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Human Rights Act 1993

Unlawful discrimination - Other forms of discrimination

66: Victimisation of whistleblower or person making use of rights prohibited

You could also call this:

"You can't be treated unfairly for using your rights under the law."

Illustration for Human Rights Act 1993

It is against the law for someone to treat you unfairly because you used your rights under the Human Rights Act 1993. You have rights under this Act and it is unlawful for someone to treat you badly for using them. If someone thinks you might use your rights, they cannot treat you unfairly. If you tell someone about a problem under this Act, or help someone with a complaint, you are protected. You are also protected if you refuse to do something that would break this Act. But if you make a false complaint on purpose, or act in bad faith, you are not protected. It is also against the law to break certain rules in other Acts, like the Protected Disclosures (Protection of Whistleblowers) Act 2022 or the Integrity Sport and Recreation Act 2023. The rest of the Human Rights Act 1993 applies to these breaches, so for example, section 68 of this Act can apply to an employee's actions. This means that if an employee does something wrong, their employer can be held responsible.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304658.

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Part 2Unlawful discrimination
Other forms of discrimination

66Victimisation of whistleblower or person making use of rights prohibited

  1. It is unlawful for any person (A) to treat, or threaten to treat, another person (B) less favourably than A would treat other persons in the same or substantially similar circumstances because—

  2. B (or a relative or associate of B)—
    1. intends to make, or has made, use of their rights under this Act; or
      1. has encouraged another person to make use of their rights, or has promoted the rights of another person, under this Act; or
        1. has given information in support of, or relating to, any complaint, investigation, or proceeding under this Act; or
          1. has declined to do an act that would contravene this Act; or
            1. has otherwise done anything under or by reference to this Act; or
            2. A believes or suspects that B (or a relative or associate of B) intends to do, or has done, anything mentioned in paragraph (a).

              1. Subsection (1) does not apply if B knowingly made a false allegation or otherwise acted in bad faith.

              2. The following is unlawful under this Act:

              3. a breach of section 22(1) of the Protected Disclosures (Protection of Whistleblowers) Act 2022:
                1. a breach of section 40(1) of the Integrity Sport and Recreation Act 2023 to which section 40(4) of that Act applies.

                  1. The rest of this Act applies to a breach referred to in subsection (3) (so that, for example, section 68 of this Act applies to treat an employee’s actions or omissions as done or omitted by their employer).

                  Notes
                  • Section 66: replaced, on , by section 40 of the Protected Disclosures (Protection of Whistleblowers) Act 2022 (2022 No 20).
                  • Section 66(3): replaced, on , by section 71 of the Integrity Sport and Recreation Act 2023 (2023 No 48).
                  • Section 66(4): inserted, on , by section 71 of the Integrity Sport and Recreation Act 2023 (2023 No 48).