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Human Rights Act 1993

Unlawful discrimination - Discrimination in partnerships

36: Partnerships

You could also call this:

"Fair treatment when joining or being a partner in a business"

Illustration for Human Rights Act 1993

You cannot be treated unfairly when you want to join a firm as a partner. This means you should not be refused as a partner because of your race, sex or disability. You should be given the same terms and conditions as other partners. You should not be treated unfairly once you are a partner. This means you should not be denied a higher status or more shares in the firm because of your race, sex or disability. You should not be expelled from the firm or treated badly because of these things. If you have a disability, the firm should try to help you. They should provide special services or facilities to help you be a partner. This could include things like ramps or special equipment. Sometimes, a firm can set special conditions for a partner. This might happen if you have a disability that means you cannot do certain things. But the firm should not use this as an excuse to treat you unfairly. If you have a disability that could harm you or others, the firm might not have to treat you the same. But they should only do this if it is really necessary and they cannot find another way to reduce the risk. They should try to find ways to reduce the risk so you can be a partner safely.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304606.

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Part 2Unlawful discrimination
Discrimination in partnerships

36Partnerships

  1. It shall be unlawful for a firm, or for persons jointly promoting the formation of a firm,—

  2. to refuse or to omit to offer a person admission to the firm as a partner; or
    1. to offer or afford a person less favourable terms and conditions as a partner than are made available to other members or prospective members of the firm,—
        1. by reason of any of the prohibited grounds of discrimination.

      1. It shall be unlawful for a firm—

      2. to deny any partner increased status in the firm or an increased share in the capital or profits of the firm; or
        1. to expel any partner from the firm or to subject any partner to any other detriment,—
            1. by reason of any of the prohibited grounds of discrimination.

          1. It is unlawful for a firm, or for persons jointly promoting the formation of a firm, to fail to provide special services or facilities that could reasonably be provided by the firm, or those persons, in the circumstances and that, if provided, would enable a person with a disability—

          2. to be accepted as a partner and remain in partnership; or
            1. to be offered the same terms and conditions as a partner (including terms and conditions as to status in the firm or entitlements to shares in capital or profits) that are made available to other members or prospective members of the firm.

              1. Nothing in this section prevents the fixing of reasonable terms and conditions in relation to a partner or prospective partner, who by reason of disability or age—

              2. has a restricted capacity to participate or continue to participate in the partnership, that cannot be restored to normal by the provision of any special services or facilities required to be provided under subsection (2A); or
                1. requires special conditions if he or she is to participate or continue to participate in the partnership, even if any special services or facilities required to be provided under subsection (2A) are provided.

                  1. Nothing in this section applies in respect of a person with a disability, if the disability of the person is such that—

                  2. there would be a risk of harm to that person or others, including the risk of infecting others with an illness if that person were to accept or remain in partnership or be given the same terms and conditions as a partner (including terms and conditions as to status in the firm or entitlement to shares in capital or profits) that were made available to other members or prospective members of the firm; and
                    1. it is not reasonable to take that risk.

                      1. Subsection (4) does not apply if the firm, or persons jointly promoting the formation of a firm, could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.

                      Compare
                      • 1977 No 49 s 19
                      • 1992 No 16 s 8
                      Notes
                      • Section 36(2A): inserted, on , by section 4(1) of the Human Rights Amendment Act 2008 (2008 No 65).
                      • Section 36(3): substituted, on , by section 4(2) of the Human Rights Amendment Act 2008 (2008 No 65).
                      • Section 36(4): added, on , by section 4(2) of the Human Rights Amendment Act 2008 (2008 No 65).
                      • Section 36(5): added, on , by section 4(2) of the Human Rights Amendment Act 2008 (2008 No 65).