to the application of the Convention.

3. Article 3(d). Application of the Convention in the public sector. Recalling its previous comments regarding the coverage and application of non-discrimination legislation in the public sector, the Committee notes with interest the guidelines published by the Ministry of Justice on how to apply the non-discrimination standards contained in national legislation in the public sector. The Government is requested to continue to provide information on the practical application of non-discrimination legislation and the progress made in achieving equality of opportunity and treatment in the public sector.

4. Enforcement. The Committee requests the Government to continue to provide information on the enforcement of non-discrimination legislation, including information on relevant decisions of the courts and other relevant bodies.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information provided by the Government in its report and the attached documentation, as well as the comments made by Business New Zealand (Business NZ) and the New Zealand Council of Trade Unions (NZCTU) and the Government’s response to these comments. It recalls the comments submitted by the International Confederation of Free Trade Unions (ICFTU) dated 6 May 2003 and notes the Government’s reply thereto.

2. Articles 2 and 3 of the Convention. Equality of opportunity and treatment of Maori and Pacific workers. The Committee notes the ICFTU’s statement that social inequalities persist between the indigenous Maori and non-Maori populations, including higher unemployment levels than the national average, lower levels of formal qualifications and occupational segregation in low-paid jobs. As the extent to which these inequalities reflect employment discrimination against Maori and Pacific people was not clear, the ICFTU suggests that research on this issue should be undertaken. Business NZ expresses the view that employment difficulties of these ethnic groups were due to "educational deficiencies" limiting employment choices rather than discrimination.

3. The Committee notes from the Government’s report that labour market inequalities between Maoris and Pacific people continue to exist, though some progress has been made in recent years. The average unemployment rate of Pacific people decreased from 16.8 per cent in 1997 to 7.6 per cent in 2004 (8.8 per cent for women), while the average unemployment rate for Maoris decreased from 10.8 per cent in March 2002 to 9.4 per cent in March 2004 (10.9 per cent for women). By comparison, the national average rate was at 4.6 per cent and the rate for European New Zealanders was at 3.4 per cent (3.9 per cent for European women). According to the Government, Pacific people continue to be over-represented among the unemployed, lower skilled and low-income earners, while Maoris and Pacific people are disproportionably distributed in the industry grouping of manufacturing and trades and the occupational group of plant and machine operators.

4. The Committee considers that where marked labour market inequalities along ethnic lines exist, a national policy to promote equality of opportunity and treatment, as envisaged in Articles 2 and 3 of the Convention should include measures to promote equality of opportunity and treatment of members of all ethnic groups in respect to access to vocational training and guidance, placement services, employment and particular occupations, and terms and conditions of employment. In order to achieve the objective of the Convention it is necessary to address gaps in training and skills levels, as well as to examine and eliminate other difficulties and barriers that Maoris, Pacific people, and members of other ethnic groups, face in accessing and retaining employment in the various sectors and occupations. The Committee recalls that the Convention covers all discrimination, without referring to the intention of an author of a discriminatory act or even without there needing to be an identifiable author, as may be the case in situations of indirect discrimination (General Survey, 1988, paragraph 26). Indirect discrimination occurs when apparently neutral requirements or practices result in a disproportionately harsh impact on some members of ethnic groups. It therefore welcomes the Government’s statement that a comprehensive approach needs to be taken to issues of discrimination and disadvantage, and it notes the various programmes and activities carried out by the different ministries and other public bodies to promote training and employment of Maori and Pacific people. The Committee requests the Government to continue to provide detailed information on the measures taken and results achieved in promoting the access of Maori and Pacific people to training and private and public employment, including information on how many Maoris and Pacific people were employed or engaged in self-employment following participation in training and employment-creation schemes, as well as statistics on labour market participation and earnings disaggregated by ethnicity and sex.

5. Equality of opportunity and treatment of migrants. The Committee notes that according to the NZCTU, research has indicated that a significant number of employers would be reluctant to employ a person who spoke English with a strong "foreign" accent. The NZCTU also states that employment agencies were less likely to put new settlers forward for an interview where a range of candidates was available. In this regard, the Committee further notes that the Human Rights Commission has pointed to difficulties of migrants in accessing appropriate employment in its 2004 report entitled "Human Rights in New Zealand today". While noting that the Government has taken a number of general measures to assist migrants, the Committee recalls that the Convention is intended to protect all workers from direct and indirect discrimination on the grounds listed in its Article 1(1)(a) and requests the Government to provide information on the measures taken to ensure that migrant workers are not excluded from employment on the basis of their race, colour or national extraction, without an objective justification based on the inherent requirements of a particular job.

6. National machinery to promote equality. The Committee notes with interest the establishment of an Equal Employment Opportunities (EEO) Commissioner within the Human Rights Commission in 2002 and the appointment of the first EEO Commissioner in 2003. The Commissioner’s mandate includes, inter alia, providing leadership and advice on EEO matters, to evaluate the role that legislation, guidelines and voluntary codes of practice play in promoting best practice in equal employment opportunities, and to monitor and analyse progress made in improving equal employment opportunities. Since the Commissioners appointment, the Human Rights Commission has issued the report "Framework for the future: Equal employment opportunities in New Zealand" in which a number of recommendations were made, including regarding the introduction of new legislation that would require private and public employers to develop and implement EEO plans and to report regularly on outcomes. The Committee requests the Government to continue to provide information on the activities of the Human Rights Commission and the EEO Commissioner, as well as on any follow-up to the abovementioned report. The Government is also asked to continue to provide information on the progress made in achieving equal employment opportunities in the private and public sectors, as well as information on how the various bodies dealing with EEO issues cooperate with each other, and with employers’ and workers’ organizations.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the comments sent by the International Confederation of Free Trade Unions (ICFTU) dated 6 May 2003, which contain information concerning discrimination on grounds of race. These comments have been forwarded to the Government on 9 June 2003 and the Committee will address them at its next session together with the Government’s responses to these comments and to the observation made in 2002.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes the detailed information provided by the Government in its report and the attached documentation. It also notes the comments submitted by Business New Zealand and the New Zealand Council of Trade Unions (NZCTU) and the Government’s reply to NZCTU.

2. The Committee notes with interest that the Employment Relations Act (ERA), which entered into force on 2 October 2000, prohibits direct and indirect discrimination against employees by their employers or representatives on the same grounds as those listed in the Human Rights Act (HRA) of 1993 and provides for a personal grievances procedure. The Act also provides protection and remedies in respect to sexual and racial harassment. Employees concerned have the choice of whether to lodge a complaint under the Human Rights Act or to pursue a personal grievance under the ERA. The Committee asks the Government to provide information in its future reports on the practical application of the ERA in respect to non-discrimination and equality, including indications as to the number and nature of personal grievances pursued and their results.

3. With reference to its previous comments encouraging the Government to include the ground of political opinion as a proscribed ground of discrimination, the Committee recalls that the Human Rights Amendment Act 1999 deferred the expiry of section 151 which provided for a temporary exemption for government compliance with the prohibition of discrimination on a number of grounds, including political opinion, to 31 December 2001. It notes with satisfaction that section 151 has now expired and that the prohibition of discrimination in employment on the basis of political opinion and the other grounds listed in section 22 of the HRA, as amended by the Human Rights Amendment Act 2001, now also applies to government employment. Noting from the Government’s report that the State Services Commission and the Ministry of Justice were considering what exemptions, if any, would apply to employment discrimination in the public sector concerning political neutrality of public servants, the Committee asks the Government to provide information on any legislative, administrative or other measures taken in this regard. It also requests the Government to provide information on the practical application of the non-discrimination provisions of the Human Rights Act, in respect to the public and the private sector, including on the number, nature and results of cases brought under the Act.

4. The Committee trusts that the Government will supply the report on the "Compliance 2001" process that specifies the recommendations made by the Human Rights Commission in accordance with section 5(1)(k) of the Human Rights Act 1993. In this regard, the Committee notes the NZCTU’s request to be consulted by the Human Rights Commission in drafting the National Plan of Action that will be developed in the context of the "Compliance 2001" effort, in order to identify and target significant areas of discrimination. It is the NZCTU’s understanding that such a plan is not solely the Commission’s responsibility but is a consultative and collaborative exercise. The Committee asks the Government to indicate if measures have been taken to obtain the cooperation of workers’ and employers’ organizations for such an exercise. Moreover, noting that both NZCTU and Business NZ are represented in the EEO Advisory Group that advises the Government on the strategies to achieve the EEO Vision, the Committee hopes the Government will continue to provide information on the activities undertaken in cooperation with the workers’ and employers’ organizations to promote greater equality in the labour market.

5. The Committee notes that the NZCTU expresses concern for the fact that trade union membership or activity is not a prohibited ground of discrimination under the Human Rights Act 1993 and it is also excluded from the Employment Relations Act 2000. It reports that the Human Rights Commission had supported extending the prohibited grounds to include trade union membership and activity. The Committee also notes the Government’s reply to NZCTU that states that Part 3 of the Employment Relations Act covers discrimination on the ground of trade union membership through the provisions that regulate freedom of association. In particular, section 7(b) prescribes that "no person may, in relation to employment issues, confer any preference or apply any undue influence, directly or indirectly, on another person because the other person is or is not a member of a union".

6. Further to its previous observations, the Committee notes with interest the data provided in the Government’s report on the presence of Equal Employment Opportunities (EEO) provisions in collective employment contracts and agreements. The information collected by the Government covers 21 per cent of the labour force, and shows that 17 per cent of the contracts contain EEO provisions and 2 per cent contain explicit provisions relating to Maori. The Committee also notes the EEO Trust Diversity Survey 2000 showing that in the private sector 76 per cent of the employees on both individual and collective employment agreements in the year 2000 are covered by an EEO Policy, 17 per cent by an EEO Plan, and 21 per cent by both. The Committee asks the Government to continue to supply statistical data on the progress achieved in including EEO provisions in contracts and agreements, both in the public and private sectors, and on the impact this policy has had for those workers covered, in respect of achieving equal treatment in access to jobs and in their terms and conditions of employment.

7. The Committee notes the NZCTU’s comments that underline the importance of establishing an Employment Equity Commissioner within the Human Rights Commission, as also stated in Recommendation No. 14 of the tripartite EEO Advisory Group’s report. The Commissioner would improve coordination of EEO legislation and programmes across both the public and private sectors. It would be charged to develop a EEO minimum code (which brings together all existing EEO-related legislation) and a voluntary EEO code of practice. The Committee requests the Government to indicate the steps it envisages taking in order to give effect to the recommendations of the EEO Advisory Group. Further on EEO policies, the Committee notes the comments of Business NZ that express concern about EEO policies that may prevent employment decisions based on individual merit. It also notes the Government’s report that states that EEO policies are to promote proactive and positive measures to ensure that all employment decisions are made on the basis of individual merit, overcoming barriers and discriminatory attitudes and behaviour. The Committee hopes that the Government and the workers’ and employers’ organizations will continue to work together so that employment decisions will be made on the basis of unbiased assessment of individual merit, overcoming discriminatory direct and indirect practices.

8. The Committee notes with interest tables 4 and 7 in the Government’s report on gender and ethnic pay gaps by occupations, and the comments of both NZTCU and Business NZ on this issue. The Committee notes that there is a substantial agreement that a significant component of the gender and ethnic earnings gap is given by professional segregation, with women and Maori and Pacific Island populations still distributed mainly towards lower paid occupations both in the public service and in the private sector. In this regard, the Committee also notes the CERD’s concluding observations of 23 August 2002 that express concerns on the continuing disadvantages that Maori, Pacific people and other ethnic communities face in the enjoyment of social and economic rights, such as the right to employment and social welfare (paragraph 11). The Committee requests the Government to continue to provide information on the initiatives taken to promote equality in the labour market for these more vulnerable groups, and in particular to supply information on the activities of the National Advisory Council on the employment of women, on the pay equity project of the Ministry of Women’s Affairs, on the project to assist Maori women in self-employment, on the activities of the Ministry of Maori Development and the Ministry of Pacific Island Affairs, and Skill New Zealand.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes the detailed information provided by the Government in its report and the attached documentation. It also notes the comments submitted by the New Zealand Employers' Federation (NZEF) and the New Zealand Council of Trade Unions (NZCTU) and the Government's reply.

2. The Committee notes with interest the Government's statement that, as of 1 February 1999, section 21(1)(ii) of the Human Rights Act of 1993 came into effect, abolishing compulsory retirement and prohibiting, with some exemptions, discrimination against employees and job applicants on the basis of age. It further notes the adoption of the Human Rights Amendment Act of 1999 (which entered into force on 1 October 1999), and in particular that section 152 defers the expiry date of section 151 (which provided temporary exemption for government compliance with the prohibition of discrimination on a number of grounds, including political opinion) to 31 December 2001. The Act further requires, in consultation with the Human Rights Commission, the submission of six-monthly ministerial reports on the progress made by or on behalf of the Government in remedying significant inconsistencies between any legislation and the Act of 1993. The Committee notes, however, that the 1999 Act exempts section 151 from being subject to such an assessment. The NZCTU expresses its concern about the extension of this expiry date as well as the Government's decision in 1997 to consider conflicts as legislation arose. The Government replies that, due to the extensiveness of the "Consistency 2000 Project" (carried out by the Human Rights Commission, pursuant to section 5(1)(i) to (k) of the Human Rights Act of 1993, to examine inconsistencies between the new grounds of discrimination in Part II of the Act and the existing legislation, and policies and administrative practices of the Government), an extension of the deadline for compliance was necessary to deal with issues arising from inconsistencies found. Further, according to the Government, a number of mechanisms have been put into place to continue the process of review, including consideration of conflicts with the Human Rights Act as legislation comes up for review as well as mechanisms to ensure that existing regulations are assessed for consistency. While noting the mechanisms instituted by the Government, the Committee recalls that it has, for some years, been encouraging the Government to include the ground of political opinion as a proscribed ground of discrimination. It draws the attention of the Government once again to paragraph 60 of the 1988 General Survey on equality of employment and occupation, where it stated that one of the essential traits of this type of discrimination is that it is most likely to be due to measures taken by the State or the public authorities. Noting the exemption of section 151 from the ministerial reports, the Committee requests the Government to provide further information on what protection and avenues are afforded to persons who consider themselves to be subject to discrimination in employment on one or more of the exempted grounds, in particular political opinion, until the end of the year 2001. Further, in this connection, the Committee notes the recommendations made in the "Report to the Minister of Justice pursuant to section 5(1)(k) of the Human Rights Act 1993", produced by the Human Rights Commission in December 1998, and requests the Government to provide information in its next report on the follow-up to these recommendations.

3. The Committee notes the continuing efforts by the Government to promote equality of opportunity and treatment in employment and occupation in the public sector, and encourages the Government to continue to provide such information in future reports. The Committee notes that a Gender Integration Audit of the New Zealand Defence Force in 1997-98 has been carried out and requests the Government to provide a copy of the Audit Report and to provide information on the follow-up taken by the New Zealand Defence Force to implement its recommendations.

4. As regards the promotion of equal opportunity and treatment in the private sector, the Committee notes that the statistics provided by the Government show a significant imbalance in the representation of women in industry training and indicate that, although women are generally well represented in tertiary education, they continue to be over-represented in certain fields of education. The Committee notes with interest that the women's unemployment rate has decreased and is now lower than that of men, and that there is a further increase in women's participation in the legislators, administrators and managers category between March 1997 and March 1999. The Committee also notes that men continue to be over-represented in this category, whereas women only constitute 35 per cent of the higher-level executive and manager posts. Women also continue to be over-represented in professional and clerical occupations as well as in the category of sales and service workers, whereas men continue to be over-represented in the transport, storage and communications industry and in the building and construction industries.

5. As concerns the promotion of equality of ethnic minorities, in particular the Maori, the Committee notes the report produced in 1998 by the Ministry of Maori Development, according to which disparities in Maori and non-Maori labour force participation have widened due to a number of social and economic gaps, including lower participation in training and tertiary institutions and lower-level qualifications. While noting with interest that the unemployment rate for Maori women has decreased from 19.6 per cent in 1998 to 16.8 per cent in 1999, the Committee also notes that the unemployment rate for Maori men has substantially increased over the past year from 16.9 per cent in 1998 to 20.9 per cent in 1999. Further, the Committee notes that figures provided by the Government for 1998-99 continue to show that the Maori and Pacific Island labour force is disproportionally distributed toward certain categories of low-paid and low-skilled jobs.

6. In its comments, the NZCTU refers to the abovementioned ministerial report and states that, while recognizing the importance of this report, the NZCTU does not consider the establishment of a ministry to document indicators of discrimination to equate with action to eliminate discrimination. The NZCTU further expresses its concern that no comprehensive approach has been created to respond to the continuing disturbing trend of over-representation of women and minority groups in low-paid, part-time or casual jobs. The Government expresses its disagreements with the NZCTU's statement and refers to a number of measures undertaken to promote equality of opportunity and treatment for women and ethnic minorities in employment and occupation. The Government also states that the Ministry of Maori Development has an important role in monitoring the status of the Maori. While noting this information, the Committee observes, nevertheless, that despite the various measures taken, there is no assurance that the gaps between the Maori and non-Maori are closing or that there is a significant change in the educational and employment opportunities for women and ethnic minorities. The Committee, therefore, can only reiterate its hope that the Government, in cooperation with the NZCTU and the NZEF, will remain attached to its commitment to promote greater equality in the labour market by taking a comprehensive approach to the matter, and to take the necessary steps to enhance access of women and ethnic minorities to non-traditional fields of education and to increase their occupational choices and encourage upward mobility.

7. The Committee notes the NZCTU's statements that the Government has made no arrangement to alter the operation of the Equal Employment Opportunities (EEO) Contestable Fund and the joint Equal Employment Opportunity (EEO) Trust which remain bipartite between employers and the Government, and that no unions have been involved in the process of selecting recipients of funding. The Government replies that it does not accept the above claims made by the NZCTU and that any organization is eligible for funding under the EEO Trust and EEO Contestable Fund. It states that a range of organizations have received funding from the EEO Fund, as demonstrated by the initiatives described in the Government's report.

8. In its previous observation, the Committee had requested the Government to provide an assessment concerning the extent to which individual employment contracts in the private sector contain EEO provisions. In this connection, the NZCTU states that no efforts have been made by the Government to collect or submit comprehensive data on the incidence of EEO provisions in the private sector. The NZEF, on the other hand, describes a number of initiatives to increase educational opportunities for women and ethnic minorities and states that the concept of EEO is inherent in any private sector contract entered into, individual or collective. Consequently, according to the NZEF, the presence in an employment contract of EEO provisions would not achieve any more than does equality legislation and their absence is no indication of non-compliance. The Government replies that there is currently little information available as to the extent to which EEO provisions are included in individual employment contracts. Noting that the statistics provided by the Government in its report on EEO and work and family provisions in employment contracts do not distinguish between collective and individual contracts, the Committee hopes that the Government will take the necessary steps to collect data that would provide a more complete picture of the extent to which EEO provisions have been expressly included in individual employment contracts in the private sector. Further, the Committee requests the Government to provide information on the various activities undertaken, in cooperation with the NZEF and the NZCTU, which indicate the progress made in the application of the Convention and of the national legislation on equality in the private sector.

9. In reference to its previous comments concerning avenues for redress based on those grounds of discrimination proscribed by the Human Rights Act of 1993, but which are not contained in section 28 of the Employment Contract Act of 1991, the Committee notes the decisions supplied and requests the Government to continue to supply examples of cases pertinent to the Convention and, in particular, those related to grounds of discrimination not covered by the Employment Contract Act of 1991.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. Further to its previous observation, the Committee notes the detailed information provided by the Government in its report. The Committee has also noted the comments of the New Zealand Council of Trade Unions (NZCTU) and of the New Zealand Employers' Federation (NZEF) and the Government's replies thereto. The Committee will consider, at its next session, the information provided in the report and by the NZCTU relating to equal pay between men and women in the context of the Government's application of Convention No. 100.

2. The Committee notes with interest the measures being taken by the Government to promote equality in the public sector, including the recent development of a policy on equal employment opportunity (EEO) in the public service up to the year 2010, which provides a framework for implementing EEO and establishes expected standards and outcomes for departments to achieve. In regard to a concern raised previously by the NZCTU -- the enforcement of the good employer provisions of the State Sector Act, 1988 (personnel policies for fair and proper treatment of public employees) -- the Committee notes that the Employment Tribunal has the power to order compliance with these provisions and that employees may be able to bring an action of breach of contract against the employer, as most public service employment contracts contain provisions which require the employer to be a "good employer" and follow EEO principles. In this regard, the Committee notes that, according to the NZEF, the courts and, in particular, the Court of Appeal, have not hesitated, since at least 1985, to read the good employer principle into the employer/employee relationship, where applicable. The NZEF states that an "implied principle" (that is, one that is applied through court decisions) can carry much weight in a common law system and can result in the provision of an equally appropriate remedy as a principle which is given statutory form.

3. In previous comments, the NZCTU had expressed concern over the fact that, as a number of grounds of discrimination proscribed by the Human Rights Act, 1993, are not contained in section 28 of the Employment Contract Act, 1991, the opportunities for employees to seek redress on those grounds could be limited. The Committee had noted, however, that the Employment Tribunal had held that, while its jurisdiction in relation to complaints of discrimination is confined to the grounds set out in the Employment Contracts Act, it can hear evidence of discrimination on other grounds, in support of a claim of unjustifiable dismissal or of unjustified disadvantage (Pooley v. New Zealand Society for the Intellectually Handicapped, AT 102/95). In order to assess the extent to which claims of discrimination are, in practice, being pursued, the Committee asked the Government to provide information on any further cases pertinent to the Convention. In its report, the Government refers to a decision of 7 May 1997 by the Human Rights Complaints Review Tribunal (Commissioner v. Transportation Auckland Ltd., CRT 14/96), which found there had been discrimination on the ground of political opinion in the case where an employee (a union delegate and member of the Communist Party) had been warned that his distribution of certain leaflets was detrimental to the interests of the company and could lead to dismissal for breach of contract. The Committee asks the Government to continue to provide information of this nature in its future reports.

4. In its present comments, the NZCTU states that the requirement for employers to be equal opportunity employers is exclusive to employment contracts in the public sector: there is no mandatory obligation for private sector employers to include EEO provisions in employment contracts, and very few contracts contain such provisions because many workers on individual contracts lack sufficient bargaining power to negotiate them. The Government indicates that a range of measures are taken to address the complex social factors regarding EEO and that two initiatives -- the EEO Trust and the EEO Contestable Fund (to which the Committee has referred previously) -- aim specifically at changing employer behaviour. The NZEF also describes a number of efforts undertaken to promote the concept of EEO in the private sector. Referring to the EEO Trust and the Contestable Fund, the NZCTU states that these measures are a token response to the promotion of employment equity, that they are more concerned with processes than results and work with employers, rather than in a tripartite manner. The Government states that employee organizations are not excluded from access to funding under these initiatives. While noting that some indication is provided in the report concerning the extent to which EEO provisions are contained in collective employment contracts covering 20 or more employees, the Committee requests the Government to provide an assessment, even in general terms, of the extent to which individual employment contracts in the private sector contain such provisions. The Committee also asks the Government to continue to provide information to demonstrate the extent to which equal opportunity and treatment in employment is being enjoyed by women and ethnic communities (particularly Maori and Pacific Island people) in the labour market.

5. In this connection, the Committee notes from the statistics in the Government's report, some positive indications, including that women's participation in employment increased by 17 per cent between 1991 and 1997 and that females increased their participation rate in the legislators, administrators and managers category by 6.5 per cent in the 12 months to March 1997. However, it also notes the information provided by the NZCTU indicating that women comprise the majority of workers employed in low-paid, part-time or casual jobs. While acknowledging that many complex, interrelated factors beyond the strict scope of the Convention also play a part in determining progress in this area, the Committee recalls the importance of a general context of equality, as highlighted in paragraph 305 of its 1996 Special Survey on equality in employment and occupation. It trusts that the Government, in cooperation with the NZCTU and the NZEF, will remain attached to its avowed commitment to promote greater equality in the labour market by taking a comprehensive approach to the matter.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. Referring to its observation, the Committee notes that, according to the Government's report, the Human Rights Act, 1993 does not specify "social origin" as one of the prohibited grounds of discrimination for the reason that the other existing grounds, such as family status and employment status, are considered as providing sufficient protection for persons who believe they have been discriminated against on the grounds of social origin. In addition, the Government indicates that, although the ground of social origin is also omitted as one of the prohibited grounds of discrimination under the Employment Contracts Act, 1990, it is likely that that Act would similarly provide sufficient protection against this form of discrimination. While acknowledging that discrimination on the grounds of social origin will often manifest itself as prejudice which would invoke one or more of the grounds stated in the Human Rights Act (or in the Employment Contracts Act), the Committee requests the Government to indicate the broad lines of any policies and programmes aimed at facilitating social mobility.

2. In its comments, the New Zealand Council of Trade Unions (NZCTU) refers to a recent report by the National Advisory Council on the Employment of Women, which is said to have identified serious concerns about the ability of the present training structure to improve women's access to equality of opportunity in employment. The Committee would be grateful if the Government would furnish a copy of this report and provide information on any measures being taken in pursuance of its findings.

3. The Committee notes the comments of the NZCTU concerning the exceptions in the Human Rights Act relating to discrimination against workers with disabilities, which are said to undermine significantly any scope for the relevant agencies to secure equality of opportunity for such workers and to ensure only minimal compliance obligations. The Committee notes that section 29(1)(a) of the Act provides that differential treatment based on disability is not unlawful where the person could perform the duties of the position satisfactorily only with the aid of special services or facilities and "it is not reasonable to expect the employer to provide those services or facilities". The Committee requests the Government to provide information on the practical effect of section 29 of the Human Rights Act, including any documents designed to guide employers in this respect.

4. The Committee also notes the comments of the NZCTU and of the Government concerning the Disabled Persons Employment Protection Act, 1960. According to the Government, the Act gives incentives to community organizations to provide sheltered work and other vocational services for people with disabilities and enables community funding organizations which operate sheltered workshops to obtain blanket exemptions from various industrial and employment laws applying to disabled employees (e.g. statutes governing minimum wages, holidays and, previously, industrial awards and agreements). The Committee requests the Government to provide more information on the promotion of equality in employment for disabled workers, including an indication of the number of persons so employed, the work undertaken, the prospects for those employees to receive training or employment elsewhere (through the Vocational Opportunities Support Programme or other programmes) and on the supervision of these workshops by the Department of Social Welfare.

5. The Committee notes the information provided by the Government concerning the Parental Leave and Employment Act, 1987, which requires employers to keep open the jobs of employees who have taken up to 52 weeks of unpaid leave to care for young children, except when the position is considered to be a key position that cannot be filled by a temporary employee. The NZCTU states that the procedures of the Act are such that decisions must be made so far in advance that many people are denied the full benefit of their rights. In addition, it states that an employer is able to allege that an employee's position is a "key" one, once the leave has commenced. The Committee notes the Government's statement that section 68 of the Act provides that employees may still have access to the entitlement contained in the Act, even if they do not follow the formal procedures required. Moreover, the Government states that no employer has yet argued successfully before the Employment Tribunal that an employee's position is a "key" one that cannot be kept open for the duration of the parental leave. In this regard, the Committee takes note of a 1993 decision of the Employment Tribunal, furnished by the Government, which found that parental leave could not be declined on the key position basis. The Committee requests the Government to provide a copy of the above-mentioned Act and to continue to provide information on its practical application.

6. The Committee notes with interest the decisions furnished by the Government concerning sexual harassment cases brought under the personal grievance procedures of the Employment Contracts Act. It would be grateful if the Government would continue to provide such information in future reports.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with interest the detailed report and annexed documents provided by the Government on the measures taken to apply the Convention. The Committee has also noted the comments of the New Zealand Employers' Federation (NZEF) and the detailed communication received from the New Zealand Council of Trade Unions (NZCTU). It notes, in addition, the Government's response to the comments of the NZCTU.

1. Legislation. The Committee notes that the Human Rights Act, 1993, which came into force on 1 February 1994, lists the prohibited grounds of discrimination as "sex (which includes pregnancy and childbirth), marital status (...), religious belief, ethical belief (which means the lack of a religious belief (...)), colour, race, ethnic or national origins (which includes nationality or citizenship)", disability, age, political opinion, employment status, family status and sexual orientation (section 21). The Act covers, inter alia, discrimination in respect of employment, in terms consistent with Article 1, paragraph 3, of the Convention. Sexual harassment and racial harassment and action exciting racial disharmony are also prohibited by the Act (sections 61, 62 and 63). The Committee also notes that the Bill of Rights Act, 1990, was amended by the Human Rights Act, 1993, to include all the grounds of discrimination provided for in the Human Rights Act.

2. The NZCTU states that the fact that a number of the grounds of discrimination proscribed by the Human Rights Act are not contained in the Employment Contracts Act, 1991, is a significant omission from the key legislation regulating the employment relationship. While conceding that complaints based on those omitted grounds might succeed under the "unjustified action" head of the personal grievance procedure provided for in the Employment Contracts Act, the NZCTU asserts that this is not certain. In addition, the NZCTU draws attention to the exclusions and exceptions provided for under the Human Rights Act, stating, among other things, that the Government is not constrained by the prohibition of discrimination on the grounds of disability, age, political opinion, employment status, family status and sexual orientation until 1 January 2000 (sections 151 and 152 of the Act). It also states that the rights which are granted here can be overridden at any time by legislation, as has in fact been done under section 151.

3. The Government, in response to the last of these points, states that, at the time of drafting the Act, it was not clear what impact those new grounds of discrimination would have on the wide range of government activities and policies; accordingly, it was considered appropriate to allow time for adjustment. The Government notes that, for example, family status affects an individual's or a family's entitlement to income support provided through general taxation. The Government also points out that section 3 of the Act binds the Crown to the Act's provisions and that section 5(1) requires the Human Rights Commission to determine and to report in detail to the Minister of Justice by 31 December 1998, whether any of the Acts, regulations, and any policy or administrative practice of the Government conflict with the Act or infringe its spirit or intention. The Government also refers to the Bill of Rights Act, 1990, which applies to acts of the legislative or judicial branches and to acts by any person or body in the performance of any public function, power or duty by or pursuant to law. The Government also indicates that, although the Human Rights Act has not been tested in the area of discrimination in employment and occupation, decisions of the Court of Appeal have upheld individual rights under other aspects of the Act.

4. As concerns this exemption, the Committee recalls that for some years, it has been encouraging the Government to include the ground of "political opinion" as a proscribed ground of discrimination. Although the Human Rights Act 1993 does include the ground of political opinion, sections 151(2) and 152 of that Act have the effect of ensuring that nothing relating to that ground, inter alia, shall affect anything done by or on behalf of the Government until the close of the 31st day of December 1999. The importance of including this ground was pointed out in paragraph 60 of the 1988 General Survey on Equality in Employment and Occupation, where the Committee stated that one of the essential traits of this type of discrimination is that it is most likely to be due to measures taken by the State or the public authorities. Given the importance of declaring and pursuing a national policy to eliminate discrimination on the grounds of the Convention, the Committee hopes that the extension of protection to acts done by the State will be accelerated. In the meantime, it requests the Government to indicate what protection and avenues of redress are afforded to persons who consider themselves to have been subject to discrimination in employment on all the exempted grounds through action done by or on behalf of the Government until the year 2000.

5. Enforcement and promotion. Referring to the Committee's 1993 comments, the Government provides detailed information about the non-legislative measures designed to promote equal employment opportunities (EEO), including the Joint Equal Employment Opportunities Trust, funded by employer subscriptions and the Government to promote EEO as good management practice, and the Equal Employment Opportunities Contestable Fund, by which the Government supports projects to promote EEO programmes and practices in private sector workplaces. The Government has also referred to a number of agencies or ministries with responsibility for activities in a wide range of areas pertinent to the application of the Convention. Supplementary information on particular initiatives is provided in the comments of the NZEF, including mention of the Federation's joint initiative with the EEO Trust to produce a guide for employers on the Human Rights Act and Equal Employment Opportunity Act and its intention to publish a guide on sexual harassment.

6. As a general point, the NZCTU states that the measures identified by the Government to promote equality of opportunity and treatment are located within an essentially passive labour market and employment policy, which rely on market forces to achieve the appropriate outcomes. While there are legal obligations on various government employers to develop, implement and report on EEO programmes, the NZCTU states that the State Services Commission monitors compliance only within a grouping which now excludes a large number of previously core government agencies. As concerns the measures referred to by the Government to promote equal employment opportunities in the private sector, the NZCTU expresses the view that neither the Trust nor the Fund has been a significant initiative in this respect. The NZCTU also contends that, in the absence of any mandatory equal opportunities obligations on private sector employers, attempts to negotiate such EEO provisions into collective employment contracts have been largely unsuccessful. The NZCTU considers, in this regard, that the Employment Contracts Act, which asserts the primacy of individual negotiation over any collective approach, gives greater freedom for employers to resist obligations considered onerous, such as EEO obligations. The NZCTU states that outcomes in bargaining under the Employment Contracts Act are almost entirely dependent on bargaining power, and those who would benefit most from greater equality of opportunity lack that power. The NZCTU also contends that the legislation's promotion of an individual contract regime undermines the effective use of the entire range of protection against discrimination, including the personal grievance provisions of the Act: it is significantly more difficult to establish that discrimination has occurred, as information on comparative terms and conditions of employment is almost impossible to obtain and discriminatory decisions are far more easily masked by apparent assessments of performance and merit.

7. Moreover, states the NZCTU, the individualistic and self-promotional environment created by the Act tends to place Maori and Pacific Island people at a fundamental disadvantage, because their cultures tend to disapprove of such concepts in favour of collective approaches and solutions. As to the adequacy of remedies, the NZCTU notes that neither of the two tribunals created by the Act can do more than order monetary remedies or reinstatement. They are not able to order the employer to take positive steps to promote equality of opportunity within the enterprise.

8. In relation to the initiatives of the Education and Training Support Agency (ETSA), the NZCTU states that virtually none of the training programmes identified are targeted specifically at improving equality of opportunity for members of groups presently disadvantaged by discriminatory attitudes. According to the NZCTU, most of those programmes can be of only limited application to such ends because they tend to assume that the causes of the individual's inability to secure employment are located within that individual (for example, a lack of skills, experience, training, qualifications, motivation or confidence). The NZCTU also considers that the effectiveness of a number of other agencies, referred to by the Government, is undermined by inadequate funding and by being confined to essentially advisory roles, including the Te Puni Kokiri (Ministry of Maori Development), and the Ministries of Pacific Island Affairs, Women's Affairs, Youth Affairs and the Senior Citizens Unit of the Department of Social Welfare. Moreover, the NZCTU states that while the Government has identified a number of groups as appropriate equal opportunity targets, none of the relevant agencies has responsibility for comprehensive action programmes to overcome the inequalities. This, states the NZCTU, reflects the Government's essentially passive labour market policy which, in this context, relies substantially on "market forces" to deliver the necessary equity. The NZCTU does not believe that such an approach can deliver the outcome required by this Convention.

9. In its response, the Government states that it does not accept the NZCTU's view that agencies such as the Ministry of Pacific Island Affairs and Te Puni Kokiri are under-funded. Moreover, it does not accept the claim that there is a lack of resources in the enforcement of anti-discrimination legislation. Extensive information has been provided by the Government concerning its labour market policies and programmes. On this matter, the Committee requests the Government to indicate whether any of these measures are aimed at, or are linked with, initiatives to promote equality of opportunity and treatment in employment.

10. In many respects, the Committee is unable to assess whether or not the measures taken to given effect to the Convention are adequate or effective. The Committee notes that, as at 30 June 1992, 31 of the 36 government departments had provided the State Services Commission with an annual report of progress in implementing the previous year's EEO plan. The Committee also notes the information provided by the Government on the activities being undertaken to develop career opportunities for women, Maori and Pacific Island staff and data for the year 1991-92 indicating the comparative representation and salary distribution of women, Maori, Pacific Island, other ethnic groups and people with disabilities in the public service, which shows a slight increase in the employment of people with disabilities and a slight decrease in the employment of Maori, Pacific Island and other ethnic minorities. Women comprise 53 per cent of employees in the public service, although they are generally over-represented in the lower salary band. However, all of the identified groups have decreased their representation in the lower salary band. The Committee requests the Government to continue to provide information on the positive measures being taken to implement EEO in the public sector and the results of those efforts. It would also be glad if the Government would comment in particular on the NZCTU's assertion that the measures in place are not well adapted to the cultures of Maori and other ethnic minority groups.

11. The Committee is encouraged by the Government's information concerning the increase of staffing levels within both the Complaints Division of the Human Rights Commission and the EEO Team of the State Services Commission, increased by 25 per cent and 43 per cent respectively in the last 12 months. The Committee also notes with interest that, as a result of the increase in resources for the labour inspectorate over the last 12 months, there has been some reduction in the waiting times for the inspectorate to investigate complaints, a matter about which the NZCTU expressed concern. The Committee hopes that the Government will continue to provide such information in its future reports. It also requests the Government to indicate the total number of complaints concerning discrimination received annually by the labour inspectorate.

12. As a number of the comments of the NZCTU, to which the Government has responded, concern the implementation of equal pay, these will be addressed by the Committee in the context of its next examination of the application of Convention No. 100.

13. As a general comment, the Committee notes that, while the Government's report indicates an extensive range of initiatives, little reference has been made to activities involving trade unions in the implementation of the Convention. Moreover, the NZCTU's comments reflect dissatisfaction with the progress being made. The Committee hopes that the Government will inform it of any steps taken in relation to this situation.

14. A number of other matters are being taken up in the request addressed directly to the Government on this Convention.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

Further to its previous observation, the Committee notes with interest the detailed report and annexed documents provided by the Government on the measures taken to apply the Convention. The Committee has also noted the comments of the New Zealand Employers' Federation (NZEF) and of the New Zealand Council of Trade Unions (NZCTU).

1. Legislation. In its previous comment, the Committee noted that the 1993 Human Rights Act exempts the Government from the prohibition on discrimination on the grounds of disability, age, political opinion, employment status, family status or sexual orientation until 1 January 2000 (sections 151 and 152 of the Act). The Government states that it has embarked upon a coordinated process of consultation with a wide range of government departments and agencies, to address the potential impact of the Act's new grounds of prohibited discrimination in the areas concerned; and that close consultation is being maintained with the Human Rights Commission, which must determine before December 1998 whether legislation, government policies and administrative practices conflict with the Act or infringe its spirit or intention. The Government also sets out the different legislation presently protecting public employees, which contain "good employer" (a personnel policy for fair and proper treatment of employees in all aspects of their employment) provisions, including the obligation to develop and implement equal employment opportunities (EEO) programmes. The NZCTU states that these provisions do not provide for an individual right and remedy, that there is little enforcement of or accountability in respect of these obligations, and that no sanctions are administered for failure to comply. Commenting on the annual report of the State Services Commission on EEO progress up to June 1994, the NZCTU states that there is an overall lack of serious commitment to the implementation of EEO. The Government indicates that the monitoring process is being revised currently to improve various aspects, including the length of the evaluation process. The Committee requests the Government to provide copies of the 1995 annual report and to indicate whether, in addition to the monitoring and reporting functions described in the Government's previous report, the EEO team of the State Services Commission also proposes to government departments any specific action that might be taken to improve the implementation of their EEO strategies. The Committee has noted, in this regard, that the annual reports for 1993 and for 1994, supplied by the Government, disclose a static or deteriorating employment situation for some groups of employees (for example, an increasing gender wage gap; and lower representation of persons with disabilities and to some extent of ethnic groups).

2. In its previous comment, the Committee drew attention to the fact that the exemption under section 151 of the Human Rights Act encompasses the ground of political opinion, which is one of the prohibited grounds of discrimination specified expressly in the Convention, and requested information on the protection and avenues of redress afforded to persons who consider themselves discriminated against on this ground by measures taken by or on behalf of the Government until the year 2000. The Government refers to the 1990 Public Service Code of Conduct, developed under the State Sector Act, 1988, which requires certain standards of behaviour for public servants, of which political neutrality is an integral part. The Government states that, in practice, political neutrality covers public or individual comment which is openly supportive or critical of Government policy, private communications with Ministers and members of Parliament, political participation and the release of official information. The Government further states that the relevant provisions of the Human Rights Act must be balanced by the requirement for political neutrality, in accordance with the above-mentioned Code. Having noted the principles contained in the Code, the Committee requests the Government to indicate whether, in practice, complaints about discrimination on the ground of political opinion have been made either by persons applying for entry into the public service or from established employees.

3. In its previous comments, the NZCTU expressed concern over the fact that a number of the grounds of discrimination proscribed by the Human Rights Act are not contained in the Employment Contracts Act, 1991, although it acknowledged that complaints based on those omitted grounds might succeed under the "unjustified action" head of the personal grievance procedure provided for in the Employment Contracts Act. The NZCTU reiterates its concern over the lack of generally applicable legislation that actively promotes equality of opportunity. The Committee notes that the Employment Tribunal has held subsequently that, while its jurisdiction in relation to complaints of discrimination is confined to the grounds set out in the Employment Contracts Act, it can hear evidence of discrimination on other grounds, in support of a claim of unjustifiable dismissal or of unjustifiable disadvantage (Pooley v. New Zealand Society for the Intellectually Handicapped, AT 102/95). The NZCTU states that it remains concerned over the uncertainty of this situation which may deter many from seeking redress. The Committee hopes that the Government will continue to provide information on the outcome of any cases pertinent to the Convention that might occur in the future.

4. Enforcement and promotion. The Government provides detailed information about the efforts being undertaken to enforce and promote equal employment opportunities. In respect of these, the NZCTU states that, although the Government has referred to some 49 different labour market interventions as promoting equality, most of these programmes are not aimed specifically at improving equality for disadvantaged groups. The NZCTU adds that 16 of these interventions are based on the presumption that the barriers to equal opportunity and participation are due to an individual's lack of skills, experience, training, qualifications, motivation or confidence. The NZCTU also reiterates its previous comments concerning the level of funding for, and the effectiveness of, both the Joint Equal Employment Opportunities Trust and the Equal Employment Opportunities Contestable Fund. The Committee requests the Government to indicate whether it is considering increasing the resources of the Fund to meet the needs.

5. As concerns the NZCTU's previously expressed concern over the lack of success in negotiating EEO provisions into collective employment contracts, the Government states that, as of June 1995, 40.1 per cent of employees on the Department of Labour's database were covered by collective contracts containing EEO provisions and 53 per cent of these contracts were from the private sector. The Committee welcomes this development and hopes that the Government will continue to provide similar information in its future reports.

6. Among the new initiatives reported by the Government, the Committee notes with interest the proposals of the Prime Ministerial Task Force on Employment (which included representatives of the NZCTU and the NZEF), published in November 1994. In June 1995, these proposals were considered by representatives of the major political parties (in the Multi-Party Group). The Committee notes that the proposals include commitments to developing a strategy to eliminate Maori disadvantages in the labour market and to expanding the strategy which tailors assistance measures to the individual requirements of jobseekers, a measure specifically targeted at Maori, Pacific Island peoples, women and persons with disabilities.The Committee hopes that the Government will provide information on the implementation of those proposals which are relevant to the application of the Convention.

7. Further to its previous direct request regarding discrimination against workers with disabilities, the Committee notes that the Disabled Persons Employment Protection Act, 1960, is currently under review. According to the Government, a working group is developing a consultation document which will be discussed with interested organizations, including the NZCTU and the NZEF. The Committee is pleased to note that the NZCTU's concern that measures be taken to integrate disabled persons into mainstream employment appears to be shared by the Government. The Committee asks the Government to indicate the outcome of this consultation. The Committee also notes the information concerning measures to promote employment for persons with disabilities, including the number of placements made by the New Zealand Employment Service. As concerns the NZCTU's previous comment on the lack of statistical data on people with disabilities in employment, the Government states that Statistics New Zealand is currently planning a nationwide survey on people with disabilities. The Government also refers to the Health and Disability Commissioner Act, 1994, and to the Code of Consumer Rights being developed by the Commissioner, which will include services to facilitate and support workers with disabilities in employment. The Committee asks that such information continue to be provided in future reports.

8. The Committee notes from statistics provided by the Government that all groups except Maori women have experienced decreased rates of unemployment since the last reporting period. The Government also notes that males continue to be over-represented in certain industries (for example, agriculture, manufacturing, building and construction) and as legislators, administrators and managers. The NZCTU states that the long-term trend towards equal employment status for women has been frozen and that the level of women's participation in the labour market lags behind that of men by 20 percentage points and has remained static for eight years. On this question, the NZEF states that the term "over-representation" suggests that the difference has a deliberate element, whereas employers often experience a lack both of women applicants and of suitably qualified women applicants for work in non-typical areas of employment. The NZEF adds that women are not so much denied employment in non-typical areas as they choose to work in other areas where they are qualified or prefer to work, a state of affairs which also prevails in very many other countries. The Government acknowledges that women's employment participation continues to be an issue in the country, as elsewhere, and considers that state initiatives are only one part of a complex array of variables which influence the situation. The Government, however, maintains its commitment to implementing policies to promote greater equality in employment for women, Maori, Pacific Island people and other disadvantaged groups in the labour market.

9. As concerns the effectiveness of its programmes to promote equality, the Government states that ongoing monitoring and evaluation are standard features of publicly funded initiatives. While recognizing that particular groups continue to be significantly disadvantaged, the Government states that it continues actively to explore ways of addressing these issues. The Committee appreciates the Government's commitment to promoting equality in employment for disadvantaged groups. It asks the Government to continue to report on the results of its monitoring and evaluation of programmes and hopes that the experience of the social partners will be taken into account in these activities. On this question, the Committee notes from the report that tripartite consultation was emphasized in relation to the Prime Ministerial Task Force on Employment and in some other programmes and projects. This is important in relation to the NZCTU's comments concerning the marginalization of unions in relation to the promotion of equality. The Committee trusts that the social partners will continue to explore ways of enhancing their consultation and collaboration to further the implementation of the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Referring to its previous direct requests, the Committee notes the detailed information supplied by the Government in its report and attached documentation.

1. The Committee notes with interest the enactment of the Human Rights Commission Amendment Act, 1992, which amends the Human Rights Commission Act, 1977, to include age as an additional ground of unlawful discrimination in employment. The Committee also notes the Government's decision to replace the Human Rights Commission Amendment Bill currently before the Justice and Law Reform Select Committee with a new Human Rights Bill which will revise and replace the Race Relations Act, 1971, and the Human Rights Commission Act, 1977, but that "social origin" is not one of the bases currently being considered for inclusion in the proposed Human Rights Bill and the Government is yet to decide on the grounds of prohibited discrimination to be specified in the Bill. Moreover, the Committee notes that the Government is currently unable to indicate whether the new Human Rights Bill will retain section 15(7)(A) of the Human Rights Commission Act.

As to the grounds of discrimination to be enumerated in the new Human Rights Bill, the Committee refers to paragraph 58 of its 1988 General Survey on Equality in Employment and Occupation in which it states that, where provisions are adopted in order to give effect to the principle contained in Convention No. 111, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a), of the Convention. The Committee accordingly hopes that measures will be taken to include in the provisions of the new Human Rights Bill all the grounds of discrimination set forth in Article 1, paragraph 1(a), of the Convention. The Committee requests the Government to provide information on the progress made in this respect, including the date of enactment and a copy of the new legislation, and to continue to furnish full information concerning implementation of the Human Rights Commission Act.

2. The Committee notes with interest that the Education and Training Support Agency (ETSA) is in partnership with industry to respond to changing skill requirements, working employers, employees, industry groups, trainees, apprentices and cadets and administers three new schemes (the Industry Training Strategy, the Training Opportunities Programme and the Youth Traineeships Scheme), that the Industry Training Act, 1992, establishes Industry Training Organizations (ITOs) which will be responsible for training in their respective industries, and that the Youth Traineeship Scheme is designed to expand the number of industry-based training places for young people up to 21 years old, leading to nationally recognized qualifications, particularly in those areas of industry which lacked systematic training in the past. The Committee observes further that it is the Government's goal to improve access for the Maori people to state resources and that the Training Opportunities Programme is to replace the general ACCESS and Maori ACCESS schemes, providing training for disadvantaged groups, including early school-leavers and long-term unemployed people with low qualifications.

The Committee would appreciate it if the Government would continue providing information on the work of and the results achieved by these agencies and organizations, including statistics on the participation of different groups in the various schemes and programmes.

3. As to the employment rate of Maori and Pacific Island people, the Committee notes from the statistics provided in the Government's report that while both groups continue to be overrepresented, in particular industries and occupations, high unemployment also persists for these groups. Noting with interest the promotion of equality of opportunity and treatment in employment and occupation for these groups through the Government's Equal Employment Opportunities Plan (providing, inter alia, training and career development programmes and university scholarships for Maori and Pacific Island people) and through ETSA activities (such as promoting literacy and numeracy skills and encouraging the participation of underrepresented groups, including the Maori and the Iwi people, in education and training schemes, serving as a liaison with Pacific Island groups to address their training needs), the Committee requests the Government to continue supplying information on the measures being taken or contemplated, and the results achieved, to promote equality of opportunity and treatment for the Maori and Pacific Island people.

4. The Committee notes with interest the information provided from the Equal Employment Opportunities Section, State Services Commission on the progress made in implementing EEO in the public service as at June 1991: the statistics indicate that from 1988 to 1991, the representation of women, Maori, Pacific Island people and ethnic minority people within the public service remained approximately the same (except that the representation figures for people with disabilities decreased to 14.1 per cent in June 1991 from 20.8 per cent in 1988), and women, Maori and Pacific Island people continue to be overrepresented in the lower salary levels. Noting the Government's indication that there is a need for further investigations concerning the representation of these groups within the public service, particularly the decrease in the representation of people with disabilities, and on matters such as occupational segregation, pay differences between occupations and salary on appointment, the Committee would be grateful if the Government would continue providing information on the measures taken or contemplated to further implement EEO plans in the public sector, and on the results achieved, including information on the outcome of the proposed investigations.

5. The Committee is grateful to the Government for providing further information on public service child-care facilities and notes with interest the child-care centres and other early childhood services in the private sector, established in an ad hoc manner to meet community needs, as well as the Government's child-care subsidy programme (subsidies are subject to an income test, only available in respect of children under five years of age and are paid directly to the child-care facilities) for low-income families and families which are unable to undertake part-time employment or training because they cannot afford the full cost of child care. The Committee would be grateful if the Government would continue supplying information, in future reports, on the number of child-care facilities in the public and private sectors in the context of its equal opportunity policy.

6. The Committee notes the information provided by the Government with regard to procedures for resolving personal grievances relating to sexual harassment and discrimination and the copies of the Equal Opportunities Tribunal decisions provided. The Committee also notes that with the repeal of the Labour Relations Act, 1987, in May 1991 the personal grievance provisions relating to sexual harassment and discrimination under the Labour Relations Act were retained as grounds for a personal grievance under the Employment Contracts Act, 1991. It would appreciate receiving a copy of the relevant extracts (on definitions of discrimination) of the "Guide to the Employment Contracts Act, 1991", which were not enclosed with the report. The Committee would be grateful if the Government would continue to furnish information concerning any complaints concerning discrimination in employment and occupation lodged under the Employment Contracts Act, 1991, the Human Rights Commission Act, 1977, the Race Relations Act, 1971, as well as under recent amending legislation.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

In its previous observation, the Committee noted that, following the repeal of the Employment Equity Act, 1990, the Government established a Working Party on Equity in Employment to evaluate equal employment opportunity initiatives and report to the Government on the most effective means of developing and implementing its equity in employment policy. The Working Party's report, dated January 1991, discussed equal employment and training opportunities for women, the Maori people, Pacific Island people, people with disabilities and other groups identified as disadvantaged and contained key recommendations on the enactment of legislation requiring employers to develop, implement and monitor equal employment opportunities programmes, as well as on the establishment of a Council for Equity in Employment funded jointly by the Government and the private sector. The Committee notes from the information supplied by the Government in July 1991 and in its last report that the Government prefers a non-legislative approach to equality in employment. It preferred the creation of a joint private/public sector Equal Employment Opportunities (EEO) Trust, funded by government and employer contributions, to develop and promote EEO policies and practices, as well as research in this area, primarily in the private sector. The Trust is to report annually to Parliament on its activities and the progress achieved towards the development and implementation of EEO policies and practices in the private sector. The Government also established an Equal Employment Opportunities Fund for the promotion of EEO programmes and practices in the private sector.

The Committee notes that the Government intends to monitor progress achieved towards an equal employment opportunities environment in the private sector through the educational, promotional and research work of the EEO Trust and the results of the projects supported by the EEO Fund, and requests it to provide, in its next report, full information concerning (i) equal employment opportunity plans in the private sector and (ii) the activities of and the results achieved by the EEO Trust and the EEO Fund in the promotion and implementation in practice of equality of opportunity and treatment in employment as well as equal access to education and vocational training.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes with interest the detailed information supplied by the Government in its report and attached documentation.

1. Further to its previous comments, the Committee notes with interest that the Human Rights Commission Amendment Bill, introduced on 6 September 1990, extends the Human Rights Commission Act 1977 to cover, inter alia, discrimination on the grounds of political opinion, age, pregnancy, sexual orientation, trade union involvement, employment status, beneficiary status and family status. The Committee also notes that section 15(7)(A) of the Human Rights Commission Act has been retained in the current Bill. The Committee requests the Government to indicate the date of enactment of the amending legislation and to continue to provide full information concerning implementation of the Human Rights Commission Act.

2. The Committee notes that, by virtue of the Education Amendment Act 1990, the Government has established the Career Development and Transition Education Service (CDTES) to focus on the provision of career guidance information and the Education and Training Support Agency (ETSA) to administer and service vocational training schemes. The Committee notes with interest the provisions in the charters of both agencies to promote equal opportunities for low-income groups, women, Pacific Island groups, people with literacy/learning needs, people requiring specific learning assistance, rural groups and ethnic and other groups identified as disadvantaged. The Committee also notes that the CDTES is to encourage the development of career advice and transitional education programmes in a manner consistent with Maori aspirations and processes, and that Maori participation is to be promoted in all of its operations; and that the ETSA charter has highlighted the need to promote equal educational, training and retraining opportunities for Maori people. Further to its previous request, the Committee notes that the Maori ACCESS scheme, which is now administered by the Iwi Transition Agency, is targeted specifically to Maori people and that, while Pacific Island Polynesians are not excluded from that scheme, they are in practice more likely to participate in the general ACCESS scheme.

The Committee would be grateful if the Government would continue to furnish information concerning the work of these agencies, including statistics on the participation of different groups in the various programmes.

3. As concerns the employment rate of Maori and Pacific Island people, the Committee notes from the Government's report that while both groups are over-represented in particular industries and occupations, they are also more likely to be unemployed. The Committee notes, however, that measures are being taken to address the unemployment rate of Maori and Pacific Island Polynesians (which increased significantly between 1988 and 1990). The Committee requests the Government to continue to report on the measures being taken or contemplated to promote equality of opportunity and treatment in employment and occupation for these groups.

4. The Committee notes with interest the information provided in the Department of Labour Equal Employment Opportunities Report 1988/89 and requests the Government to continue to provide information on the progress achieved in implementing equal employment opportunity plans in the public sector.

5. In its previous request, the Committee had noted that a census was being conducted in the public service to provide data on ethnicity and disability. The Committee notes the explanation of the Government concerning the irrelevancy of this data to the present public service structure. Noting, however, that departments are required to provide, inter alia, data on gender, ethnicity and disability under section 58 of the State Sector Act 1988, the Committee requests the Government to provide this information with its next report.

6. The Committee notes with interest the information provided on the establishment of public service child-care facilities. It requests the Government to continue to provide information on the efforts made to increase the number of facilities in connection with its policy of equal opportunity.

7. The Committee notes with interest the information provided by the Government concerning applications for personal grievances relating to sexual harassment and discrimination, and the copies of the decisions in the Air New Zealand and Saunders cases. The Committee hopes that the Government will continue to provide information concerning any complaints made under Part IX of the Labour Relations Act 1987, the Human Rights Commission Act 1977 and the Race Relations Act 1971.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

In its previous observations under Conventions Nos. 100 and 111, the Committee noted that the Government had agreed in principle to the enactment of an Employment Equity Act which would incorporate the concepts of pay equity and of equal employment opportunity in the public and private sectors. The Committee notes that the Employment Equity Act, 1990 came into force on 1 October 1990 but was repealed in December 1990. According to information communicated by the Government, action to repeal the legislation was taken because the Government did not consider that greater equity in employment opportunity would be achieved through the highly prescriptive and centralised procedures put into place by the Act. The Committee also notes the comments communicated by the New Zealand Employers' Federation prior to the repeal of the Act. The Federation stated that the legislation, which allowed for a comparison of jobs in different employing organisations with different employers involved and which provided for third-party decisions as to the wages subsequently payable, would inevitably have an inflationary outcome and result in job loss, thereby having an adverse effect on those it was intended to assist. The Federation also stated that, though it had been a long-time supporter and promoter of equal opportunity on a voluntary basis, it was most concerned that the kind of target setting envisaged under the legislation would lead to tokenism and appointments made on grounds other than merit.

The Committee notes that, following the repeal of the Employment Equity Act, the Government established a Working Party on Equity in Employment to evaluate equal employment opportunities initiatives and report to the Government on the most effective means of developing and implementing its equity in employment policy. The Working Party's report, which was submitted in January 1991, included recommendations in the areas of systemic barriers to, and programmes for equal employment opportunities, education and child care. The Working Party also discussed equal employment opportunities for Maori and Pacific Island peoples and for people with disabilities. Key recommendations concerned the proposed enactment of legislation requiring employers to develop, implement and monitor equal employment opportunities programmes; and the establishment of a Council for Equity in Employment funded jointly by the Government and the private sector. The Government says it is considering the recommendations of the Working Party prior to releasing details of its equity in employment policy.

The Committee hopes that the Government will adopt further measures concerning the policy on equality in employment, pursuant to the report of the above-mentioned Working Party, and requests the Government to furnish details concerning the implementation and results of such measures.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with interest the detailed information supplied by the Government in its report for the period ending 30 June 1988.

1. The Committee noted previously that discrimination on the basis of political opinion and social origin is not covered by either the Human Rights Commission Act, 1977, No. 49, or by the Race Relations Act, 1971, No. 150. The Committee notes from the Government's report that in August 1987 the Human Rights Commission presented an extensive review to the Minister of Justice suggesting a number of substantive and procedural amendments to the Human Rights Commission Act 1977, and seeking extension of the Act's jurisdiction to cover, inter alia, political opinion. It notes that the review was submitted to the Caucus Committee on Justice and Women's Affairs, and that the Commission was preparing further information for the Caucus Committee. The Committee hopes that in addition to political opinion, a reference to social origin will also be introduced in any amendments extending the Human Rights Commission Act's jurisdiction. It requests the Government to continue to supply information on the progress achieved in the extension of the Act's jurisdiction. The Committee refers also to its observation on this Convention.

2. The Committee notes that section 15(7)(A) of the Human Rights Commission Act has not been interpreted by the Commission, the Equal Opportunities Tribunal or the High Court. It further notes that the Human Rights Commission has suggested, in its August 1987 review to the Minister of Justice, that section 15(7)(A) be repealed, section 15(7) of the Act being sufficient to provide for preferential treatment based on religious belief in connection with section 65 of the Private Schools Conditional Integration Act 1975.

The Committee notes with interest that section 65 of the Private Schools Conditional Integration Act allows preferential treatment on the basis of religion only in cases in which teachers are recruited to posts in which religious instruction forms part of their duties.

The Committee requests the Government to indicate any further developments in this connection, including any interpretation that might be given of section 15(7)(A) of the Human Rights Commission Act, or of its repeal.

3. The Committee notes with interest the information on the activities of the Vocational Training Section of the Department of Maori Affairs, and on the Maori ACCESS scheme designed to enable Maori and Tribal Authorities to initiate training programmes for Maori youth in their area, and that the Maori ACCESS scheme was transferred to the Department of Maori Affairs in January 1987. It notes in particular the number of trainees already enrolled in training schemes, which has surpassed the objectives fixed.

The Committee requests the Government to continue to supply information on the progress achieved in promoting equality of opportunity and treatment in vocational training schemes. Please indicate also whether the Maori ACCESS scheme applies to Pacific Island Polynesian populations as well.

4. As concerns the promotion of equality of opportunity and treatment in employment and occupation more generally for Maori and Pacific Island Polynesian segments of the population, the Committee notes the statistics on employment for these groups contained in the 1988 report of the Working Group on Equal Employment Opportunities and Equal Pay, entitled "Towards Employment Equity". It notes the statement in that report, for instance, that Maori people "are obviously disadvantaged in the workplace". It would be grateful if the Government would indicate in its next report any progress achieved in the area of employment and occupation for these groups, and further statistical information on their position in this respect.

5. The Committee notes with interest the various legislative enactments strengthening the requirements for equal employment opportunity within the state sector, to which it has referred in its observation. In this respect, the Committee also notes the summary sheets developed by the Equal Employment Opportunity Unit in the State Services Commission on each of the Departmental Equal Employment Opportunity Plans prepared under section 58 of the State Sector Act 1988.

The Committee requests the Government to continue to supply information on the progress achieved in promoting equality of opportunity and treatment in employment and occupation by means of equal employment opportunity action. In order to assess more accurately the practical application of equal employment opportunity programmes, the Committee would be grateful if the Government would include with its next report, by way of example, a copy of an equal employment opportunities programme and a copy of a yearly report of one of the government departments drawn up under section 58 of the State Sector Act 1988.

6. The Committee notes the tables on the distribution of men and women among the permanent staff in the public service. It also notes that a major census of the public service is being conducted by the State Services Commission to provide data on ethnicity and disability. The Committee hopes that the Government will include the results of the census with its next report.

7. The Committee further notes the information on the New Zealand Public Service Childcare scheme, and the Parental Leave and Employment Protection Act, 1987. It requests the Government to continue to supply information on the efforts made to supply child-care services in connection with the implementation of its policy of equal opportunity.

8. The Committee notes with interest the adoption of the Labour Relations Act 1987, in particular its part IX concerning the resolution of personal grievances, which include discrimination on the basis of colour, race, ethnic or national origins, sex, marital status, religious or ethical belief, or involvement in union activities. It requests the Government to continue to supply information on the progress achieved in promoting equality of opportunity and treatment in employment and occupation by means of the personal grievances system of the Labour Relations Act 1987.

9. The Committee notes with interest the reports of the Human Rights Commission and the Office of the Race Relations Conciliator for 1987 and 1988. It notes that the "Air New Zealand Case", to which it had referred in its previous comments, has been heard by the Equal Opportunities Tribunal, and that a decision is being awaited. Please provide information in this respect in the next report.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with satisfaction the adoption of requirements for equal opportunities employment programmes contained in a series of laws enacted since the last report, particularly in the State Sector Act 1988 and the State Owned Enterprise Act 1986. It requests the Government to provide examples in its next report of the programmes adopted in pursuance of these laws, and to indicate any progress achieved in their implementation.

The Committee also notes with interest the 1988 report of the Working Group on Equal Employment Opportunities and Equal Pay, entitled "Towards Employment Equity", which recommended the adoption of an Employment Equity Act to replace existing legislation in the field. It notes from the Government's report on Convention No. 100 that the Government has agreed in principle to the enactment of an Employment Equity Act which would incorporate the concepts of pay equity and of equal employment opportunity, and that an implementation committee should be established to consider the matter further. Please indicate in the next report any further developments in this respect.

The Committee is raising other questions in a request addressed directly to the Government.