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Human Rights Act 1993

Unlawful discrimination - Exceptions in relation to employment matters

26: Exception in relation to work performed outside New Zealand

You could also call this:

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

Illustration for Human Rights Act 1993

You can be treated differently because of your sex, religious or ethical belief, or age if your job is mainly outside New Zealand. This is allowed if the country where you work has laws, customs, or practices that mean only certain people can do that job. The job must be one that is usually done by someone of a particular sex, religious or ethical belief, or age group.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304488.

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Topics:
Work and jobs > Worker rightsRights and equality > Anti-discrimination
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"When Being Treated Differently at Work is Okay"

Part 2Unlawful discrimination
Exceptions in relation to employment matters

26Exception in relation to work performed outside New Zealand

  1. Nothing in section 22 shall prevent different treatment based on sex, religious or ethical belief, or age if the duties of the position in respect of which that treatment is accorded—

  2. are to be performed wholly or mainly outside New Zealand; and
    1. are such that, because of the laws, customs, or practices of the country in which those duties are to be performed, they are ordinarily carried out only by a person who is of a particular sex or religious or ethical belief, or who is in a particular age group.

      Compare
      • 1977 No 49 ss 15(9), 15A(1)(b)
      • 1992 No 16 s 4