Human Rights Act 1993

Unlawful discrimination - Discrimination in provision of land, housing, and other accommodation

56: Further exception in relation to disability

You could also call this:

"Some rentals may not be suitable for people with disabilities if it's a safety risk."

You are protected from discrimination when looking for a place to live. But there are some exceptions. If you have a disability that could harm you or others, you might not be able to live in a certain place. This is only if it's not reasonable to take that risk. You can still live in a place if the person in charge can take steps to reduce the risk without too much disruption. The law does not require people to provide special services or facilities for people with disabilities if it's not reasonable to do so, as stated in section 53.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304635.

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

Topics:

Housing and property > RentingRights and equality > Anti-discrimination

55: Exception in relation to hostels, institutions, etc, or

"Some hostels and institutions can choose who they accommodate without being unfair."

57: Educational establishments, or

"Schools must treat you fairly, no matter what you look like or where you come from."

Part 2Unlawful discrimination
Discrimination in provision of land, housing, and other accommodation

56Further exception in relation to disability

Subject to subsection (2), nothing in section 53 shall apply, in relation to any accommodation, if the disability of the person is such that there would be a risk of harm to that person or others, including the risk of infecting others with an illness, if that person were to live in that accommodation and it is not reasonable to take that risk.
Subsection (1) shall not apply if the person in charge of the accommodation could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.
Nothing in section 53 makes it unlawful to fail to provide special services or facilities designed to make accommodation suitable for occupation by a person with a disability, if those special services or facilities cannot reasonably be provided in the circumstances.

Notes

Section 56(3): added, on 10 September 2008, by section 8 of the Human Rights Amendment Act 2008 (2008 No 65).