• What is the purpose of the Human Rights Act 1993?
• What is unlawful discrimination?
• What is indirect discrimination?
• Which employees are protected by the Act?
• What situations does the Act apply to?
• Are there exceptions?
• EEO – Equal Employment Opportunities
• Have you been unlawfully discriminated against?
• More information

This section summarises the human rights and equal opportunities scene in New Zealand, with particular emphasis on human rights in employment.

What is the purpose of the Human Rights Act 1993?

The Human Rights Act protects New Zealanders from unlawful discrimination in a number of areas of life.

What is unlawful discrimination?

Discrimination occurs when a person is treated unfairly or less favourably than another person in the same or similar circumstances. Discrimination may be unlawful if it is based on any of the following: sex (including pregnancy), disability (including reliance on a guide dog, wheelchair or other aids), marital status, age, religious belief, ethical belief, political opinion, colour, race, family status, employment status, sexual orientation, ethnic or national origins.
These apply to a person’s past, present or assumed circumstances. For example, it is unlawful to discriminate against someone because they have a mental illness, had a mental illness in the past, or are incorrectly assumed to have a mental illness.

What is indirect discrimination?

When an action or policy that seems to treat everyone the same actually discriminates against a person or group for one of the above reasons. For example, access to a shop via stairs indirectly discriminates against someone who uses a wheelchair.

Which employees are protected by the Act?

The Act applies to employees, voluntary workers, people seeking work, contract workers, (independent contractors) and in some cases the clergy. This means the Act applies to some people who are not covered by other employment laws, such as the Employment Relations Act 2000.

What situations does the Act apply to?

• Advertisements. In certain circumstances it is unlawful to publish an advertisement for employment that specifies personal characteristics, for example, age.
• Job applicants. It is unlawful to ask questions about a job applicant that could lead to discrimination. For example, to ask a prospective employee about their marital status.
• Employment. It is unlawful for an employer or employment agency to do any of the following based on reasons listed under unlawful discrimination:
  • Refuse to employ a qualified applicant for available work
  • Offer a qualified applicant or employee less favourable conditions of work (including fringe benefits, opportunities for training, transfer and promotion)
  • Terminate the employment of an employee
  • Cause an employee to retire or resign.

Are there exceptions?

Yes. These include:

1. Genuine qualifications. Sometimes being a particular age or sex is a genuine qualification for a job. For example, bar staff must be over 18 years of age to serve liquor in licensed premises.
2. Domestic employment in a private household - except on the grounds of race, marital or family status.
3. Work outside New Zealand.
4. Religious organisations and private schools. Eligibility for jobs with some religious organisations and schools may be restricted on the basis of sex or religion, but not on other grounds such as race or age.
5. Counselling. If the position involves counselling on highly personal matters, such as sexual matters or the prevention of violence, it is possible to discriminate on the grounds of sex, race, ethnic or national origins or sexual orientation.
6. Privacy. People of a particular sex can be employed for jobs such as the fitting of clothes in certain shops.
7. Youth rates. If an employer is paying youth rates, employees under 20 years of age can be selected.
8. Health and safety. If there would be risk of harm to the applicant or to others arising from the job or work environment. For example, a person with a serious visual impairment applying for a job as a driver.

EEO – Equal Employment Opportunities

EEO ensures all applicants for a job are treated equally, taking into account all qualifications.

Employers may gather information regarding applicants’ race or disability for the purpose of EEO programmes, for example, to check whether applicants from diverse backgrounds have applied for a job. When this happens, it should be made clear that this information will not be used to discriminate against them.

Have you been unlawfully discriminated against?

If you are involved in a dispute relating to unlawful discrimination you can ask for information and/or assistance from the Human Rights Commission.

Employees (but not voluntary workers, independent contractors or clergy) are also covered by the Employment Relations Act 2000. Employees can choose to complain to the Employment Relations Service or the Human Rights Commission, but cannot take proceedings with both.

More information

The information on this page should not be regarded as legal advice. Please contact a lawyer for specific legal advice. You can contact the Human Rights Commission on 0800 496 877 or email: hrc@hrc.co.nz or check the Human Rights Commission website.