Human Rights Act 1993

Unlawful discrimination - Discrimination in access to educational establishments

60: Further exceptions in relation to disability

You could also call this:

"When Schools Can't Help Students with Disabilities"

You are protected from discrimination at school, but there are some exceptions. If you have a disability that needs special services or facilities that cannot be provided, you might not be able to attend that school. This is because the school cannot reasonably provide what you need to participate in their programme. You also might not be able to attend a school if your disability puts you or others at risk of harm, including getting sick. However, the school should try to reduce this risk if they can do so without disrupting the school too much. If the school can make it safe for you to attend, then they should let you in, as stated in section 57.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304641.

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

Topics:

Education and learning > School educationRights and equality > Anti-discriminationHealth and wellbeing > Public health

59: Exception in relation to courses and counselling, or

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

61: Racial disharmony, or

"It's illegal to say or write things that insult or threaten people because of their race or where they come from."

Part 2Unlawful discrimination
Discrimination in access to educational establishments

60Further exceptions in relation to disability

Nothing in section 57 applies to a person whose disability is such that that person requires special services or facilities that in the circumstances cannot reasonably be made available (being services or facilities that are required to enable the person to participate in the educational programme of an establishment referred to in that section or to enable the person to derive substantial benefits from that programme).
Subject to subsection (3), nothing in section 57 shall apply where the 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 be admitted to an educational establishment and it is not reasonable to take that risk.
Nothing in subsection (2) shall apply if the person in charge of the educational establishment could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.

Notes

Section 60(1): amended, on 10 September 2008, by section 9(a) of the Human Rights Amendment Act 2008 (2008 No 65).
Section 60(1): amended, on 10 September 2008, by section 9(b) of the Human Rights Amendment Act 2008 (2008 No 65).