Harkaway Hall exemption application – Oct 2015

The Applicant made an application for an exemption under section 89 of the Equal Opportunity Act 2010 to permit the Harkaway Public Hall Committee of Management to discriminate on the basis of age in relation to accepting applications to hire the hall.

In particular, the Harkaway Public Hall Committee of Management wished to refuse applications for use of their hall by any group of people “consisting predominantly of people aged 22 years or under, for the purpose of a party or similar function” in circumstances where the Committee of Management:

• has informed the prospective hirer of the terms of this exemption; and
• has given the prospective hirer a reasonable opportunity to provide information relevant to this exemption; and
• is satisfied that the prospective hirer has not taken or, in the view of Harkaway Public Hall Inc., is unable to take or does not intend to take, reasonable steps to:
  • • Ensure that the group is adequately supervised by an adequate number of people whom Harkaway Public Hall Inc. considers can supervise the group effectively; and
    • Ensure the adequate provision of security for the function; and
    • Prevent uninvited people (commonly known as ‘gatecrashers’) from attending; and
    • Provide safe and adequate transport for persons attending away from the Harkaway area within a reasonable time at the end of the function

The Applicant had four previous exemptions granted on similar terms.

However, the Applicant also wished to add a paragraph to the exemption enabling it “to levy a bond for such functions as detailed in the exemption which is greater than the bond levied against persons wishing to hire the hall for any other purpose”; and insert the word “all” before “persons” so that it would read: “Provide safe and adequate transport for all persons attending away from the Harkaway area within a reasonable time at the end of the function”.

The Commission intervened to make submissions about whether the conditions which would form part of the exemption were a reasonable limitation on the right to equality, as required to be considered by the Tribunal under s90 of the Equal Opportunity Act.

The Commission’s submissions and the Tribunal’s Exemption order dated 30 October 2015 are available below.