Human Rights Act 1993

Unlawful discrimination - Discrimination in provision of goods and services

44: Provision of goods and services

You could also call this:

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

Illustration for Human Rights Act 1993

You have the right to buy things or use services from people who sell to the public. It is against the law for someone to refuse to sell you something or provide a service because of who you are. This includes things like banking, insurance, and loans. You should be treated fairly when you are buying something or using a service. This means you should not be treated differently because of who you are. The law says that people who provide services or sell things cannot discriminate against you. Some clubs have special rules, but they still have to follow the law. If a club does not treat you fairly, it can be a problem. But the law does not apply to who can join a club or what services the club provides to its members. The law is there to protect you from being treated unfairly when you are buying things or using services. It applies to all kinds of services, including things like credit and finance. You have the right to be treated fairly and with respect.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304621.

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Part 2Unlawful discrimination
Discrimination in provision of goods and services

44Provision of goods and services

  1. It shall be unlawful for any person who supplies goods, facilities, or services to the public or to any section of the public—

  2. to refuse or fail on demand to provide any other person with those goods, facilities, or services; or
    1. to treat any other person less favourably in connection with the provision of those goods, facilities, or services than would otherwise be the case,—
      1. by reason of any of the prohibited grounds of discrimination.

      2. For the purposes of subsection (1), but without limiting the meaning of the terms goods, facilities, and services in that subsection, the term facilities includes facilities by way of banking or insurance or for grants, loans, credit, or finance.

      3. Where any club, or any branch or affiliate of any club, that grants privileges to members of any other club, branch, or affiliate refuses or fails on demand to provide those privileges to any of those members, or treats any of those members less favourably in connection with the provision of those privileges than would otherwise be the case, by reason of any of the prohibited grounds of discrimination, that club, branch, or affiliate shall be deemed to have committed a breach of this section.

      4. Subject to subsection (3), nothing in this section shall apply to access to membership of a club or to the provision of services or facilities to members of a club.

      Compare
      • 1977 No 49 s 24(1)–(3)