A racist ad by Candle
April 21st, 2010 at 3:00 pm by David FarrarThe Human Rights Act absolutely prohibits discrimination on the basis of race in employment. It is illegal to refuse to offer someone a job on the basis of their race, colour, or ethnic or national origins. It is illegal to even ask an applicant for details which might indicate an intention to do so. Because of this, all newspapers now carry prominent notices in their employment sections warning that they will not accept advertisements which appear to seek to employ people only of a certain race or gender.
So I was quite surprised to be pointed at this ad from Candle ICT on TradeMe, which clearly and repeatedly states that the position is open only to Maori:
As part of an initiative to kick-start the IT careers of Maori graduates, we are seeking up to 30 graduates to take part in an internship project which will see you learning the in’s and out’s of being a successful business analyst. [...]
These internships are open to all Maori graduates nationwide with training being held in Wellington and Auckland…
(Image here in case they take it down).
This indicates a clear intent to discriminate on the basis of race. It would not be acceptable to advertise a position as open only to Pakeha, and it is not acceptable to advertise a position as open only to Maori. Any racial requirement in employment is unlawful discrimination.
I first saw the ad being twittered last night. I am also amazed Candle ICT let such an ad go up. You expect HR firms to know the law.
I note the ad has now been removed.
Tags: Candle ICT, No Right Turn, racism
April 21st, 2010 at 3:05 pm
I wonder who the employer was.. and how much public money (ie mine!) was being made available for these racist positions?
Vote:April 21st, 2010 at 3:16 pm
Would be interesting to know how many saw the ad and upon seeing they weren’t elligible, simply accepted it and moved on…
Vote:April 21st, 2010 at 3:17 pm
And as I/S has now updated, the ad probably wasn’t illegal … he (and you) have overlooked s.73 of the HRA.
Vote:April 21st, 2010 at 3:17 pm
krazykiwi, the company is Candle ICT isn’t it?
edit: thanks AG
Vote:April 21st, 2010 at 3:20 pm
I find it quite dusgusting that job advertisments can favour certain races. However ‘No right turn’ is not correct that the “Human Rights Act absolutely prohibits discrimination on the basis of race.”
Human Rights Act s73:
Measures to ensure equality
(1) Anything done or omitted which would otherwise constitute a breach of any of the provisions of this Part of this Act shall not constitute such a breach if—
(a) It is done or omitted in good faith for the purpose of assisting or advancing persons or groups of persons, being in each case persons against whom discrimination is unlawful by virtue of this Part of this Act; and
(b) Those persons or groups need or may reasonably be supposed to need assistance or advancement in order to achieve an equal place with other members of the community.
The Bill of Rights Act has a similar provision at clause 19. Discrimination is illegal unless it is discrimination against the majority.
Vote:April 21st, 2010 at 3:23 pm
@AG: http://www.legislation.govt.nz/act/public/1993/0082/latest/DLM304672.html?search=qs_regulation_early+childhood_resel#DLM304672 This?
Andrew25 beat me to it. Please ignore.
Vote:April 21st, 2010 at 3:49 pm
I’m against this crap as it is not needed.
But, at least let us have some purity with our race laws, if you know of a hori employed by the exclusive brethren, get back to me will you.
Because a little bird mentioned that the exclusive mob could well be using the favours given to them by politicians to run a white only employment policy.
Vote:Should we all be equal before the law, with NO exceptions ?
April 21st, 2010 at 3:51 pm
“Applicants for this position should have NZ residency or a valid NZ work permit.”
Foreign Maori need not apply!
LOL
Vote:April 21st, 2010 at 4:01 pm
Well what the hell did you think Key and Sharples were aiming for?
RRM there are a lot of Maori in Australia who will now be Asutralian and as the generations are born outside NZ they will not all be taking up their NZ citizen option, so yes, there ARE foreign Maori. Or are you assuming that being descended from somewhere gives you citizen in perpetuity because I wouldn’t mind a Britypasport but shock hoor they wont give me one just because 8 generations ago someone I’m related to came from there.
Vote:April 21st, 2010 at 4:05 pm
No. It’s still illegal.
S 73 can only be used to make discrimination legal if you can establish that the persons (or class of person) being benefitted by the discrimination have faced discrimination illegal under that part of the Human Rights Act. They’ve no chance of doing this.
Vote:April 21st, 2010 at 4:20 pm
My 4:05 comment was a little lisleading (it refers to the requirement on the Crown under the Bill of Rights).
This is instead still illegal, because it would be really difficult for Candle to establish the requirement in s 73(1)(b).
Vote:April 21st, 2010 at 4:20 pm
Probably wouldn’t have excluded anyone who really wanted an internship. To be a Maori these days you just have to “feel” as though you are one.
Vote:April 21st, 2010 at 4:23 pm
As AG (3:17 pm) & Andrew25 (3:20 pm) point out,
“Discrimination is illegal unless it is discrimination against the majority.”
So if you’re a white, middle class, male, hetero-sexual New Zealander you’re pretty much stuffed!
I guess I better get out the black nugget and start talking with a lisp.
Can anyone work out why I viscerally detest the UN, and abhor such things as the Human Rights Act, and suchlike, which they have brought to bear upon us?
Vote:April 21st, 2010 at 4:25 pm
Well – you can all just start to get used to it. The recently signed UN declaration for indigenous peoples says that the governments MUST allow self determination, management of their own affairs, blah, blah, blah…….
Yes – I know the great keygod has said it means nothing, even greater minds than mine (eg: May Chen) see it simply as a precursor to a full UN declaration of rights – that will need to be enshrined in law.
Fortunately that will allow the opposite of course – jobs for non maori only…………..
Vote:April 21st, 2010 at 4:29 pm
Would be interesting to know how many saw the ad and upon seeing they weren’t elligible, simply accepted it and moved on…
And I wonder if people would have simply accepted it if the add said: “These intenships are available to all Pakeha/Caucasian graduates nationwide”…
Vote:April 21st, 2010 at 4:29 pm
Just sing the National Anthem in Maori and you’ll piss in.
Vote:April 21st, 2010 at 4:38 pm
Seriously though, does anybody out there think they will fill their quota of 30 candidates?
Vote:April 21st, 2010 at 4:39 pm
So the Maori applicants must also have NZ residency and be able to work in NZ? Interesting, I wonder how many Maori dont have NZ residency? Maybe Tuhoi are in this category?
Vote:April 21st, 2010 at 4:58 pm
Graeme – the onus would be the other way round. S 73 does not constitute a defence. If a Commission or the like wishes to take action under the Act in this case, the onus is on that party to show S 73 is not satisfied. IMO S73 is quite capable of deing interpreted so as to permit the ‘Candle’ situation and this would most likely be the preferred interpretation. A statutory interpretation exercise taking into account purpose, Select Committee reports, Hansard debates, etc would most probably come up with a similar interpretation. The purpose of S73 would be defeated if a niggardly interpretation was adopted.
Vote:April 21st, 2010 at 5:11 pm
It’s not racist if Maori say or do it.. and Whanau Ora will be for everyone.. Yeah Right.
Vote:April 21st, 2010 at 5:35 pm
People who find it unfair should email bogus CV’s to nh@candle.co.nz
Vote:April 21st, 2010 at 5:47 pm
Is anyone actually surprised? The leader of our country supports sepratism and extra rights for Maori above other New Zealanders, so why would a private company care?
We are only going to see more of the same happening.
Vote:April 21st, 2010 at 6:19 pm
fuck I absolutely despise the way this country is being run at the moment…
Vote:April 21st, 2010 at 6:57 pm
I wouldn’t classify a recruitment agency as an HR company. Recruiters knowledge of employment law is about equivalent to a Labour MP being ‘in touch with the public’!
Vote:April 21st, 2010 at 7:01 pm
they also abuse the apostrophe with their “in’s and out’s”.
As for “Maori graduates”… that could be like Engineering graduates? Who says it applies to the race of the graduate rather than the subject studied hey?
Vote:April 21st, 2010 at 7:06 pm
grumpyoldhori
i do know a maori employed by the exclusive brethren.
Vote:April 21st, 2010 at 7:09 pm
no conspiracy there, sorry.
Vote:April 21st, 2010 at 9:17 pm
Starboard
“fuck I absolutely despise the way this country is being run at the moment…”
I’m with you, what a completely directionless bunch of no hopers steering this ship.
Vote:April 28th, 2010 at 2:41 pm
Kris K (2072) had me laughing so much. hilarious. yes get the nugget out that the only way we will get anything in this country… the government are running a shit show. Maori have their OWN sports teams, their OWN health clinics, their OWN social workers/councillors.. us WHITE KIWIS cant just walk in and see these people… we need to be MAORI. WHAT IF we made our own clinics/companies only WHITE orientated… lets see how that will go down
I have never seen a job listed for just one race, I am disgusted.
Vote:September 17th, 2012 at 11:32 am
I really feel embarrassed to be white when I read articles like this. From what I have learned since I came to New Zealand, historically Maori people have been discriminated against for years by the white people here. They were forbidden to speak their language and their culture and customs were actively discouraged. Even more recently, when I attended a Christian church in Wellington, some of the people there told me that Maori can barely speak properly and made grunting sounds in imitation of the way Maori speak. This is the first time that I have encountered such open and up front racism and hostility and I was really shocked. Given all this context, perhaps initiatives such as these are an attempt to redress the balance and do something about many of the obstacles faced by Maori people in NZ. There are similar schemes in Canada that are aimed at indigenous people and have helped improve people’s lives. The ‘pakeha’ kiwis are really the most unpleasant and unfriendly sour faced crowd of people I have encountered in my travels across the world and I am really looking forward to leaving.
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