Human Rights Act 1993

Unlawful discrimination - Discrimination in access to educational establishments

57: Educational establishments

You could also call this:

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

You cannot be stopped from going to school because of things like your race or gender. It is against the law for a school to treat you unfairly. This includes not letting you in, giving you worse conditions, or not giving you the same benefits as others. You are protected from being treated unfairly at any place that teaches or trains you. This can be a school, or any other place that offers training or instruction. The law says that schools, including those run by organisations or associations, must treat you fairly. If a school does not treat you fairly, it could be because of things that are not allowed to be used to discriminate against you. You have the right to be treated the same as everyone else at school. This is explained more in section 40, which talks about organisations and associations that run schools.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304637.

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

Topics:

Education and learning > School educationRights and equality > Anti-discrimination

56: Further exception in relation to disability, or

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

58: Exceptions in relation to establishments for particular groups, or

"Some groups can be treated differently, like single-sex schools or job training for specific people."

Part 2Unlawful discrimination
Discrimination in access to educational establishments

57Educational establishments

It shall be unlawful for an educational establishment, or the authority responsible for the control of an educational establishment, or any person concerned in the management of an educational establishment or in teaching at an educational establishment,—
to refuse or fail to admit a person as a pupil or student; or
to admit a person as a pupil or a student on less favourable terms and conditions than would otherwise be made available; or
to deny or restrict access to any benefits or services provided by the establishment; or
to exclude a person as a pupil or a student or subject him or her to any other detriment,—

In this section, educational establishment includes an establishment offering any form of training or instruction and an educational establishment under the control of an organisation or association referred to in section 40.