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Human Rights Act 1993

Discrimination by Government, related persons and bodies, or persons or bodies acting with legal authority

20L: Acts or omissions in breach of this Part

You could also call this:

"Breaking the Law: When You Treat People Unfairly"

Illustration for Human Rights Act 1993

You can breach this Part of the law if you do something that goes against section 19 of the New Zealand Bill of Rights Act 1990. This happens when you limit someone's right to freedom from discrimination. You must also check if your action is justified under section 5 of the New Zealand Bill of Rights Act 1990. You can still breach this Part even if you are allowed or required to do something by another law. This is important to remember when thinking about your actions. It helps you understand what you can and cannot do. If you are unsure about what you can do, you should look at the laws that apply to you. This will help you make good choices and follow the rules. You can find more information about the laws in the New Zealand Bill of Rights Act 1990.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304465.

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Topics:
Rights and equality > Anti-discriminationCrime and justice > Criminal law
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20K: Purposes for which section 20L applies, or

"When section 20L of the Human Rights Act is used"

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21A: Application of this Part limited if section 3 of New Zealand Bill of Rights Act 1990 applies, or

"Some rules don't apply if you're following other important rights rules"

Part 1ADiscrimination by Government, related persons and bodies, or persons or bodies acting with legal authority

20LActs 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 the New Zealand Bill of Rights Act 1990.

  2. For the purposes of subsection (1), an act or omission is inconsistent with section 19 of the New Zealand Bill of Rights Act 1990 if the act or omission—

  3. limits the right to freedom from discrimination affirmed by that section; and
    1. is not, under section 5 of the New Zealand Bill of Rights Act 1990, a justified limitation on that right.

      1. To avoid doubt, subsections (1) and (2) apply in relation to an act or omission even if it is authorised or required by an enactment.

      Notes
      • Section 20L: inserted, on , by section 6 of the Human Rights Amendment Act 2001 (2001 No 96).