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Human Rights Act 1993

Unlawful discrimination - Other forms of discrimination

63: Racial harassment

You could also call this:

"Protection from racist language and behaviour"

Illustration for Human Rights Act 1993

It is against the law for someone to use language, pictures, or behaviour that is hostile or hurtful to you because of your colour, race, or where you come from. This can be something that is said or written, or a physical action. The law says this is not allowed if it is repeated, or if it is so bad that it affects you in a negative way, in areas like getting a job, going to school, or accessing public places. You are protected from this kind of behaviour in many areas of life, including when you are looking for work, already working, or trying to join a club or organisation. The law also applies to situations like buying things, using public transport, or finding a place to live, and it is in place to help keep you safe from hurtful or hostile behaviour.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304652.

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Part 2Unlawful discrimination
Other forms of discrimination

63Racial harassment

  1. It shall be unlawful for any person to use language (whether written or spoken), or visual material, or physical behaviour that—

  2. expresses hostility against, or brings into contempt or ridicule, any other person on the ground of the colour, race, or ethnic or national origins of that person; and
    1. is hurtful or offensive to that other person (whether or not that is conveyed to the first-mentioned person); and
      1. is either repeated, or of such a significant nature, that it has a detrimental effect on that other person in respect of any of the areas to which this subsection is applied by subsection (2).

        1. The areas to which subsection (1) applies are—

        2. the making of an application for employment:
          1. employment, which term includes unpaid work:
            1. participation in, or the making of an application for participation in, a partnership:
              1. membership, or the making of an application for membership, of an industrial union or professional or trade association:
                1. access to any approval, authorisation, or qualification:
                  1. vocational training, or the making of an application for vocational training:
                    1. access to places, vehicles, and facilities:
                      1. access to goods and services:
                        1. access to land, housing, or other accommodation:
                          1. education:
                            1. participation in fora for the exchange of ideas and information.

                              Notes
                              • Section 63(2)(k): inserted, on , by section 38 of the Harmful Digital Communications Act 2015 (2015 No 63).