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Human Rights Act 1993

Unlawful discrimination - Application of Part to persons and bodies referred to in section 3 of New Zealand Bill of Rights Act 1990

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

You could also call this:

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

Illustration for Human Rights Act 1993

If you do something that might affect someone's rights, some rules apply. You need to know which rules apply to you. These rules are in sections 21 to 35, 61 to 64, and 66 of the Human Rights Act 1993. If you are part of the Government or do a public job, some rules apply to you. You can find out what these jobs are in section 3 of the New Zealand Bill of Rights Act 1990. This includes people who work in the courts, government, or do jobs that help the public. Some other rules also apply to you, but only if they are related to the rules in sections 21 to 35, 61 to 64, and 66. These rules are in sections 65 and 67 to 74 of the Human Rights Act 1993.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304469.

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Topics:
Rights and equality > Anti-discriminationGovernment and voting > Government departments
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20L: Acts or omissions in breach of this Part, or

"Breaking the Law: When You Treat People Unfairly"

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21B: Relationship between this Part and other law, or

"How this law fits with other New Zealand laws"

Part 2Unlawful discrimination
Application of Part to persons and bodies referred to in section 3 of New Zealand Bill of Rights Act 1990

21AApplication 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 subsection (2) are—

  2. sections 21 to 35 (which relate to discrimination in employment matters), 61 to 64 (which relate to racial disharmony, sexual harassment, adverse treatment in employment of people affected by family violence, and racial harassment) and 66 (which relates to victimisation); and
    1. sections 65 and 67 to 74, but only to the extent that those sections relate to conduct that is unlawful under any of the provisions referred to in paragraph (a).

      1. The persons and bodies referred to in subsection (1) are the ones referred to in section 3 of the New Zealand Bill of Rights Act 1990, namely—

      2. the legislative, executive, and judicial branches of the Government of New Zealand; and
        1. every person or body in the performance of any public function, power, or duty conferred or imposed on that person or body by or pursuant to law.

          Notes
          • Section 21A: inserted, on , by section 7 of the Human Rights Amendment Act 2001 (2001 No 96).
          • Section 21A(1)(a): amended, on , by section 259(1) of the Family Violence Act 2018 (2018 No 46).
          • Section 21A(1)(a): amended, on , by section 38 of the Domestic Violence—Victims' Protection Act 2018 (2018 No 21).