Human Rights Act 1993

Unlawful discrimination - Discrimination in provision of goods and services

48: Exception in relation to insurance

You could also call this:

"It's okay to treat people differently when offering insurance if you use fair and reliable information."

You can treat people differently when offering insurance if it is based on actuarial or statistical data. This data must be about life expectancy, accidents, or sickness. You can also use reputable medical or actuarial advice if no data is available for people with a disability. You must show it is reasonable to rely on this data or advice. The Commission or the Complaints Division can ask you to justify why you are treating people differently. They can also ask an actuary for their views on this. When assessing if it is reasonable to treat people differently, the Commission or the Complaints Division can request justification and views from an actuary, as stated in section 44. They do this to ensure the treatment is fair. You must provide this information if asked.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304626.

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

Topics:

Money and consumer rights > Consumer protectionRights and equality > Anti-discrimination

47: Exception in relation to skill, or

"It's okay to use a skill differently with men and women if that's your usual practice."

49: Exception in relation to sport, or

"Some sports can have rules about who can play, based on things like strength or disability."

Part 2Unlawful discrimination
Discrimination in provision of goods and services

48Exception in relation to insurance

It shall not be a breach of section 44 to offer or provide annuities, life insurance policies, accident insurance policies, or other policies of insurance, whether for individual persons or groups of persons, on different terms or conditions for each sex or for persons with a disability or for persons of different ages if the different treatment—
is based on—
1. actuarial or statistical data, upon which it is reasonable to rely, relating to life-expectancy, accidents, or sickness; or
2. where no such data is available in respect of persons with a disability, reputable medical or actuarial advice or opinion, upon which it is reasonable to rely, whether or not contained in an underwriting manual; and
is reasonable having regard to the applicability of the data or advice or opinion, and of any other relevant factors, to the particular circumstances.

In assessing, for the purposes of this section, whether it is reasonable to rely on any data or advice or opinion, and whether different treatment is reasonable, the Commission or the Complaints Division may—
require justification to be provided for reliance on the data or advice or opinion and for the different treatment; and
request the views of an actuary on the justification for the reliance and for the different treatment.

Compare

1977 No 49 s 24(6)

Notes

Section 48(2)(b): amended, on 1 May 2011, by section 82 of the Financial Markets Authority Act 2011 (2011 No 5).