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Human Rights Act 1993

Unlawful discrimination - Prohibited grounds of discrimination

21: Prohibited grounds of discrimination

You could also call this:

"What you can't be treated unfairly for"

Illustration for Human Rights Act 1993

The law says you cannot be treated unfairly because of certain things. These things are your sex, marital status, religious belief, and colour. They also include your race, ethnic or national origins, disability, age, and political opinion. You are protected from unfair treatment because of your employment status, family status, and sexual orientation. The law applies to you and your relatives or friends. It applies if someone thinks you have one of these characteristics, even if you do not. The law says what these characteristics mean. For example, disability includes physical or mental illness, and intellectual disability. Age means how old you are, and it applies differently in different situations. Family status means having children or other dependants to care for, or not having them. The law is there to protect you from unfair treatment. It says what you are protected from, and who is protected. You can find more information about the law in the Human Rights Act 1993 and the New Zealand Superannuation and Retirement Income Act 2001.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304475.

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Topics:
Rights and equality > Anti-discrimination
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22: Employment, or

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Part 2Unlawful discrimination
Prohibited grounds of discrimination

21Prohibited grounds of discrimination

  1. For the purposes of this Act, the prohibited grounds of discrimination are—

  2. sex, which includes pregnancy and childbirth:
    1. marital status, which means being—
      1. single; or
        1. married, in a civil union, or in a de facto relationship; or
          1. the surviving spouse of a marriage or the surviving partner of a civil union or de facto relationship; or
            1. separated from a spouse or civil union partner; or
              1. a party to a marriage or civil union that is now dissolved, or to a de facto relationship that is now ended:
              2. religious belief:
                1. ethical belief, which means the lack of a religious belief, whether in respect of a particular religion or religions or all religions:
                  1. colour:
                    1. race:
                      1. ethnic or national origins, which includes nationality or citizenship:
                        1. disability, which means—
                          1. physical disability or impairment:
                            1. physical illness:
                              1. psychiatric illness:
                                1. intellectual or psychological disability or impairment:
                                  1. any other loss or abnormality of psychological, physiological, or anatomical structure or function:
                                    1. reliance on a disability assist dog, wheelchair, or other remedial means:
                                      1. the presence in the body of organisms capable of causing illness:
                                      2. age, which means,—
                                        1. for the purposes of sections 22 to 41 and section 70 and in relation to any different treatment based on age that occurs in the period beginning with 1 February 1994 and ending with the close of 31 January 1999, any age commencing with the age of 16 years and ending with the date on which persons of the age of the person whose age is in issue qualify for national superannuation under section 7 of the New Zealand Superannuation and Retirement Income Act 2001 (irrespective of whether or not the particular person qualifies for national superannuation at that age or any other age):
                                          1. for the purposes of sections 22 to 41 and section 70 and in relation to any different treatment based on age that occurs on or after 1 February 1999, any age commencing with the age of 16 years:
                                            1. for the purposes of any other provision of Part 2, any age commencing with the age of 16 years:
                                            2. political opinion, which includes the lack of a particular political opinion or any political opinion:
                                              1. employment status, which means—
                                                1. being unemployed; or
                                                  1. being a recipient of a benefit as defined in Schedule 2 of the Social Security Act 2018 or an entitlement under the Accident Compensation Act 2001:
                                                  2. family status, which means—
                                                    1. having the responsibility for part-time care or full-time care of children or other dependants; or
                                                      1. having no responsibility for the care of children or other dependants; or
                                                        1. being married to, or being in a civil union or de facto relationship with, a particular person; or
                                                          1. being a relative of a particular person:
                                                          2. sexual orientation, which means a heterosexual, homosexual, lesbian, or bisexual orientation.

                                                            1. Each of the grounds specified in subsection (1) is a prohibited ground of discrimination, for the purposes of this Act, if—

                                                            2. it pertains to a person or to a relative or associate of a person; and
                                                              1. it either—
                                                                1. currently exists or has in the past existed; or
                                                                  1. is suspected or assumed or believed to exist or to have existed by the person alleged to have discriminated.

                                                                  Notes
                                                                  • Section 21(1)(b): substituted, on , by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
                                                                  • Section 21(1)(h)(vi): amended, on , by section 5 of the Human Rights (Disability Assist Dogs Non-Discrimination) Amendment Act 2022 (2022 No 18).
                                                                  • Section 21(1)(i)(i): amended, on , by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).
                                                                  • Section 21(1)(i)(i): amended, on , by section 77 of the New Zealand Superannuation Act 2001 (2001 No 84).
                                                                  • Section 21(1)(k)(ii): substituted, on , by section 415(1) of the Accident Insurance Act 1998 (1998 No 114).
                                                                  • Section 21(1)(k)(ii): amended, on , by section 459 of the Social Security Act 2018 (2018 No 32).
                                                                  • Section 21(1)(k)(ii): amended, on , pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).
                                                                  • Section 21(1)(l)(iii): amended, on , by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).