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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.