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Human Rights Act 1993

Unlawful discrimination - Discrimination in provision of goods and services

49: Exception in relation to sport

You could also call this:

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

Illustration for Human Rights Act 1993

You can be stopped from playing in a competitive sport if you are a boy or a girl and the sport needs strength, stamina, or physique. This rule does not apply to things like coaching, umpiring, or running a sport. It also does not apply to sports for kids under 12 years old. You can be stopped from playing a sport if you have a disability that could hurt you or others, including making others sick. This is only if it is not reasonable to take that risk. You can have sports that are only for people with a certain disability or age. This is allowed under the law, as stated in section 44. It is okay to have these kinds of sports.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304627.

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Topics:
Rights and equality > Anti-discriminationSport and recreation > Participation and accessHealth and wellbeing > Public health
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Part 2Unlawful discrimination
Discrimination in provision of goods and services

49Exception in relation to sport

  1. Subject to subsection (2), nothing in section 44 shall prevent the exclusion of persons of one sex from participation in any competitive sporting activity in which the strength, stamina, or physique of competitors is relevant.

  2. Subsection (1) does not apply in relation to the exclusion of persons from participation in—

  3. the coaching of persons engaged in any sporting activity; or
    1. the umpiring or refereeing of any sporting activity; or
      1. the administration of any sporting activity; or
        1. sporting activities by persons who have not attained the age of 12 years.

          1. It shall not be a breach of section 44 to exclude any person from any competitive sporting event or activity if that person's disability 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 take part in that competitive sporting event or activity and it is not reasonable to take that risk.

          2. It shall not be a breach of section 44 to conduct competitive sporting events or activities in which only persons with a particular disability or age qualification may take part.