Human Rights Act 1993

Unlawful discrimination - Discrimination in access to places, vehicles, and facilities

43: Exceptions in relation to access by the public to places, vehicles, and facilities

You could also call this:

"Exceptions to public access for safety and decency"

You can have separate areas for men and women in public places if it is needed for public decency or safety. You do not have to provide special help or facilities for people with disabilities if it is not reasonable to do so. There are rules about buildings in section 118 of the Building Act 2004 that still apply. You can stop someone with a disability from entering a place if they might hurt themselves or others, but only if there is no other way to keep everyone safe. If you are in charge of a place, you should try to find a way to reduce the risk of harm so everyone can be included.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304617.

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

Topics:

Rights and equality > Anti-discriminationHealth and wellbeing > Public healthHousing and property > Home safety and repairs

42: Access by the public to places, vehicles, and facilities, or

"Everyone can use public places, vehicles, and facilities without being treated unfairly"

44: Provision of goods and services, or

"Everyone is treated fairly when buying things or using services"

Part 2Unlawful discrimination
Discrimination in access to places, vehicles, and facilities

43Exceptions in relation to access by the public to places, vehicles, and facilities

Section 42 shall not prevent the maintenance of separate facilities for each sex on the ground of public decency or public safety.
Nothing in section 42 requires any person to provide for any person, by reason of the disability of that person, special services or special facilities to enable any such person to gain access to or use any place or vehicle when it would not be reasonable to require the provision of such special services or facilities.
Nothing in subsection (2) limits section 118 of the Building Act 2004.
Subject to subsection (5), nothing in section 42 shall apply where the disability of a person is such that there would be a risk of harm to that person or to others, including the risk of infecting others with an illness, if that person were to have access to or use of any place or vehicle and it is not reasonable to take that risk.
Subsection (4) shall not apply if the person in charge of the place, vehicle, or facility could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.

Compare

1977 No 49 s 23(2)

Notes

Section 43(3): substituted, on 1 January 2002, by section 8 of the Human Rights Amendment Act 2001 (2001 No 96).
Section 43(3): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).