Human Rights Act 1993

Unlawful discrimination - Discrimination in access to educational establishments

58: Exceptions in relation to establishments for particular groups

You could also call this:

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

You can't be stopped from going to a school just because of your sex, race, or religion, but there are some exceptions. If a school is only for boys or girls, or for people with a certain disability, they can say no to you if you don't fit into that group. They are not breaking the law, according to section 57, if they refuse to let you in. You might see some organisations helping people get jobs by giving them special training. They can choose to help people who really need it, like those who have not had a full-time job for a long time. This is allowed, even if it means some people get preferential treatment, as stated in section 57. Some organisations can also decide to help people of certain ages, like only giving money to people over a certain age. They can charge different fees to people in different age groups, and this is okay, according to section 57. This means they are not breaking the law if they treat people differently based on their age.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304639.

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

Topics:

Education and learning > School educationWork and jobs > Job licensesWork and jobs > Worker rightsRights and equality > Anti-discrimination

57: Educational establishments, or

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

59: Exception in relation to courses and counselling, or

"Some school classes or counselling can be for specific groups only."

Part 2Unlawful discrimination
Discrimination in access to educational establishments

58Exceptions in relation to establishments for particular groups

An educational establishment maintained wholly or principally for students of one sex, race, or religious belief, or for students with a particular disability, or for students in a particular age group, or the authority responsible for the control of any such establishment, does not commit a breach of section 57 by refusing to admit students of a different sex, race, or religious belief, or students not having that disability or not being in that age group.
Nothing in section 57 shall prevent an organisation or association from affording persons preferential access to facilities for training that would help to fit them for employment where it appears to that organisation or association that those persons are in special need of training by reason of the period for which they have not been engaged in regular full-time employment.
Nothing in section 57 shall prevent an organisation or association from providing training, or facilities or opportunities for training (including facilities or opportunities by way of financial grants), only for persons above a particular age or in a particular age group.
Nothing in section 57 shall prevent the making of financial grants by an organisation or association only to persons above a particular age or in a particular age group.
Nothing in section 57 shall prevent an organisation or association from charging different fees to persons in different age groups.