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Human Rights Act 1993

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

38: Qualifying bodies

You could also call this:

"Protection from unfair treatment when getting a job qualification"

Illustration for Human Rights Act 1993

You can't be treated unfairly when you want to get a qualification for a job. This means you can't be refused a qualification because of certain reasons. You also can't be given a qualification with worse conditions than others. You can't have your qualification taken away or changed unfairly either. This is because of rules against unfair treatment. The rules say that getting a qualification includes renewing or extending it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304609.

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Topics:
Work and jobs > Worker rightsRights and equality > Anti-discrimination
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37: Organisations of employees or employers and professional and trade associations, or

"Fair treatment by unions and professional groups"

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39: Exceptions in relation to qualifying bodies, or

"When groups giving qualifications can treat you unfairly"

Part 2Unlawful discrimination
Discrimination by industrial and professional associations, qualifying bodies, and vocational training bodies

38Qualifying bodies

  1. It shall be unlawful for an authority or body empowered to confer an approval, authorisation, or qualification that is needed for, or facilitates, engagement in a profession, trade, or calling, or any person acting or purporting to act on behalf of any such authority or body,—

  2. to refuse or omit to confer that approval, authorisation, or qualification on a person; or
    1. to confer that approval, authorisation, or qualification on less favourable terms and conditions than would otherwise be made available; or
      1. to withdraw that approval, authorisation, or qualification or vary the terms on which it is held, in circumstances in which it would not otherwise be withdrawn or varied,—
          1. by reason of any of the prohibited grounds of discrimination.

        1. For the purposes of this section, confer includes renew or extend.

        Compare
        • 1977 No 49 s 21(1), (3)
        • 1992 No 16 s 10(1)