Human Rights Act 1993

Unlawful discrimination - Exceptions in relation to employment matters

30: Further exceptions in relation to age

You could also call this:

"When Age Can Be a Reason for Different Treatment at Work"

You are protected from unfair treatment at work because of your age. However, there are some exceptions to this rule. If a job requires you to be a certain age for safety reasons or other reasons, then your age can be considered. You can be paid differently to someone else doing a similar job if you are under 20 years old. This is allowed as long as the reason for the different pay is because of your age. You might get preferential treatment because of your age if you are paid according to certain rules. These rules are in section 22(1)(a) and section 22(1)(d) 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=DLM304492.

This page was last updated on 13 December 2025 — View changes

Topics:

Work and jobs > Worker rightsRights and equality > Anti-discrimination

29: Further exceptions in relation to disability, or

"When having a disability means you can be treated differently at work"

30A: Exception in relation to employment-related retirement benefits, or

"Retirement benefits can have different rules based on age in certain work contracts."

Part 2Unlawful discrimination
Exceptions in relation to employment matters

30Further exceptions in relation to age

Nothing in section 22(1)(a) or section 22(1)(d) shall apply in relation to any position or employment where being of a particular age or in a particular age group is a genuine occupational qualification for that position or employment, whether for reasons of safety or for any other reason.
Nothing in section 22(1)(b) shall prevent payment of a person at a lower rate than another person employed in the same or substantially similar circumstances where the lower rate is paid on the basis that the first-mentioned person has not attained a particular age, not exceeding 20 years of age.
Nothing in section 22(1)(a) shall prevent preferential treatment based on age accorded to persons who are to be paid in accordance with subsection (2).

Compare

1977 No 49 s 15A(2)–(4)
1992 No 16 s 4