VadeLab

Human Rights Act 1993

Sections and provisions with full text and the judgments that cite each one.

Section 20B — Criteria and requirement for appointment

20B Criteria and requirement for appointment (1) In recommending a person for appointment as Director of Human Rights Proceedings or as his or her alternate, the Minister must have regard not only to…

Section 20C — Appointment of Judge as Human Rights Commissioner

20C Appointment of Judge as Human Rights Commissioner (1) The appointment of a Judge as a Commissioner or alternate Commissioner or service by a Judge as a Commissioner or alternate Commissioner does…

Section 20D — Office holders to whom sections 20E to 20G apply

20D Office holders to whom sections 20E to 20G apply (1) Sections 20F and 20G each applies to a person (the office holder ) who holds 1 of the following offices (the office ): (a) [Repealed] (b)…

Repealed

Section 20E — Service in office

20E Service in office [Repealed] Sections 20A to 20H were inserted, as from 1 January 2002, by section 5 Human Rights Amendment Act 2001 (2001 No 96). Section 20E was repealed, as from 25 January…

Section 20F — Term of office

20F Term of office The office holder— (a) holds the office for the term (not longer than 5 years) the Governor-General, on the recommendation of the Minister, specifies in the person's appointment;…

Section 20G — Vacation of office

20G Vacation of office The office holder— (a) may resign from the office by delivering to the Minister a notice in writing to that effect and stating when the resignation takes effect: (b) ceases to…

Section 20H — Administrative provisions set out in Schedules 1 and 2

20H Administrative provisions set out in Schedules 1 and 2 (1) Schedule 1 applies in respect of the Commission. (2) Schedule 2 applies in respect of the Office. Sections 20A to 20H were inserted, as…

Section 20I — Purpose of this Part

20I Purpose of this Part The purpose of this Part is to provide that, in general, an act or omission that is inconsistent with the right to freedom from discrimination affirmed by section 19 of the…

Section 20J — Acts or omissions in relation to which this Part applies

20J Acts or omissions in relation to which this Part applies (1) This Part applies only in relation to an act or omission of a person or body referred to in section 3 of the New Zealand Bill of…

Section 20K — Purposes for which section 20L applies

20K Purposes for which section 20L applies Section 20L applies only for the purposes of— (a) any inquiry undertaken by the Commission under section 5(2)(h) : (b) the assessment, consideration,…

Section 20L — Acts or omissions in breach of this Part

20L Acts or omissions in breach of this Part (1) An act or omission in relation to which this Part applies (including an enactment) is in breach of this Part if it is inconsistent with section 19 of…

Section 21 — Prohibited grounds of discrimination

21 Prohibited grounds of discrimination (1) For the purposes of this Act, the prohibited grounds of discrimination are— (a) Sex, which includes pregnancy and childbirth: (b) marital status, which…

Section 21A — Application of this Part limited if section 3 of New Zealand Bill of Rights Act 1990 applies

21A Application of this Part limited if section 3 of New Zealand Bill of Rights Act 1990 applies (1) The only provisions of this Part that apply to an act or omission of a person or body described in…

Section 21B — Relationship between this Part and other law

21B Relationship between this Part and other law (1) To avoid doubt, an act or omission of any person or body is not unlawful under this Part if that act or omission is authorised or required by an…

Section 22 — Employment

22 Employment (1) Where an applicant for employment or an employee is qualified for work of any description, it shall be unlawful for an employer, or any person acting or purporting to act on behalf…

Section 23 — Particulars of applicants for employment

23 Particulars of applicants for employment It shall be unlawful for any person to use or circulate any form of application for employment or to make any inquiry of or about any applicant for…

Section 24 — Exception in relation to crews of ships and aircraft

24 Exception in relation to crews of ships and aircraft Nothing in section 22 of this Act shall apply to the employment or an application for employment of a person on a ship or aircraft, not being a…

Section 25 — Exception in relation to work involving national security

25 Exception in relation to work involving national security (1) Nothing in section 22 of this Act shall apply to any restrictions on the employment of any person on work involving the national…

Section 26 — Exception in relation to work performed outside New Zealand

26 Exception in relation to work performed outside New Zealand Nothing in section 22 of this Act shall prevent different treatment based on sex, religious or ethical belief, or age if the duties of…

Section 27 — Exceptions in relation to authenticity and privacy

27 Exceptions in relation to authenticity and privacy (1) Nothing in section 22 of this Act shall prevent different treatment based on sex or age where, for reasons of authenticity, being of a…

Section 28 — Exceptions for purposes of religion

28 Exceptions for purposes of religion (1) Nothing in section 22 of this Act shall prevent different treatment based on sex where the position is for the purposes of an organised religion and is…

Section 29 — Further exceptions in relation to disability

29 Further exceptions in relation to disability (1) Nothing in section 22 of this Act shall prevent different treatment based on disability where— (a) The position is such that the person could…

Section 30 — Further exceptions in relation to age

30 Further exceptions in relation to age (1) Nothing in section 22(1)(a) or section 22(1)(d) of this Act shall apply in relation to any position or employment where being of a particular age or in a…

Section 30A — Exception in relation to employment-related retirement benefits

30A Exception in relation to employment-related retirement benefits (1) Nothing in section 22(1)(b) prevents different treatment based on age with respect to, or in any way related to, the payment of…

Section 31 — Exception in relation to employment of a political nature

31 Exception in relation to employment of a political nature Nothing in section 22 of this Act shall prevent different treatment based on political opinion where the position is one as— (a) A…

Section 32 — Exception in relation to family status

32 Exception in relation to family status Nothing in section 22 of this Act shall prevent restrictions imposed by an employer— (a) On the employment of any person who is married to, or in a civil…

Repealed

Section 33 — Armed Forces

33 Armed Forces [Repealed] Section 33 was repealed, as from 5 May 2007, by section 5 Human Rights (Women in Armed Forces) Amendment Act 2007 (2007 No 16).

Section 34 — Regular forces

34 Regular forces (1) Nothing in section 22(1)(c) or section 22(1)(d) of this Act shall prevent the Chief of Defence Force from instituting, under section 57A of the Defence Act 1990 , the discharge…

Section 35 — General qualification on exceptions

35 General qualification on exceptions No employer shall be entitled, by virtue of any of the exceptions in this Part of this Act, to accord to any person in respect of any position different…

Section 36 — Partnerships

36 Partnerships (1) It shall be unlawful for a firm, or for persons jointly promoting the formation of a firm,— (a) To refuse or to omit to offer a person admission to the firm as a partner; or (b)…

Section 37 — Organisations of employees or employers and professional and trade associations

37 Organisations of employees or employers and professional and trade associations (1) It shall be unlawful for an organisation to which this section applies, or for any person acting or purporting…

Section 38 — Qualifying bodies

38 Qualifying bodies (1) It shall be unlawful for an authority or body empowered to confer an approval, authorisation, or qualification that is needed for, or facilitates, engagement in a profession,…

Section 39 — Exceptions in relation to qualifying bodies

39 Exceptions in relation to qualifying bodies (1) Nothing in section 38 of this Act shall apply where the authorisation or qualification is needed for, or facilitates engagement in, a profession or…

Section 40 — Vocational training bodies

40 Vocational training bodies It shall be unlawful for any organisation or association which has as its function or one of its principal functions the provision of training, or facilities or…

Section 41 — Exceptions in relation to vocational training bodies

41 Exceptions in relation to vocational training bodies (1) Nothing in section 40 of this Act shall prevent an organisation or association from affording persons preferential access to facilities for…

Section 42 — Access by the public to places, vehicles, and facilities

42 Access by the public to places, vehicles, and facilities (1) It shall be unlawful for any person— (a) To refuse to allow any other person access to or use of any place or vehicle which members of…

Section 43 — Exceptions in relation to access by the public to places, vehicles, and facilities

43 Exceptions in relation to access by the public to places, vehicles, and facilities (1) Section 42 of this Act shall not prevent the maintenance of separate facilities for each sex on the ground of…

Section 44 — Provision of goods and services

44 Provision of goods and services (1) It shall be unlawful for any person who supplies goods, facilities, or services to the public or to any section of the public— (a) To refuse or fail on demand…

Section 45 — Exception in relation to courses and counselling

45 Exception in relation to courses and counselling Nothing in section 44 of this Act shall prevent the holding of courses, or the provision of counselling, restricted to persons of a particular sex,…

Section 46 — Exception in relation to public decency or safety

46 Exception in relation to public decency or safety Section 44 of this Act shall not apply to the maintenance or provision of separate facilities or services for each sex on the ground of public…

Section 47 — Exception in relation to skill

47 Exception in relation to skill Where the nature of a skill varies according to whether it is exercised in relation to men or women, a person does not commit a breach of section 44 of this Act by…

Section 48 — Exception in relation to insurance

48 Exception in relation to insurance (1) It shall not be a breach of section 44 of this Act to offer or provide annuities, life insurance policies, accident insurance policies, or other policies of…

Section 49 — Exception in relation to sport

49 Exception in relation to sport (1) Subject to subsection (2) of this section, nothing in section 44 of this Act shall prevent the exclusion of persons of one sex from participation in any…

Section 50 — Exception in relation to travel services

50 Exception in relation to travel services It shall not be a breach of section 44 of this Act to provide group travel services which are expressed to be solely for the benefit of persons in a…

Section 51 — Exception in relation to reduced charges

51 Exception in relation to reduced charges It shall not be a breach of section 44 of this Act to provide goods, services, or facilities at a reduced fee, charge, or rate on the ground of age,…

Section 52 — Exception in relation to disability

52 Exception in relation to disability It shall not be a breach of section 44 of this Act for a person who supplies facilities or services— (a) To refuse to provide those facilities or services to…

Section 53 — Land, housing, and other accommodation

53 Land, housing, and other accommodation (1) It shall be unlawful for any person, on his or her own behalf or on behalf or purported behalf of any principal,— (a) To refuse or fail to dispose of any…

Section 54 — Exception in relation to shared residential accommodation

54 Exception in relation to shared residential accommodation Nothing in section 53 of this Act shall apply to residential accommodation which is to be shared with the person disposing of the…

Section 55 — Exception in relation to hostels, institutions, etc

55 Exception in relation to hostels, institutions, etc Nothing in section 53 of this Act shall apply to accommodation in any hostel or in any establishment (such as a hospital, club, school,…

Section 56 — Further exception in relation to disability

56 Further exception in relation to disability (1) Subject to subsection (2) of this section, nothing in section 53 of this Act shall apply, in relation to any accommodation, if the disability of the…