Human Rights Act 1993

Unlawful discrimination - Exceptions in relation to employment matters

25: Exception in relation to work involving national security

You could also call this:

"Some jobs keeping New Zealand safe can restrict who can do them."

Illustration for Human Rights Act 1993

You are protected from unfair treatment at work, but there is an exception. This exception is for work that involves keeping New Zealand safe. The law does not apply to restrictions on who can do this kind of work. You can be restricted from doing work involving national security because of your beliefs or opinions. This includes your religious or ethical beliefs, or your political opinions. It also includes things like your disability or family status, as defined in section 21(1)(h)(iii) or section 21(1)(h)(iv), and section 21(1)(l)(iii) or section 21(1)(l)(iv). Your national origin, or the national origin of your relatives, can also be a reason. It is not against the law to not give a job to someone under 20 who needs a secret or top secret security clearance to do work involving national security, as stated in section 22.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304487.

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24: Exception in relation to crews of ships and aircraft, or

"Some ship and aircraft workers are not covered by New Zealand employment law."


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26: Exception in relation to work performed outside New Zealand, or

"Some jobs overseas can have different rules based on your sex, beliefs, or age."

Part 2Unlawful discrimination
Exceptions in relation to employment matters

25Exception in relation to work involving national security

  1. Nothing in section 22 shall apply to any restrictions on the employment of any person on work involving the national security of New Zealand—

  2. by reference to his or her—
    1. religious or ethical belief; or
      1. political opinion; or
        1. disability, within the meaning of section 21(1)(h)(iii) or section 21(1)(h)(iv); or
          1. family status, within the meaning of section 21(1)(l)(iii) or section 21(1)(l)(iv); or
            1. national origin; or
            2. by reference to the national origin of any relative of that person.
              1. It shall not be a breach of section 22 to decline to employ a person under the age of 20 years on work involving the national security of New Zealand where that work requires a secret or top secret security clearance.

              Compare
              • 1977 No 49 s 15(10)