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Human Rights Act 1993

Unlawful discrimination - Exceptions in relation to employment matters

28: Exceptions for purposes of religion

You could also call this:

"When religion matters, some jobs can treat people differently because of their sex or beliefs."

Illustration for Human Rights Act 1993

You can be treated differently because of your sex when applying for a job with an organised religion. This is allowed if the job is only for one sex to follow the religion's rules or customs. You can also be treated differently because of your religious or ethical beliefs in certain situations. You can be treated differently if you are working under clause 47 of Schedule 6 of the Education and Training Act 2020. Your job might involve teaching or spreading your religious beliefs. You might be a teacher in a private school or a social worker for an organisation that shares your beliefs. If your religious or ethical beliefs require you to follow a particular practice, your employer must try to accommodate this. They must do this as long as it does not disrupt their activities too much.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304490.

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Work and jobs > Worker rightsRights and equality > Anti-discriminationEducation and learning > Higher educationEducation and learning > School education
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Part 2Unlawful discrimination
Exceptions in relation to employment matters

28Exceptions for purposes of religion

  1. Nothing in section 22 shall prevent different treatment based on sex where the position is for the purposes of an organised religion and is limited to one sex so as to comply with the doctrines or rules or established customs of the religion.

  2. Nothing in section 22 shall prevent different treatment based on religious or ethical belief where—

  3. that treatment is accorded under clause 47 of Schedule 6 of the Education and Training Act 2020; or
    1. the sole or principal duties of the position (not being a position to which clause 47 of Schedule 6 of the Education and Training Act 2020 applies)—
      1. are, or are substantially the same as, those of a clergyman, priest, pastor, official, or teacher among adherents of that belief or otherwise involve the propagation of that belief; or
        1. are those of a teacher in a private school; or
          1. consist of acting as a social worker on behalf of an organisation whose members comprise solely or principally adherents of that belief.

          2. Where a religious or ethical belief requires its adherents to follow a particular practice, an employer must accommodate the practice so long as any adjustment of the employer's activities required to accommodate the practice does not unreasonably disrupt the employer's activities.

          Compare
          • 1977 No 49 s 15(6), (7)
          Notes
          • Section 28(2)(a): amended, on , by section 668 of the Education and Training Act 2020 (2020 No 38).
          • Section 28(2)(b): amended, on , by section 668 of the Education and Training Act 2020 (2020 No 38).