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Human Rights Act 1993

Unlawful discrimination - Discrimination by industrial and professional associations, qualifying bodies, and vocational training bodies

37: Organisations of employees or employers and professional and trade associations

You could also call this:

"Fair treatment by unions and professional groups"

Illustration for Human Rights Act 1993

You cannot be treated unfairly by a group you want to join, like a union or a professional organisation. This means they cannot refuse to let you join or give you worse conditions than others. They also cannot stop you from being a member or suspend you unfairly. You have the right to be treated fairly and have the same access to benefits and services as others. If you have a disability, the organisation should provide special services to help you, if it is reasonable to do so. This includes helping you to join, stay in the group, and have equal access to benefits and services. There are some exceptions, like if your disability would put you or others at risk of harm. But the organisation should try to reduce this risk if possible, without causing too much disruption. This law applies to groups like unions, employer organisations, and professional associations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304608.

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Work and jobs > Worker rightsRights and equality > Anti-discrimination
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Part 2Unlawful discrimination
Discrimination by industrial and professional associations, qualifying bodies, and vocational training bodies

37Organisations of employees or employers and professional and trade associations

  1. It shall be unlawful for an organisation to which this section applies, or for any person acting or purporting to act on behalf of any such organisation,—

  2. to refuse or omit to accept any person for membership; or
    1. to offer any person less favourable terms of membership and less favourable access to any benefits, facilities, or services, including the right to stand for election and hold office in the organisation, than would otherwise be made available; or
      1. to deprive a person of membership, or suspend him or her, in circumstances in which other persons would not be deprived of membership or suspended,—
          1. by reason of any of the prohibited grounds of discrimination.

        1. It is unlawful for an organisation to which this section applies, or for any person acting or purporting to act on behalf of any such organisation, to fail to provide special services or facilities that could reasonably be provided by the organisation in the circumstances and that, if provided, would enable a person with a disability to—

        2. be accepted and remain in membership; or
          1. be given equal access to benefits, facilities, or services provided by the organisation (including the right to stand for election and hold office).

            1. Nothing in this section shall prevent an organisation to which this section applies from charging different fees to persons in different age groups.

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

            3. 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 membership or be given equal access to benefits, facilities, or services provided by the organisation (including the right to stand for election and hold office); and
              1. it is not reasonable to take that risk.

                1. Subsection (2A) does not apply if the organisation could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.

                2. This section applies to an organisation of employees, an organisation of employers, or any other organisation that exists for the purposes of members who carry on a particular profession, trade, or calling.

                Compare
                • 1977 No 49 s 20
                • 1992 No 16 s 9
                Notes
                • Section 37(1A): inserted, on , by section 5(1) of the Human Rights Amendment Act 2008 (2008 No 65).
                • Section 37(2A): inserted, on , by section 5(2) of the Human Rights Amendment Act 2008 (2008 No 65).
                • Section 37(2B): inserted, on , by section 5(2) of the Human Rights Amendment Act 2008 (2008 No 65).