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Human Rights Act 1993

Unlawful discrimination - Other forms of discrimination

65: Indirect discrimination

You could also call this:

"Being treated unfairly because of a rule that affects some people more than others"

Illustration for Human Rights Act 1993

You might be treated unfairly because of something that seems okay at first. This can happen if a rule or practice affects you differently because of your race, sex, or other things that it's against the law to discriminate against. If this happens, the person who made the rule must show they had a good reason for it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304657.

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Topics:
Rights and equality > Anti-discrimination
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Part 2Unlawful discrimination
Other forms of discrimination

65Indirect discrimination

  1. Where any conduct, practice, requirement, or condition that is not apparently in contravention of any provision of this Part has the effect of treating a person or group of persons differently on 1 of the prohibited grounds of discrimination in a situation where such treatment would be unlawful under any provision of this Part other than this section, that conduct, practice, condition, or requirement shall be unlawful under that provision unless the person whose conduct or practice is in issue, or who imposes the condition or requirement, establishes good reason for it.

Compare
  • 1977 No 49 s 27
  • 1992 No 16 s 12