Constitution of New Zealand 1840, as amended to 2014


Affirmative Action (Broadly)

(1) Anything done or omitted which would otherwise constitute a breach of any of the provisions of this Part2 shall not constitute such a breach if—
(a) it is done or omitted in good faith for the purpose of assisting or advancing persons or groups of persons, being in each case persons against whom discrimination is unlawful by virtue of this Part; and
(b) those persons or groups need or may reasonably be supposed to need assistance or advancement in order to achieve an equal place with other members of the community.
(2) Nothing in this Part—
(a) limits the power of the Crown to establish or arrange work or training schemes or employment assistance measures, eligibility for which may, in whole or in part, be determined by a person's age, employment status, or family status; or
(b) makes it unlawful for any person to recruit or refer any other person who is of a particular age or of a particular employment status or of a particular family status for any work or training scheme or employment assistance measure that is established or arranged by the Crown, the eligibility for which may, in whole or in part, be determined by a person's age, employment status, or family status. (Human Rights Act 1993, Sec. 73)

Affirmative Action (Broadly)

For the avoidance of doubt it is hereby declared that preferential treatment granted by reason of—
(a) a woman’s pregnancy or childbirth; or
(b) a person’s responsibility for part-time care or full-time care of children or other dependants—
shall not constitute a breach of this Part. (Human Rights Act 1993, Sec. 74)

Education

(1) It shall be unlawful for an educational establishment, or the authority responsible for the control of an educational establishment, or any person concerned in the management of an educational establishment or in teaching at an educational establishment,—
(a) to refuse or fail to admit a person as a pupil or student; or
(b) to admit a person as a pupil or a student on less favourable terms and conditions than would otherwise be made available; or
(c) to deny or restrict access to any benefits or services provided by the establishment; or
(d) to exclude a person as a pupil or a student or subject him or her to any other detriment,—
by reason of any of the prohibited grounds of discrimination.
(2) In this section educational establishment includes an establishment offering any form of training or instruction and an educational establishment under the control of an organisation or association referred to in section 40. (Human Rights Act 1993, Sec. 57)

Education

(1) 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.
… (Human Rights Act 1993, Sec. 58)

Education

Nothing in section 57 shall prevent the holding or provision, at any educational establishment, of courses or counselling restricted to persons of a particular sex, race, ethnic or national origin, or sexual orientation, where highly personal matters, such as sexual matters or the prevention of violence, are involved. (Human Rights Act 1993, Sec. 59)

Education

(1) It shall be unlawful for any person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (3)) to make a request of any other person for sexual intercourse, sexual contact, or other form of sexual activity which contains an implied or overt promise of preferential treatment or an implied or overt threat of detrimental treatment.
(2) It shall be unlawful for any person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (3)) by the use of language (whether written or spoken) of a sexual nature, or of visual material of a sexual nature, or by physical behaviour of a sexual nature, to subject any other person to behaviour that—
(a) is unwelcome or offensive to that person (whether or not that is conveyed to the first-mentioned person); and
(b) is either repeated, or of such a significant nature, that it has a detrimental effect on that person in respect of any of the areas to which this subsection is applied by subsection (3).
(3) The areas to which subsections (1) and (2) apply are—

(j) education.
(4) Where a person complains of sexual harassment, no account shall be taken of any evidence of the person’s sexual experience or reputation. (Human Rights Act 1993, Sec. 62)

Employment Rights and Protection

(1) Where an applicant for employment or an employee is qualified for work of any description, it shall be unlawful for an employer, or any person acting or purporting to act on behalf of an employer,—
(a) to refuse or omit to employ the applicant on work of that description which is available; or
(b) to offer or afford the applicant or the employee less favourable terms of employment, conditions of work, superannuation or other fringe benefits, and opportunities for training, promotion, and transfer than are made available to applicants or employees of the same or substantially similar capabilities employed in the same or substantially similar circumstances on work of that description; or
(c) to terminate the employment of the employee, or subject the employee to any detriment, in circumstances in which the employment of other employees employed on work of that description would not be terminated, or in which other employees employed on work of that description would not be subjected to such detriment; or
(d) to retire the employee, or to require or cause the employee to retire or resign, —
by reason of any of the prohibited grounds of discrimination.
(2) It shall be unlawful for any person concerned with procuring employment for other persons or procuring employees for any employer to treat any person seeking employment differently from other persons in the same or substantially similar circumstances by reason of any of the prohibited grounds of discrimination. (Human Rights Act 1993, Sec. 22)

Employment Rights and Protection

(1) Nothing in section 22 shall prevent different treatment based on sex or age where, for reasons of authenticity, being of a particular sex or age is a genuine occupational qualification for the position or employment.
(2) Nothing in section 22 shall prevent different treatment based on sex, religious or ethical belief, disability, age, political opinion, or sexual orientation where the position is one of domestic employment in a private household.
(3) Nothing in section 22 shall prevent different treatment based on sex where—
(a) the position needs to be held by one sex to preserve reasonable standards of privacy; or
(b) the nature or location of the employment makes it impracticable for the employee to live elsewhere than in premises provided by the employer, and—
(i) the only premises available (being premises in which more than 1 employee is required to sleep) are not equipped with separate sleeping accommodation for each sex; and
(ii) it is not reasonable to expect the employer to equip those premises with separate accommodation, or to provide separate premises, for each sex.
(4) Nothing in section 22 shall prevent different treatment based on sex, race, ethnic or national origins, or sexual orientation where the position is that of a counsellor on highly personal matters such as sexual matters or the prevention of violence.
(5) Where, as a term or condition of employment, a position ordinarily obliges or qualifies the holder of that position to live in premises provided by the employer, the employer does not commit a breach of section 22 by omitting to apply that term or condition in respect of employees of a particular sex or marital status if in all the circumstances it is not reasonably practicable for the employer to do so. (Human Rights Act 1993, Sec. 27)

Employment Rights and Protection

Nothing in section 22 shall prevent restrictions imposed by an employer—
(a) on the employment of any person who is married to, or in a civil union or in a de facto relationship with, or who is a relative of, another employee if—
(i) there would be a reporting relationship between them; or
(ii) there is a risk of collusion between them to the detriment of the employer; or
(b) on the employment of any person who is married to, or in a civil union or in a de facto relationship with, or who is a relative of, an employee of another employer if there is a risk of collusion between them to the detriment of that person’s employer. (Human Rights Act 1993, Sec. 32)

Employment Rights and Protection

(1) It shall be unlawful for any person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (3)) to make a request of any other person for sexual intercourse, sexual contact, or other form of sexual activity which contains an implied or overt promise of preferential treatment or an implied or overt threat of detrimental treatment.
(2) It shall be unlawful for any person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (3)) by the use of language (whether written or spoken) of a sexual nature, or of visual material of a sexual nature, or by physical behaviour of a sexual nature, to subject any other person to behaviour that—
(a) is unwelcome or offensive to that person (whether or not that is conveyed to the first-mentioned person); and
(b) is either repeated, or of such a significant nature, that it has a detrimental effect on that person in respect of any of the areas to which this subsection is applied by subsection (3).
(3) The areas to which subsections (1) and (2) apply are—
(a) the making of an application for employment:
(b) employment, which term includes unpaid work:
(c) participation in, or the making of an application for participation in a partnership:
(d) membership, or the making of an application for membership, of an industrial union or professional or trade association:
(e) access to any approval, authorisation, or qualification:
(f) vocational training, or the making of an application for vocational training:

(4) Where a person complains of sexual harassment, no account shall be taken of any evidence of the person’s sexual experience or reputation. (Human Rights Act 1993, Sec. 62)

Employment Rights and Protection

(1) Where—
(a) a request of the kind described in section 62(1) is made to an employee; or
(b) an employee is subjected to behaviour of the kind described in section 62(2) or section 63—
by a person who is a customer or a client of the employee's employer, the employee may make a complaint in writing about that request or behaviour to the employee's employer.
(2) The employer, on receiving a complaint under subsection (1),—
(a) shall inquire into the facts; and
(b) if satisfied that such a request was made or that such behaviour took place,—
shall take whatever steps are practicable to prevent any repetition of such a request or of such behaviour.
(3) Where any person, being a person in relation to whom an employee has made a complaint under subsection (1),—
(a) either—
(i) makes to that employee after the complaint a request of the kind described in section 62(1); or
(ii) subjects that employee after the complaint to behaviour of the kind described in section 62(2) or section 63; and
(b) the employer of that employee has not taken whatever steps are practicable to prevent the repetition of such a request or such behaviour,—
that employer shall be deemed to have committed a breach of this Act and the provisions of this Act shall apply accordingly. (Human Rights Act 1993, Sec. 69)3

Employment Rights and Protection

(1) Anything done or omitted which would otherwise constitute a breach of any of the provisions of this Part4 shall not constitute such a breach if—
(a) it is done or omitted in good faith for the purpose of assisting or advancing persons or groups of persons, being in each case persons against whom discrimination is unlawful by virtue of this Part; and
(b) those persons or groups need or may reasonably be supposed to need assistance or advancement in order to achieve an equal place with other members of the community.
(2) Nothing in this Part—
(a) limits the power of the Crown to establish or arrange work or training schemes or employment assistance measures, eligibility for which may, in whole or in part, be determined by a person’s age, employment status, or family status; or
(b) makes it unlawful for any person to recruit or refer any other person who is of a particular age or of a particular employment status or of a particular family status for any work or training scheme or employment assistance measure that is established or arranged by the Crown, the eligibility for which may, in whole or in part, be determined by a person’s age, employment status, or family status. (Human Rights Act 1993, Sec. 73)

Employment Rights and Protection

For the avoidance of doubt it is hereby declared that preferential treatment granted by reason of—
(a) a woman’s pregnancy or childbirth; or
(b) a person’s responsibility for part-time care or full-time care of children or other dependants—
shall not constitute a breach of this Part. (Human Rights Act 1993, Sec. 74)

Equality and Non-Discrimination

(1) Everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993.
(2) Measures taken in good faith for the purpose of assisting or advancing persons or groups of persons disadvantaged because of discrimination that is unlawful by virtue of Part 2 of the Human Rights Act 1993 do not constitute discrimination. (Bill of Rights Act 1990, Sec. 19)

Equality and Non-Discrimination

The purpose of this Part is to provide that, in general, an act or omission that is inconsistent with the right to freedom from discrimination affirmed by section 19 of the New Zealand Bill of Rights Act 1990 is in breach of this Part if the act or omission is that of a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990.5 (Human Rights Act 1993, Sec. 20I)

Equality and Non-Discrimination

(1) An act or omission in relation to which this Part applies (including an enactment) is in breach of this Part if it is inconsistent with section 19 of the New Zealand Bill of Rights Act 1990.
(2) For the purposes of subsection (1), an act or omission is inconsistent with section 19 of the New Zealand Bill of Rights Act 1990 if the act or omission—
(a) limits the right to freedom from discrimination affirmed by that section; and
(b) is not, under section 5 of the New Zealand Bill of Rights Act 1990, a justified limitation on that right.
(3) To avoid doubt, subsections (1) and (2) apply in relation to an act or omission even if it is authorised or required by an enactment. (Human Rights Act 1993, Sec. 20L)

Equality and Non-Discrimination

(1) For the purposes of this Act, the prohibited grounds of discrimination are—
(a) sex, which includes pregnancy and childbirth:
(b) marital status, which means being—
(i) single; or
(ii) married, in a civil union, or in a de facto relationship; or
(iii) the surviving spouse of a marriage or the surviving partner of a civil union or de facto relationship; or
(iv) separated from a spouse or civil union partner; or
(v) a party to a marriage or civil union that is now dissolved, or to a de facto relationship that is now ended: (c) religious belief:
(d) ethical belief, which means the lack of a religious belief, whether in respect of a particular religion or religions or all religions:
(e) colour:
(f) race:
(g) ethnic or national origins, which includes nationality or citizenship:
(h) disability, which means—
(i) physical disability or impairment:
(ii) physical illness:
(iii) psychiatric illness:
(iv) intellectual or psychological disability or impairment:
(v) any other loss or abnormality of psychological, physiological, or anatomical structure or function:
(vi) reliance on a guide dog, wheelchair, or other remedial means:
(vii) the presence in the body of organisms capable of causing illness:
(i) age, which means,—
(i) for the purposes of sections 22 to 41 and section 70 and in relation to any different treatment based on age that occurs in the period beginning with 1 February 1994 and ending with the close of 31 January 1999, any age commencing with the age of 16 years and ending with the date on which persons of the age of the person whose age is in issue qualify for national superannuation under section 7 of the New Zealand Superannuation and Retirement Income Act 2001 (irrespective of whether or not the particular person qualifies for national superannuation at that age or any other age):
(ii) for the purposes of sections 22 to 41 and section 70 and in relation to any different treatment based on age that occurs on or after 1 February 1999, any age commencing with the age of 16 years:
(iii) for the purposes of any other provision of Part 2, any age commencing with the age of 16 years:
(j) political opinion, which includes the lack of a particular political opinion or any political opinion:
(k) employment status, which means—
(i) being unemployed; or
(ii) being a recipient of a benefit under the Social Security Act 1964 or an entitlement under the Accident Compensation Act 2001:
(l) family status, which means—
(i) having the responsibility for part-time care or full-time care of children or other dependants; or
(ii) having no responsibility for the care of children or other dependants; or
(iii) being married to, or being in a civil union or de facto relationship with, a particular person; or
(iv) being a relative of a particular person:
(m) sexual orientation, which means a heterosexual, homosexual, lesbian, or bisexual orientation.
(2) Each of the grounds specified in subsection (1) is a prohibited ground of discrimination, for the purposes of this Act, if—
(a) it pertains to a person or to a relative or associate of a person; and
(b) it either—
(i) currently exists or has in the past existed; or
(ii) is suspected or assumed or believed to exist or to have existed by the person alleged to have discriminated. (Human Rights Act 1993, Sec. 21)

Equality and Non-Discrimination

(1)The only provisions of this Part that apply to an act or omission of a person or body described in subsection (2) are—
(a)sections 21 to 35 (which relate to discrimination in employment matters), 61 to 64 (which relate to racial disharmony, and social and racial harassment) and 66 (which relates to victimisation);
(b)sections 65 and 67 to 74, but only to the extent that those sections relate to conduct that is unlawful under any of the provisions referred to in paragraph (a).
(2)The persons and bodies referred to in subsection (1) are the ones referred to in section 3 of the New Zealand Bill of Rights Act 1990, namely—
(a)the legislative, executive, and judicial branches of the Government of New Zealand; and
(b)every person or body in the performance of any public function, power, or duty conferred or imposed on that person or body by or pursuant to law. (Human Rights Act 1993, Sec. 21A)

Equality and Non-Discrimination

(1) It shall be unlawful for any person who supplies goods, facilities, or services to the public or to any section of the public—
(a) to refuse or fail on demand to provide any other person with those goods, facilities, or services; or
(b) to treat any other person less favourably in connection with the provision of those goods, facilities, or services than would otherwise be the case,—
by reason of any of the prohibited grounds of discrimination.
… (Human Rights Act 1993, Sec. 44)

Equality and Non-Discrimination

Where the nature of a skill varies according to whether it is exercised in relation to men or women, a person does not commit a breach of section 44 by exercising the skill in relation to one sex only, in accordance with that person’s normal practice. (Human Rights Act 1993, Sec. 47)

Equality and Non-Discrimination

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. (Human Rights Act 1993, Sec. 65)

Equality and Non-Discrimination

(1)Anything done or omitted which would otherwise constitute a breach of any of the provisions of this Part6shall not constitute such a breach if—
(a)it is done or omitted in good faith for the purpose of assisting or advancing persons or groups of persons, being in each case persons against whom discrimination is unlawful by virtue of this Part; and
(b)those persons or groups need or may reasonably be supposed to need assistance or advancement in order to achieve an equal place with other members of the community.
… (Human Rights Act 1993, Sec. 73)

Obligations of the State

This Bill of Rights applies only to acts done—
(a) by the legislative, executive, or judicial branches of the Government of New Zealand; or
(b) by any person or body in the performance of any public function, power, or duty conferred or imposed on that person or body by or pursuant to law. (Bill of Rights Act 1990, Sec. 3)

Obligations of the State

Wherever an enactment can be given a meaning that is consistent with the rights and freedoms contained in this Bill of Rights, that meaning shall be preferred to any other meaning. (Bill of Rights Act 1990, Sec. 6)

Obligations of the State

Where any Bill is introduced into the House of Representatives, the Attorney-General shall,—
(a)in the case of a Government Bill, on the introduction of that Bill; or
(b)in any other case, as soon as practicable after the introduction of the Bill,—
bring to the attention of the House of Representatives any provision in the Bill that appears to be inconsistent with any of the rights and freedoms contained in this Bill of Rights. (Bill of Rights Act 1990, Sec. 7)

Obligations of the State

An existing right or freedom shall not be held to be abrogated or restricted by reason only that the right or freedom is not included in this Bill of Rights or is included only in part. (Bill of Rights Act 1990, Sec. 28)

Judicial Protection

This Bill of Rights applies only to acts done—
(a) by the legislative, executive, or judicial branches of the Government of New Zealand;
… (Bill of Rights Act 1990, Sec. 3)

Judicial Protection

No court shall, in relation to any enactment (whether passed or made before or after the commencement of this Bill of Rights),—
(a) hold any provision of the enactment to be impliedly repealed or revoked, or to be in any way invalid or ineffective; or
(b) decline to apply any provision of the enactment—
by reason only that the provision is inconsistent with any provision of this Bill of Rights. (Bill of Rights Act 1990, Sec. 4)

Judicial Protection

(1)Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person's rights, obligations, or interests protected or recognised by law.
(2)Every person whose rights, obligations, or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination.
… (Bill of Rights Act 1990, Sec. 27)

Judicial Protection

The Tribunal constituted by section 45 of the Human Rights Commission Act 1977 and, immediately before 1 January 2002 (being the date of the commencement of the Human Rights Amendment Act 2001), known as the Complaints Review Tribunal shall continue in being, and, on and after 1 January 2002, is called the Human Rights Review Tribunal. (Human Rights Act 1993, Sec. 93)

Judicial Protection

The functions of the Tribunal shall be—
(a) to consider and adjudicate upon proceedings brought pursuant to sections 92B, 92E, 95, and 97:
(b) to exercise and perform such other functions, powers, and duties as are conferred or imposed on it by or under this Act or any other enactment. (Human Rights Act 1993. Sec. 94)

National Human Rights Bodies

(1)There shall continue to be a Human Rights Commission, which shall be the same body as the Human Rights Commission established under section 4 of the Human Rights Commission Act 1977.
… (Human Rights Act 1993, Sec. 4)

National Human Rights Bodies

(1) The primary functions of the Commission are—
(a) to advocate and promote respect for, and an understanding and appreciation of, human rights in New Zealand society; and
(b) to encourage the maintenance and development of harmonious relations between individuals and among the diverse groups in New Zealand society.
(2) The Commission has, in order to carry out its primary functions under subsection (1), the following functions:
(a) to be an advocate for human rights and to promote and protect, by education and publicity, respect for, and observance of, human rights:
(b) to encourage and co-ordinate programmes and activities in the field of human rights:
(c) to make public statements in relation to any matter affecting human rights, including statements promoting an understanding of, and compliance with, this Act or the New Zealand Bill of Rights Act 1990 (for example, statements promoting understanding of measures to ensure equality, of indirect discrimination, or of institutions and procedures under this Act for dealing with complaints of unlawful discrimination):
(d) to promote by research, education, and discussion a better understanding of the human rights dimensions of the Treaty of Waitangi and their relationship with domestic and international human rights law:
(e) to prepare and publish, as the Commission considers appropriate, guidelines and voluntary codes of practice for the avoidance of acts or practices that may be inconsistent with, or contrary to, this Act:
(f) to receive and invite representations from members of the public on any matter affecting human rights:
(g) to consult and co-operate with other persons and bodies concerned with the protection of human rights:
(h) to inquire generally into any matter, including any enactment or law, or any practice, or any procedure, whether governmental or non-governmental, if it appears to the Commission that the matter involves, or may involve, the infringement of human rights:
(i) to appear in or bring proceedings, in accordance with section 6 or section 92B or section 92E or section 92H or section 97:
(j) to apply to a court or tribunal, under rules of court or regulations specifying the tribunal’s procedure, to be appointed as intervener or as counsel assisting the court or tribunal, or to take part in proceedings before the court or tribunal in another way permitted by those rules or regulations, if, in the Commission’s opinion, taking part in the proceedings in that way will facilitate the performance of its functions stated in paragraph (a):
(k) to report to the Prime Minister on—
(i) any matter affecting human rights, including the desirability of legislative, administrative, or other action to give better protection to human rights and to ensure better compliance with standards laid down in international instruments on human rights:
(ii) the desirability of New Zealand becoming bound by any international instrument on human rights:
(iii) the implications of any proposed legislation (including subordinate legislation) or proposed policy of the Government that the Commission considers may affect human rights:
(l) to make public statements in relation to any group of persons in, or who may be coming to, New Zealand who are or may be subject to hostility, or who have been or may be brought into contempt, on the basis that that group consists of persons against whom discrimination is unlawful under this Act:
(m) to develop a national plan of action, in consultation with interested parties, for the promotion and protection of human rights in New Zealand:
(n)[Repealed]
(o) to exercise or perform any other functions, powers, and duties conferred or imposed on it by or under this Act or any other enactment.
(3) The Commission may, in the public interest or in the interests of a person, department, or organisation, publish reports relating generally to the exercise of its functions under this Act or to a particular inquiry by it under this Act, whether or not the matters to be dealt with in a report of that kind have been the subject of a report to the Minister or the Prime Minister. (Human Rights Act 1993, Sec. 5)

Indigenous Peoples

HER MAJESTY VICTORIA Queen of the United Kingdom of Great Britain and Ireland regarding with Her Royal Favour the Native Chiefs and Tribes of New Zealand and anxious to protect their just Rights and Property and to secure to them the enjoyment of Peace and Good Order has deemed it necessary in consequence of the great number of Her Majesty's Subjects who have already settled in New Zealand and the rapid extension of Emigration both from Europe and Australia which is still in progress to constitute and appoint a functionary properly authorized to treat with the Aborigines of New Zealand for the recognition of Her Majesty's Sovereign authority over the whole or any part of those islands … (Treaty of Waitangi, Preamble)

Indigenous Peoples

Her Majesty the Queen of England confirms and guarantees to the Chiefs and Tribes of New Zealand and to the respective families and individuals thereof the full exclusive and undisturbed possession of their Lands and Estates Forests Fisheries and other properties which they may collectively or individually possess so long as it is their wish and desire to retain the same in their possession; but the Chiefs of the United Tribes and the individual Chiefs yield to Her Majesty the exclusive right of Preemption over such lands as the proprietors thereof may be disposed to alienate at such prices as may be agreed upon between the respective Proprietors and persons appointed by Her Majesty to treat with them in that behalf. (Treaty of Waitangi, Article the Second)

Indigenous Peoples

In consideration thereof Her Majesty the Queen of England extends to the Natives of New Zealand Her royal protection and imparts to them all the Rights and Privileges of British Subjects. (Treaty of Waitangi, Article the Third)

Limitations and/or Derogations

Subject to section 4, the rights and freedoms contained in this Bill of Rights may be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. (Bill of Rights Act 1990, Sec. 5)

Limitations and/or Derogations

An existing right or freedom shall not be held to be abrogated or restricted by reason only that the right or freedom is not included in this Bill of Rights or is included only in part. (Bill of Rights Act 1990, Sec. 28)

Marriage and Family Life

(1) Anything done or omitted which would otherwise constitute a breach of any of the provisions of this Part7 shall not constitute such a breach if—
(a) it is done or omitted in good faith for the purpose of assisting or advancing persons or groups of persons, being in each case persons against whom discrimination is unlawful by virtue of this Part; and
(b) those persons or groups need or may reasonably be supposed to need assistance or advancement in order to achieve an equal place with other members of the community.
(2) Nothing in this Part—
(a) limits the power of the Crown to establish or arrange work or training schemes or employment assistance measures, eligibility for which may, in whole or in part, be determined by a person’s age, employment status, or family status; or
(b) makes it unlawful for any person to recruit or refer any other person who is of a particular age or of a particular employment status or of a particular family status for any work or training scheme or employment assistance measure that is established or arranged by the Crown, the eligibility for which may, in whole or in part, be determined by a person’s age, employment status, or family status. (Human Rights Act 1993, Sec. 73)

Marriage and Family Life

For the avoidance of doubt it is hereby declared that preferential treatment granted by reason of—
(a) a woman’s pregnancy or childbirth; or
(b) a person’s responsibility for part-time care or full-time care of children or other dependants—
shall not constitute a breach of this Part. (Human Rights Act 1993, Sec. 74)

Minorities

A person who belongs to an ethnic, religious, or linguistic minority in New Zealand shall not be denied the right, in community with other members of that minority, to enjoy the culture, to profess and practise the religion, or to use the language, of that minority. (Bill of Rights Act 1990, Sec. 20)

Participation in Public Life and Institutions

(1) Nothing in section 22 shall apply to any restrictions on the employment of any person on work involving the national security of New Zealand—
(a) by reference to his or her—
(i) religious or ethical belief; or
(ii) political opinion; or
(iii) disability, within the meaning of section 21(1)(h)(iii) or section 21(1)(h)(iv); or
(iv) family status, within the meaning of section 21(1)(l)(iii) or section 21(1)(l)(iv); or
(v) national origin; or
(b) by reference to the national origin of any relative of that person.
… (Human Rights Act 1993, Sec. 25)

Political Rights and Association

Every New Zealand citizen who is of or over the age of 18 years—
(a) has the right to vote in genuine periodic elections of members of the House of Representatives, which elections shall be by equal suffrage and by secret ballot;
… (Bill of Rights Act 1990, Sec. 12)

Political Rights and Association

Everyone has the right to freedom of association. (Bill of Rights Act 1990, Sec. 17)

Electoral Bodies

The objective of the Electoral Commission is to administer the electoral system impartially, efficiently, effectively, and in a way that—
(a) facilitates participation in parliamentary democracy; and
(b) promotes understanding of the electoral system and associated matters; and
(c) maintains confidence in the administration of the electoral system. (Electoral Act 1993, Sec. 4C)

Head of State

(1) The Sovereign in right of New Zealand is the head of State of New Zealand, and shall be known by the royal style and titles proclaimed from time to time.
(2) The Governor-General appointed by the Sovereign is the Sovereign's representative in New Zealand. (Constitution Act 1986, Sec. 2)

Government

(1)A person may be appointed and may hold office as a member of the Executive Council or as a Minister of the Crown only if that person is a member of Parliament.
… (Constitution Act 1986, Sec. 6)

Legislature

(1) There shall continue to be a House of Representatives for New Zealand.

(4) The House of Representatives shall have as its members those persons who are elected from time to time in accordance with the provisions of the Electoral Act 1993, and who shall be known as members of Parliament. (Constitution Act 1986, Sec. 10)

Legislature

(1) There shall be a Parliament of New Zealand, which shall consist of the Sovereign in right of New Zealand and the House of Representatives.
… (Constitution Act 1986, Sec. 14)

Legislature

Every New Zealand citizen who is of or over the age of 18 years—

(b) is qualified for membership of the House of Representatives. (Bill of Rights Act 1990, Sec. 12)

Legislature

(1) Subject to the provisions of this Act, every person who is registered as an elector of an electoral district, but no other person, is qualified to be a candidate and to be elected a member of Parliament, whether for that electoral district, any other electoral district or as a consequence of the inclusion of that person’s name in a party list submitted pursuant to section 127.
(2) Notwithstanding anything in subsection (1), if a person is disqualified for registration as an elector, that person shall not be qualified to be a candidate or to be elected. (3)Regardless of anything in subsection (1), a person is not qualified to be a candidate or to be elected unless he or she is a New Zealand citizen. (Electoral Act 1993, Sec. 47)

Property, Inheritance and Land Tenure

Her Majesty the Queen of England confirms and guarantees to the Chiefs and Tribes of New Zealand and to the respective families and individuals thereof the full exclusive and undisturbed possession of their Lands and Estates Forests Fisheries and other properties which they may collectively or individually possess so long as it is their wish and desire to retain the same in their possession; but the Chiefs of the United Tribes and the individual Chiefs yield to Her Majesty the exclusive right of Preemption over such lands as the proprietors thereof may be disposed to alienate at such prices as may be agreed upon between the respective Proprietors and persons appointed by Her Majesty to treat with them in that behalf. (Treaty of Waitangi, Article the Second)

Protection from Violence

Everyone has the right not to be subjected to torture or to cruel, degrading, or disproportionately severe treatment or punishment. (Bill of Rights Act 1990, Sec. 9)

Protection from Violence

Every person has the right not to be subjected to medical or scientific experimentation without that person's consent. (Bill of Rights Act 1990, Sec. 10)

Protection from Violence

Nothing in section 57 shall prevent the holding or provision, at any educational establishment, of courses or counselling restricted to persons of a particular sex, race, ethnic or national origin, or sexual orientation, where highly personal matters, such as sexual matters or the prevention of violence, are involved. (Human Rights Act 1993, Sec. 59)

Protection from Violence

(1) It shall be unlawful for any person—
(a) to publish or distribute written matter which is threatening, abusive, or insulting, or to broadcast by means of radio or television or other electronic communication words which are threatening, abusive, or insulting; or
(b) to use in any public place as defined in section 2(1) of the Summary Offences Act 1981, or within the hearing of persons in any such public place, or at any meeting to which the public are invited or have access, words which are threatening, abusive, or insulting; or
(c) to use in any place words which are threatening, abusive, or insulting if the person using the words knew or ought to have known that the words were reasonably likely to be published in a newspaper, magazine, or periodical or broadcast by means of radio or television,—
being matter or words likely to excite hostility against or bring into contempt any group of persons in or who may be coming to New Zealand on the ground of the colour, race, or ethnic or national origins of that group of persons.
… (Human Rights Act 1993, Sec. 61)

Protection from Violence

(1) It shall be unlawful for any person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (3)) to make a request of any other person for sexual intercourse, sexual contact, or other form of sexual activity which contains an implied or overt promise of preferential treatment or an implied or overt threat of detrimental treatment.
(2) It shall be unlawful for any person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (3)) by the use of language (whether written or spoken) of a sexual nature, or of visual material of a sexual nature, or by physical behaviour of a sexual nature, to subject any other person to behaviour that—
(a) is unwelcome or offensive to that person (whether or not that is conveyed to the first-mentioned person); and
(b) is either repeated, or of such a significant nature, that it has a detrimental effect on that person in respect of any of the areas to which this subsection is applied by subsection (3).
(3) The areas to which subsections (1) and (2) apply are—

(j) education.
(4) Where a person complains of sexual harassment, no account shall be taken of any evidence of the person’s sexual experience or reputation. (Human Rights Act 1993, Sec. 62)

Public Institutions and Services

The Equal Employment Opportunities Commissioner has the following functions:
(a) to lead discussions of the Commission about equal employment opportunities (including pay equity): (b) to provide advice and leadership on equal employment opportunities arising in the course of activities undertaken in the performance of the Commission’s functions, both when engaging in those activities and otherwise when consulted:
(c) to evaluate, through the use of benchmarks developed by the Commissioner, the role that legislation, guidelines, and voluntary codes of practice play in facilitating and promoting best practice in equal employment opportunities:
(d) to lead development of guidelines and voluntary codes of practice to facilitate and promote best practice in equal employment opportunities (including codes that identify related rights and obligations in legislation), in accordance with section 5(2)(e):
(e) to monitor and analyse progress in improving equal employment opportunities in New Zealand, and to report to the Minister on the results of that monitoring and analysis:
(f) to liaise with, and complement the work of, any trust or body that has as one of its purposes the promotion of equal employment opportunities (including pay equity):
(g) to ensure, acting jointly with the Chief Commissioner, that activities undertaken in the performance of the Commission’s functions in matters of equal employment opportunities are consistent with the strategic direction and other determinations of the Commission under section 7:
(h) any other functions, powers, or duties conferred or imposed on him or her by or under this Act or any other enactment. (Human Rights Act 1993, Sec. 17)

Sexual Orientation and Gender Identity

(1) For the purposes of this Act, the prohibited grounds of discrimination are—
...
(m) sexual orientation, which means a heterosexual, homosexual, lesbian, or bisexual orientation.
(2) Each of the grounds specified in subsection (1) is a prohibited ground of discrimination, for the purposes of this Act, if—
(a )it pertains to a person or to a relative or associate of a person; and
(b) it either—
(i) currently exists or has in the past existed; or
(ii) is suspected or assumed or believed to exist or to have existed by the person alleged to have discriminated. (Human Rights Act 1993, Sec. 21)

Sexual Orientation and Gender Identity

(1) Where an applicant for employment or an employee is qualified for work of any description, it shall be unlawful for an employer, or any person acting or purporting to act on behalf of an employer,—
(a) to refuse or omit to employ the applicant on work of that description which is available; or
(b) to offer or afford the applicant or the employee less favourable terms of employment, conditions of work, superannuation or other fringe benefits, and opportunities for training, promotion, and transfer than are made available to applicants or employees of the same or substantially similar capabilities employed in the same or substantially similar circumstances on work of that description; or
(c) to terminate the employment of the employee, or subject the employee to any detriment, in circumstances in which the employment of other employees employed on
work of that description would not be terminated, or in which other employees employed on work of that description would not be subjected to such detriment; or
(d) to retire the employee, or to require or cause the employee to retire or resign, —
by reason of any of the prohibited grounds of discrimination.
(2) It shall be unlawful for any person concerned with procuring employment for other persons or procuring employees for any employer to treat any person seeking employment differently from other persons in the same or substantially similar circumstances by reason of any of the prohibited grounds of discrimination. (Human Rights Act 1993, Sec. 22)

Sexual Orientation and Gender Identity

(2) Nothing in section 22 shall prevent different treatment based on sex, religious or ethical belief, disability, age, political opinion, or sexual orientation where the position is one of domestic employment in a private household.
… (Human Rights Act 1993, Sec. 27)

Sexual Orientation and Gender Identity

Nothing in section 57 shall prevent the holding or provision, at any educational establishment, of courses or counselling restricted to persons of a particular sex, race, ethnic or national origin, or sexual orientation, where highly personal matters, such as sexual matters or the prevention of violence, are involved. (Human Rights Act 1993, Sec. 59)

Status of the Constitution

(1) As from the commencement of this Act the following enactments of the Parliament of the United Kingdom, namely,—
(a) the New Zealand Constitution Act 1852 (15 and 16 Vict, c 72); and
(b) the Statute of Westminster 1931 (22 Geo V, c 4); and
(c) the New Zealand Constitution (Amendment) Act 1947 (11 Geo VI, c 4),—
shall cease to have effect as part of the law of New Zealand.
… (Constitution Act 1986, Sec. 26)

Status of the Constitution

No court shall, in relation to any enactment (whether passed or made before or after the commencement of this Bill of Rights),—
(a) hold any provision of the enactment to be impliedly repealed or revoked, or to be in any way invalid or ineffective; or
(b) decline to apply any provision of the enactment—
by reason only that the provision is inconsistent with any provision of this Bill of Rights. (Bill of Rights Act 1990, Sec. 4)

Status of the Constitution

This Act shall bind the Crown. (Human Rights Act 1993, Sec. 3)

Status of International Law

(1) The primary functions of the [Human Rights] Commission are—
(a) to advocate and promote respect for, and an understanding and appreciation of, human rights in New Zealand society;

(2) The Commission has, in order to carry out its primary functions under subsection (1), the following functions:

d) to promote by research, education, and discussion a better understanding of the human rights dimensions of the Treaty of Waitangi and their relationship with domestic and international human rights law:

(k) to report to the Prime Minister on—
(i) any matter affecting human rights, including the desirability of legislative, administrative, or other action to give better protection to human rights and to ensure better compliance with standards laid down in international instruments on human rights:
(ii) the desirability of New Zealand becoming bound by any international instrument on human rights:
… (Human Rights Act 1993, Sec. 5)

Affirmative Action (Broadly)

English

(1) Anything done or omitted which would otherwise constitute a breach of any of the provisions of this Part2 shall not constitute such a breach if—
(a) it is done or omitted in good faith for the purpose of assisting or advancing persons or groups of persons, being in each case persons against whom discrimination is unlawful by virtue of this Part; and
(b) those persons or groups need or may reasonably be supposed to need assistance or advancement in order to achieve an equal place with other members of the community.
(2) Nothing in this Part—
(a) limits the power of the Crown to establish or arrange work or training schemes or employment assistance measures, eligibility for which may, in whole or in part, be determined by a person's age, employment status, or family status; or
(b) makes it unlawful for any person to recruit or refer any other person who is of a particular age or of a particular employment status or of a particular family status for any work or training scheme or employment assistance measure that is established or arranged by the Crown, the eligibility for which may, in whole or in part, be determined by a person's age, employment status, or family status. (Human Rights Act 1993, Sec. 73)

Affirmative Action (Broadly)

English

For the avoidance of doubt it is hereby declared that preferential treatment granted by reason of—
(a) a woman’s pregnancy or childbirth; or
(b) a person’s responsibility for part-time care or full-time care of children or other dependants—
shall not constitute a breach of this Part. (Human Rights Act 1993, Sec. 74)

Education

English

(1) It shall be unlawful for an educational establishment, or the authority responsible for the control of an educational establishment, or any person concerned in the management of an educational establishment or in teaching at an educational establishment,—
(a) to refuse or fail to admit a person as a pupil or student; or
(b) to admit a person as a pupil or a student on less favourable terms and conditions than would otherwise be made available; or
(c) to deny or restrict access to any benefits or services provided by the establishment; or
(d) to exclude a person as a pupil or a student or subject him or her to any other detriment,—
by reason of any of the prohibited grounds of discrimination.
(2) In this section educational establishment includes an establishment offering any form of training or instruction and an educational establishment under the control of an organisation or association referred to in section 40. (Human Rights Act 1993, Sec. 57)

Education

English

(1) 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.
… (Human Rights Act 1993, Sec. 58)

Education

English

Nothing in section 57 shall prevent the holding or provision, at any educational establishment, of courses or counselling restricted to persons of a particular sex, race, ethnic or national origin, or sexual orientation, where highly personal matters, such as sexual matters or the prevention of violence, are involved. (Human Rights Act 1993, Sec. 59)

Education

English

(1) It shall be unlawful for any person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (3)) to make a request of any other person for sexual intercourse, sexual contact, or other form of sexual activity which contains an implied or overt promise of preferential treatment or an implied or overt threat of detrimental treatment.
(2) It shall be unlawful for any person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (3)) by the use of language (whether written or spoken) of a sexual nature, or of visual material of a sexual nature, or by physical behaviour of a sexual nature, to subject any other person to behaviour that—
(a) is unwelcome or offensive to that person (whether or not that is conveyed to the first-mentioned person); and
(b) is either repeated, or of such a significant nature, that it has a detrimental effect on that person in respect of any of the areas to which this subsection is applied by subsection (3).
(3) The areas to which subsections (1) and (2) apply are—

(j) education.
(4) Where a person complains of sexual harassment, no account shall be taken of any evidence of the person’s sexual experience or reputation. (Human Rights Act 1993, Sec. 62)

Employment Rights and Protection

English

(1) Where an applicant for employment or an employee is qualified for work of any description, it shall be unlawful for an employer, or any person acting or purporting to act on behalf of an employer,—
(a) to refuse or omit to employ the applicant on work of that description which is available; or
(b) to offer or afford the applicant or the employee less favourable terms of employment, conditions of work, superannuation or other fringe benefits, and opportunities for training, promotion, and transfer than are made available to applicants or employees of the same or substantially similar capabilities employed in the same or substantially similar circumstances on work of that description; or
(c) to terminate the employment of the employee, or subject the employee to any detriment, in circumstances in which the employment of other employees employed on work of that description would not be terminated, or in which other employees employed on work of that description would not be subjected to such detriment; or
(d) to retire the employee, or to require or cause the employee to retire or resign, —
by reason of any of the prohibited grounds of discrimination.
(2) It shall be unlawful for any person concerned with procuring employment for other persons or procuring employees for any employer to treat any person seeking employment differently from other persons in the same or substantially similar circumstances by reason of any of the prohibited grounds of discrimination. (Human Rights Act 1993, Sec. 22)

Employment Rights and Protection

English

(1) Nothing in section 22 shall prevent different treatment based on sex or age where, for reasons of authenticity, being of a particular sex or age is a genuine occupational qualification for the position or employment.
(2) Nothing in section 22 shall prevent different treatment based on sex, religious or ethical belief, disability, age, political opinion, or sexual orientation where the position is one of domestic employment in a private household.
(3) Nothing in section 22 shall prevent different treatment based on sex where—
(a) the position needs to be held by one sex to preserve reasonable standards of privacy; or
(b) the nature or location of the employment makes it impracticable for the employee to live elsewhere than in premises provided by the employer, and—
(i) the only premises available (being premises in which more than 1 employee is required to sleep) are not equipped with separate sleeping accommodation for each sex; and
(ii) it is not reasonable to expect the employer to equip those premises with separate accommodation, or to provide separate premises, for each sex.
(4) Nothing in section 22 shall prevent different treatment based on sex, race, ethnic or national origins, or sexual orientation where the position is that of a counsellor on highly personal matters such as sexual matters or the prevention of violence.
(5) Where, as a term or condition of employment, a position ordinarily obliges or qualifies the holder of that position to live in premises provided by the employer, the employer does not commit a breach of section 22 by omitting to apply that term or condition in respect of employees of a particular sex or marital status if in all the circumstances it is not reasonably practicable for the employer to do so. (Human Rights Act 1993, Sec. 27)

Employment Rights and Protection

English

Nothing in section 22 shall prevent restrictions imposed by an employer—
(a) on the employment of any person who is married to, or in a civil union or in a de facto relationship with, or who is a relative of, another employee if—
(i) there would be a reporting relationship between them; or
(ii) there is a risk of collusion between them to the detriment of the employer; or
(b) on the employment of any person who is married to, or in a civil union or in a de facto relationship with, or who is a relative of, an employee of another employer if there is a risk of collusion between them to the detriment of that person’s employer. (Human Rights Act 1993, Sec. 32)

Employment Rights and Protection

English

(1) It shall be unlawful for any person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (3)) to make a request of any other person for sexual intercourse, sexual contact, or other form of sexual activity which contains an implied or overt promise of preferential treatment or an implied or overt threat of detrimental treatment.
(2) It shall be unlawful for any person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (3)) by the use of language (whether written or spoken) of a sexual nature, or of visual material of a sexual nature, or by physical behaviour of a sexual nature, to subject any other person to behaviour that—
(a) is unwelcome or offensive to that person (whether or not that is conveyed to the first-mentioned person); and
(b) is either repeated, or of such a significant nature, that it has a detrimental effect on that person in respect of any of the areas to which this subsection is applied by subsection (3).
(3) The areas to which subsections (1) and (2) apply are—
(a) the making of an application for employment:
(b) employment, which term includes unpaid work:
(c) participation in, or the making of an application for participation in a partnership:
(d) membership, or the making of an application for membership, of an industrial union or professional or trade association:
(e) access to any approval, authorisation, or qualification:
(f) vocational training, or the making of an application for vocational training:

(4) Where a person complains of sexual harassment, no account shall be taken of any evidence of the person’s sexual experience or reputation. (Human Rights Act 1993, Sec. 62)

Employment Rights and Protection

English

(1) Where—
(a) a request of the kind described in section 62(1) is made to an employee; or
(b) an employee is subjected to behaviour of the kind described in section 62(2) or section 63—
by a person who is a customer or a client of the employee's employer, the employee may make a complaint in writing about that request or behaviour to the employee's employer.
(2) The employer, on receiving a complaint under subsection (1),—
(a) shall inquire into the facts; and
(b) if satisfied that such a request was made or that such behaviour took place,—
shall take whatever steps are practicable to prevent any repetition of such a request or of such behaviour.
(3) Where any person, being a person in relation to whom an employee has made a complaint under subsection (1),—
(a) either—
(i) makes to that employee after the complaint a request of the kind described in section 62(1); or
(ii) subjects that employee after the complaint to behaviour of the kind described in section 62(2) or section 63; and
(b) the employer of that employee has not taken whatever steps are practicable to prevent the repetition of such a request or such behaviour,—
that employer shall be deemed to have committed a breach of this Act and the provisions of this Act shall apply accordingly. (Human Rights Act 1993, Sec. 69)3

Employment Rights and Protection

English

(1) Anything done or omitted which would otherwise constitute a breach of any of the provisions of this Part4 shall not constitute such a breach if—
(a) it is done or omitted in good faith for the purpose of assisting or advancing persons or groups of persons, being in each case persons against whom discrimination is unlawful by virtue of this Part; and
(b) those persons or groups need or may reasonably be supposed to need assistance or advancement in order to achieve an equal place with other members of the community.
(2) Nothing in this Part—
(a) limits the power of the Crown to establish or arrange work or training schemes or employment assistance measures, eligibility for which may, in whole or in part, be determined by a person’s age, employment status, or family status; or
(b) makes it unlawful for any person to recruit or refer any other person who is of a particular age or of a particular employment status or of a particular family status for any work or training scheme or employment assistance measure that is established or arranged by the Crown, the eligibility for which may, in whole or in part, be determined by a person’s age, employment status, or family status. (Human Rights Act 1993, Sec. 73)

Employment Rights and Protection

English

For the avoidance of doubt it is hereby declared that preferential treatment granted by reason of—
(a) a woman’s pregnancy or childbirth; or
(b) a person’s responsibility for part-time care or full-time care of children or other dependants—
shall not constitute a breach of this Part. (Human Rights Act 1993, Sec. 74)

Equality and Non-Discrimination

English

(1) Everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993.
(2) Measures taken in good faith for the purpose of assisting or advancing persons or groups of persons disadvantaged because of discrimination that is unlawful by virtue of Part 2 of the Human Rights Act 1993 do not constitute discrimination. (Bill of Rights Act 1990, Sec. 19)

Equality and Non-Discrimination

English

The purpose of this Part is to provide that, in general, an act or omission that is inconsistent with the right to freedom from discrimination affirmed by section 19 of the New Zealand Bill of Rights Act 1990 is in breach of this Part if the act or omission is that of a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990.5 (Human Rights Act 1993, Sec. 20I)

Equality and Non-Discrimination

English

(1) An act or omission in relation to which this Part applies (including an enactment) is in breach of this Part if it is inconsistent with section 19 of the New Zealand Bill of Rights Act 1990.
(2) For the purposes of subsection (1), an act or omission is inconsistent with section 19 of the New Zealand Bill of Rights Act 1990 if the act or omission—
(a) limits the right to freedom from discrimination affirmed by that section; and
(b) is not, under section 5 of the New Zealand Bill of Rights Act 1990, a justified limitation on that right.
(3) To avoid doubt, subsections (1) and (2) apply in relation to an act or omission even if it is authorised or required by an enactment. (Human Rights Act 1993, Sec. 20L)

Equality and Non-Discrimination

English

(1) For the purposes of this Act, the prohibited grounds of discrimination are—
(a) sex, which includes pregnancy and childbirth:
(b) marital status, which means being—
(i) single; or
(ii) married, in a civil union, or in a de facto relationship; or
(iii) the surviving spouse of a marriage or the surviving partner of a civil union or de facto relationship; or
(iv) separated from a spouse or civil union partner; or
(v) a party to a marriage or civil union that is now dissolved, or to a de facto relationship that is now ended: (c) religious belief:
(d) ethical belief, which means the lack of a religious belief, whether in respect of a particular religion or religions or all religions:
(e) colour:
(f) race:
(g) ethnic or national origins, which includes nationality or citizenship:
(h) disability, which means—
(i) physical disability or impairment:
(ii) physical illness:
(iii) psychiatric illness:
(iv) intellectual or psychological disability or impairment:
(v) any other loss or abnormality of psychological, physiological, or anatomical structure or function:
(vi) reliance on a guide dog, wheelchair, or other remedial means:
(vii) the presence in the body of organisms capable of causing illness:
(i) age, which means,—
(i) for the purposes of sections 22 to 41 and section 70 and in relation to any different treatment based on age that occurs in the period beginning with 1 February 1994 and ending with the close of 31 January 1999, any age commencing with the age of 16 years and ending with the date on which persons of the age of the person whose age is in issue qualify for national superannuation under section 7 of the New Zealand Superannuation and Retirement Income Act 2001 (irrespective of whether or not the particular person qualifies for national superannuation at that age or any other age):
(ii) for the purposes of sections 22 to 41 and section 70 and in relation to any different treatment based on age that occurs on or after 1 February 1999, any age commencing with the age of 16 years:
(iii) for the purposes of any other provision of Part 2, any age commencing with the age of 16 years:
(j) political opinion, which includes the lack of a particular political opinion or any political opinion:
(k) employment status, which means—
(i) being unemployed; or
(ii) being a recipient of a benefit under the Social Security Act 1964 or an entitlement under the Accident Compensation Act 2001:
(l) family status, which means—
(i) having the responsibility for part-time care or full-time care of children or other dependants; or
(ii) having no responsibility for the care of children or other dependants; or
(iii) being married to, or being in a civil union or de facto relationship with, a particular person; or
(iv) being a relative of a particular person:
(m) sexual orientation, which means a heterosexual, homosexual, lesbian, or bisexual orientation.
(2) Each of the grounds specified in subsection (1) is a prohibited ground of discrimination, for the purposes of this Act, if—
(a) it pertains to a person or to a relative or associate of a person; and
(b) it either—
(i) currently exists or has in the past existed; or
(ii) is suspected or assumed or believed to exist or to have existed by the person alleged to have discriminated. (Human Rights Act 1993, Sec. 21)

Equality and Non-Discrimination

English

(1)The only provisions of this Part that apply to an act or omission of a person or body described in subsection (2) are—
(a)sections 21 to 35 (which relate to discrimination in employment matters), 61 to 64 (which relate to racial disharmony, and social and racial harassment) and 66 (which relates to victimisation);
(b)sections 65 and 67 to 74, but only to the extent that those sections relate to conduct that is unlawful under any of the provisions referred to in paragraph (a).
(2)The persons and bodies referred to in subsection (1) are the ones referred to in section 3 of the New Zealand Bill of Rights Act 1990, namely—
(a)the legislative, executive, and judicial branches of the Government of New Zealand; and
(b)every person or body in the performance of any public function, power, or duty conferred or imposed on that person or body by or pursuant to law. (Human Rights Act 1993, Sec. 21A)

Equality and Non-Discrimination

English

(1) It shall be unlawful for any person who supplies goods, facilities, or services to the public or to any section of the public—
(a) to refuse or fail on demand to provide any other person with those goods, facilities, or services; or
(b) to treat any other person less favourably in connection with the provision of those goods, facilities, or services than would otherwise be the case,—
by reason of any of the prohibited grounds of discrimination.
… (Human Rights Act 1993, Sec. 44)

Equality and Non-Discrimination

English

Where the nature of a skill varies according to whether it is exercised in relation to men or women, a person does not commit a breach of section 44 by exercising the skill in relation to one sex only, in accordance with that person’s normal practice. (Human Rights Act 1993, Sec. 47)

Equality and Non-Discrimination

English

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. (Human Rights Act 1993, Sec. 65)

Equality and Non-Discrimination

English

(1)Anything done or omitted which would otherwise constitute a breach of any of the provisions of this Part6shall not constitute such a breach if—
(a)it is done or omitted in good faith for the purpose of assisting or advancing persons or groups of persons, being in each case persons against whom discrimination is unlawful by virtue of this Part; and
(b)those persons or groups need or may reasonably be supposed to need assistance or advancement in order to achieve an equal place with other members of the community.
… (Human Rights Act 1993, Sec. 73)

Obligations of the State

English

This Bill of Rights applies only to acts done—
(a) by the legislative, executive, or judicial branches of the Government of New Zealand; or
(b) by any person or body in the performance of any public function, power, or duty conferred or imposed on that person or body by or pursuant to law. (Bill of Rights Act 1990, Sec. 3)

Obligations of the State

English

Wherever an enactment can be given a meaning that is consistent with the rights and freedoms contained in this Bill of Rights, that meaning shall be preferred to any other meaning. (Bill of Rights Act 1990, Sec. 6)

Obligations of the State

English

Where any Bill is introduced into the House of Representatives, the Attorney-General shall,—
(a)in the case of a Government Bill, on the introduction of that Bill; or
(b)in any other case, as soon as practicable after the introduction of the Bill,—
bring to the attention of the House of Representatives any provision in the Bill that appears to be inconsistent with any of the rights and freedoms contained in this Bill of Rights. (Bill of Rights Act 1990, Sec. 7)

Obligations of the State

English

An existing right or freedom shall not be held to be abrogated or restricted by reason only that the right or freedom is not included in this Bill of Rights or is included only in part. (Bill of Rights Act 1990, Sec. 28)

Judicial Protection

English

This Bill of Rights applies only to acts done—
(a) by the legislative, executive, or judicial branches of the Government of New Zealand;
… (Bill of Rights Act 1990, Sec. 3)

Judicial Protection

English

No court shall, in relation to any enactment (whether passed or made before or after the commencement of this Bill of Rights),—
(a) hold any provision of the enactment to be impliedly repealed or revoked, or to be in any way invalid or ineffective; or
(b) decline to apply any provision of the enactment—
by reason only that the provision is inconsistent with any provision of this Bill of Rights. (Bill of Rights Act 1990, Sec. 4)

Judicial Protection

English

(1)Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person's rights, obligations, or interests protected or recognised by law.
(2)Every person whose rights, obligations, or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination.
… (Bill of Rights Act 1990, Sec. 27)

Judicial Protection

English

The Tribunal constituted by section 45 of the Human Rights Commission Act 1977 and, immediately before 1 January 2002 (being the date of the commencement of the Human Rights Amendment Act 2001), known as the Complaints Review Tribunal shall continue in being, and, on and after 1 January 2002, is called the Human Rights Review Tribunal. (Human Rights Act 1993, Sec. 93)

Judicial Protection

English

The functions of the Tribunal shall be—
(a) to consider and adjudicate upon proceedings brought pursuant to sections 92B, 92E, 95, and 97:
(b) to exercise and perform such other functions, powers, and duties as are conferred or imposed on it by or under this Act or any other enactment. (Human Rights Act 1993. Sec. 94)

National Human Rights Bodies

English

(1)There shall continue to be a Human Rights Commission, which shall be the same body as the Human Rights Commission established under section 4 of the Human Rights Commission Act 1977.
… (Human Rights Act 1993, Sec. 4)

National Human Rights Bodies

English

(1) The primary functions of the Commission are—
(a) to advocate and promote respect for, and an understanding and appreciation of, human rights in New Zealand society; and
(b) to encourage the maintenance and development of harmonious relations between individuals and among the diverse groups in New Zealand society.
(2) The Commission has, in order to carry out its primary functions under subsection (1), the following functions:
(a) to be an advocate for human rights and to promote and protect, by education and publicity, respect for, and observance of, human rights:
(b) to encourage and co-ordinate programmes and activities in the field of human rights:
(c) to make public statements in relation to any matter affecting human rights, including statements promoting an understanding of, and compliance with, this Act or the New Zealand Bill of Rights Act 1990 (for example, statements promoting understanding of measures to ensure equality, of indirect discrimination, or of institutions and procedures under this Act for dealing with complaints of unlawful discrimination):
(d) to promote by research, education, and discussion a better understanding of the human rights dimensions of the Treaty of Waitangi and their relationship with domestic and international human rights law:
(e) to prepare and publish, as the Commission considers appropriate, guidelines and voluntary codes of practice for the avoidance of acts or practices that may be inconsistent with, or contrary to, this Act:
(f) to receive and invite representations from members of the public on any matter affecting human rights:
(g) to consult and co-operate with other persons and bodies concerned with the protection of human rights:
(h) to inquire generally into any matter, including any enactment or law, or any practice, or any procedure, whether governmental or non-governmental, if it appears to the Commission that the matter involves, or may involve, the infringement of human rights:
(i) to appear in or bring proceedings, in accordance with section 6 or section 92B or section 92E or section 92H or section 97:
(j) to apply to a court or tribunal, under rules of court or regulations specifying the tribunal’s procedure, to be appointed as intervener or as counsel assisting the court or tribunal, or to take part in proceedings before the court or tribunal in another way permitted by those rules or regulations, if, in the Commission’s opinion, taking part in the proceedings in that way will facilitate the performance of its functions stated in paragraph (a):
(k) to report to the Prime Minister on—
(i) any matter affecting human rights, including the desirability of legislative, administrative, or other action to give better protection to human rights and to ensure better compliance with standards laid down in international instruments on human rights:
(ii) the desirability of New Zealand becoming bound by any international instrument on human rights:
(iii) the implications of any proposed legislation (including subordinate legislation) or proposed policy of the Government that the Commission considers may affect human rights:
(l) to make public statements in relation to any group of persons in, or who may be coming to, New Zealand who are or may be subject to hostility, or who have been or may be brought into contempt, on the basis that that group consists of persons against whom discrimination is unlawful under this Act:
(m) to develop a national plan of action, in consultation with interested parties, for the promotion and protection of human rights in New Zealand:
(n)[Repealed]
(o) to exercise or perform any other functions, powers, and duties conferred or imposed on it by or under this Act or any other enactment.
(3) The Commission may, in the public interest or in the interests of a person, department, or organisation, publish reports relating generally to the exercise of its functions under this Act or to a particular inquiry by it under this Act, whether or not the matters to be dealt with in a report of that kind have been the subject of a report to the Minister or the Prime Minister. (Human Rights Act 1993, Sec. 5)

Indigenous Peoples

English

HER MAJESTY VICTORIA Queen of the United Kingdom of Great Britain and Ireland regarding with Her Royal Favour the Native Chiefs and Tribes of New Zealand and anxious to protect their just Rights and Property and to secure to them the enjoyment of Peace and Good Order has deemed it necessary in consequence of the great number of Her Majesty's Subjects who have already settled in New Zealand and the rapid extension of Emigration both from Europe and Australia which is still in progress to constitute and appoint a functionary properly authorized to treat with the Aborigines of New Zealand for the recognition of Her Majesty's Sovereign authority over the whole or any part of those islands … (Treaty of Waitangi, Preamble)

Indigenous Peoples

English

Her Majesty the Queen of England confirms and guarantees to the Chiefs and Tribes of New Zealand and to the respective families and individuals thereof the full exclusive and undisturbed possession of their Lands and Estates Forests Fisheries and other properties which they may collectively or individually possess so long as it is their wish and desire to retain the same in their possession; but the Chiefs of the United Tribes and the individual Chiefs yield to Her Majesty the exclusive right of Preemption over such lands as the proprietors thereof may be disposed to alienate at such prices as may be agreed upon between the respective Proprietors and persons appointed by Her Majesty to treat with them in that behalf. (Treaty of Waitangi, Article the Second)

Indigenous Peoples

English

In consideration thereof Her Majesty the Queen of England extends to the Natives of New Zealand Her royal protection and imparts to them all the Rights and Privileges of British Subjects. (Treaty of Waitangi, Article the Third)

Limitations and/or Derogations

English

Subject to section 4, the rights and freedoms contained in this Bill of Rights may be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. (Bill of Rights Act 1990, Sec. 5)

Limitations and/or Derogations

English

An existing right or freedom shall not be held to be abrogated or restricted by reason only that the right or freedom is not included in this Bill of Rights or is included only in part. (Bill of Rights Act 1990, Sec. 28)

Marriage and Family Life

English

(1) Anything done or omitted which would otherwise constitute a breach of any of the provisions of this Part7 shall not constitute such a breach if—
(a) it is done or omitted in good faith for the purpose of assisting or advancing persons or groups of persons, being in each case persons against whom discrimination is unlawful by virtue of this Part; and
(b) those persons or groups need or may reasonably be supposed to need assistance or advancement in order to achieve an equal place with other members of the community.
(2) Nothing in this Part—
(a) limits the power of the Crown to establish or arrange work or training schemes or employment assistance measures, eligibility for which may, in whole or in part, be determined by a person’s age, employment status, or family status; or
(b) makes it unlawful for any person to recruit or refer any other person who is of a particular age or of a particular employment status or of a particular family status for any work or training scheme or employment assistance measure that is established or arranged by the Crown, the eligibility for which may, in whole or in part, be determined by a person’s age, employment status, or family status. (Human Rights Act 1993, Sec. 73)

Marriage and Family Life

English

For the avoidance of doubt it is hereby declared that preferential treatment granted by reason of—
(a) a woman’s pregnancy or childbirth; or
(b) a person’s responsibility for part-time care or full-time care of children or other dependants—
shall not constitute a breach of this Part. (Human Rights Act 1993, Sec. 74)

Minorities

English

A person who belongs to an ethnic, religious, or linguistic minority in New Zealand shall not be denied the right, in community with other members of that minority, to enjoy the culture, to profess and practise the religion, or to use the language, of that minority. (Bill of Rights Act 1990, Sec. 20)

Participation in Public Life and Institutions

English

(1) Nothing in section 22 shall apply to any restrictions on the employment of any person on work involving the national security of New Zealand—
(a) by reference to his or her—
(i) religious or ethical belief; or
(ii) political opinion; or
(iii) disability, within the meaning of section 21(1)(h)(iii) or section 21(1)(h)(iv); or
(iv) family status, within the meaning of section 21(1)(l)(iii) or section 21(1)(l)(iv); or
(v) national origin; or
(b) by reference to the national origin of any relative of that person.
… (Human Rights Act 1993, Sec. 25)

Political Rights and Association

English

Every New Zealand citizen who is of or over the age of 18 years—
(a) has the right to vote in genuine periodic elections of members of the House of Representatives, which elections shall be by equal suffrage and by secret ballot;
… (Bill of Rights Act 1990, Sec. 12)

Political Rights and Association

English

Everyone has the right to freedom of association. (Bill of Rights Act 1990, Sec. 17)

Electoral Bodies

English

The objective of the Electoral Commission is to administer the electoral system impartially, efficiently, effectively, and in a way that—
(a) facilitates participation in parliamentary democracy; and
(b) promotes understanding of the electoral system and associated matters; and
(c) maintains confidence in the administration of the electoral system. (Electoral Act 1993, Sec. 4C)

Head of State

English

(1) The Sovereign in right of New Zealand is the head of State of New Zealand, and shall be known by the royal style and titles proclaimed from time to time.
(2) The Governor-General appointed by the Sovereign is the Sovereign's representative in New Zealand. (Constitution Act 1986, Sec. 2)

Government

English

(1)A person may be appointed and may hold office as a member of the Executive Council or as a Minister of the Crown only if that person is a member of Parliament.
… (Constitution Act 1986, Sec. 6)

Legislature

English

(1) There shall continue to be a House of Representatives for New Zealand.

(4) The House of Representatives shall have as its members those persons who are elected from time to time in accordance with the provisions of the Electoral Act 1993, and who shall be known as members of Parliament. (Constitution Act 1986, Sec. 10)

Legislature

English

(1) There shall be a Parliament of New Zealand, which shall consist of the Sovereign in right of New Zealand and the House of Representatives.
… (Constitution Act 1986, Sec. 14)

Legislature

English

Every New Zealand citizen who is of or over the age of 18 years—

(b) is qualified for membership of the House of Representatives. (Bill of Rights Act 1990, Sec. 12)

Legislature

English

(1) Subject to the provisions of this Act, every person who is registered as an elector of an electoral district, but no other person, is qualified to be a candidate and to be elected a member of Parliament, whether for that electoral district, any other electoral district or as a consequence of the inclusion of that person’s name in a party list submitted pursuant to section 127.
(2) Notwithstanding anything in subsection (1), if a person is disqualified for registration as an elector, that person shall not be qualified to be a candidate or to be elected. (3)Regardless of anything in subsection (1), a person is not qualified to be a candidate or to be elected unless he or she is a New Zealand citizen. (Electoral Act 1993, Sec. 47)

Property, Inheritance and Land Tenure

English

Her Majesty the Queen of England confirms and guarantees to the Chiefs and Tribes of New Zealand and to the respective families and individuals thereof the full exclusive and undisturbed possession of their Lands and Estates Forests Fisheries and other properties which they may collectively or individually possess so long as it is their wish and desire to retain the same in their possession; but the Chiefs of the United Tribes and the individual Chiefs yield to Her Majesty the exclusive right of Preemption over such lands as the proprietors thereof may be disposed to alienate at such prices as may be agreed upon between the respective Proprietors and persons appointed by Her Majesty to treat with them in that behalf. (Treaty of Waitangi, Article the Second)

Protection from Violence

English

Everyone has the right not to be subjected to torture or to cruel, degrading, or disproportionately severe treatment or punishment. (Bill of Rights Act 1990, Sec. 9)

Protection from Violence

English

Every person has the right not to be subjected to medical or scientific experimentation without that person's consent. (Bill of Rights Act 1990, Sec. 10)

Protection from Violence

English

Nothing in section 57 shall prevent the holding or provision, at any educational establishment, of courses or counselling restricted to persons of a particular sex, race, ethnic or national origin, or sexual orientation, where highly personal matters, such as sexual matters or the prevention of violence, are involved. (Human Rights Act 1993, Sec. 59)

Protection from Violence

English

(1) It shall be unlawful for any person—
(a) to publish or distribute written matter which is threatening, abusive, or insulting, or to broadcast by means of radio or television or other electronic communication words which are threatening, abusive, or insulting; or
(b) to use in any public place as defined in section 2(1) of the Summary Offences Act 1981, or within the hearing of persons in any such public place, or at any meeting to which the public are invited or have access, words which are threatening, abusive, or insulting; or
(c) to use in any place words which are threatening, abusive, or insulting if the person using the words knew or ought to have known that the words were reasonably likely to be published in a newspaper, magazine, or periodical or broadcast by means of radio or television,—
being matter or words likely to excite hostility against or bring into contempt any group of persons in or who may be coming to New Zealand on the ground of the colour, race, or ethnic or national origins of that group of persons.
… (Human Rights Act 1993, Sec. 61)

Protection from Violence

English

(1) It shall be unlawful for any person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (3)) to make a request of any other person for sexual intercourse, sexual contact, or other form of sexual activity which contains an implied or overt promise of preferential treatment or an implied or overt threat of detrimental treatment.
(2) It shall be unlawful for any person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (3)) by the use of language (whether written or spoken) of a sexual nature, or of visual material of a sexual nature, or by physical behaviour of a sexual nature, to subject any other person to behaviour that—
(a) is unwelcome or offensive to that person (whether or not that is conveyed to the first-mentioned person); and
(b) is either repeated, or of such a significant nature, that it has a detrimental effect on that person in respect of any of the areas to which this subsection is applied by subsection (3).
(3) The areas to which subsections (1) and (2) apply are—

(j) education.
(4) Where a person complains of sexual harassment, no account shall be taken of any evidence of the person’s sexual experience or reputation. (Human Rights Act 1993, Sec. 62)

Public Institutions and Services

English

The Equal Employment Opportunities Commissioner has the following functions:
(a) to lead discussions of the Commission about equal employment opportunities (including pay equity): (b) to provide advice and leadership on equal employment opportunities arising in the course of activities undertaken in the performance of the Commission’s functions, both when engaging in those activities and otherwise when consulted:
(c) to evaluate, through the use of benchmarks developed by the Commissioner, the role that legislation, guidelines, and voluntary codes of practice play in facilitating and promoting best practice in equal employment opportunities:
(d) to lead development of guidelines and voluntary codes of practice to facilitate and promote best practice in equal employment opportunities (including codes that identify related rights and obligations in legislation), in accordance with section 5(2)(e):
(e) to monitor and analyse progress in improving equal employment opportunities in New Zealand, and to report to the Minister on the results of that monitoring and analysis:
(f) to liaise with, and complement the work of, any trust or body that has as one of its purposes the promotion of equal employment opportunities (including pay equity):
(g) to ensure, acting jointly with the Chief Commissioner, that activities undertaken in the performance of the Commission’s functions in matters of equal employment opportunities are consistent with the strategic direction and other determinations of the Commission under section 7:
(h) any other functions, powers, or duties conferred or imposed on him or her by or under this Act or any other enactment. (Human Rights Act 1993, Sec. 17)

Sexual Orientation and Gender Identity

English

(1) For the purposes of this Act, the prohibited grounds of discrimination are—
...
(m) sexual orientation, which means a heterosexual, homosexual, lesbian, or bisexual orientation.
(2) Each of the grounds specified in subsection (1) is a prohibited ground of discrimination, for the purposes of this Act, if—
(a )it pertains to a person or to a relative or associate of a person; and
(b) it either—
(i) currently exists or has in the past existed; or
(ii) is suspected or assumed or believed to exist or to have existed by the person alleged to have discriminated. (Human Rights Act 1993, Sec. 21)

Sexual Orientation and Gender Identity

English

(1) Where an applicant for employment or an employee is qualified for work of any description, it shall be unlawful for an employer, or any person acting or purporting to act on behalf of an employer,—
(a) to refuse or omit to employ the applicant on work of that description which is available; or
(b) to offer or afford the applicant or the employee less favourable terms of employment, conditions of work, superannuation or other fringe benefits, and opportunities for training, promotion, and transfer than are made available to applicants or employees of the same or substantially similar capabilities employed in the same or substantially similar circumstances on work of that description; or
(c) to terminate the employment of the employee, or subject the employee to any detriment, in circumstances in which the employment of other employees employed on
work of that description would not be terminated, or in which other employees employed on work of that description would not be subjected to such detriment; or
(d) to retire the employee, or to require or cause the employee to retire or resign, —
by reason of any of the prohibited grounds of discrimination.
(2) It shall be unlawful for any person concerned with procuring employment for other persons or procuring employees for any employer to treat any person seeking employment differently from other persons in the same or substantially similar circumstances by reason of any of the prohibited grounds of discrimination. (Human Rights Act 1993, Sec. 22)

Sexual Orientation and Gender Identity

English

(2) Nothing in section 22 shall prevent different treatment based on sex, religious or ethical belief, disability, age, political opinion, or sexual orientation where the position is one of domestic employment in a private household.
… (Human Rights Act 1993, Sec. 27)

Sexual Orientation and Gender Identity

English

Nothing in section 57 shall prevent the holding or provision, at any educational establishment, of courses or counselling restricted to persons of a particular sex, race, ethnic or national origin, or sexual orientation, where highly personal matters, such as sexual matters or the prevention of violence, are involved. (Human Rights Act 1993, Sec. 59)

Status of the Constitution

English

(1) As from the commencement of this Act the following enactments of the Parliament of the United Kingdom, namely,—
(a) the New Zealand Constitution Act 1852 (15 and 16 Vict, c 72); and
(b) the Statute of Westminster 1931 (22 Geo V, c 4); and
(c) the New Zealand Constitution (Amendment) Act 1947 (11 Geo VI, c 4),—
shall cease to have effect as part of the law of New Zealand.
… (Constitution Act 1986, Sec. 26)

Status of the Constitution

English

No court shall, in relation to any enactment (whether passed or made before or after the commencement of this Bill of Rights),—
(a) hold any provision of the enactment to be impliedly repealed or revoked, or to be in any way invalid or ineffective; or
(b) decline to apply any provision of the enactment—
by reason only that the provision is inconsistent with any provision of this Bill of Rights. (Bill of Rights Act 1990, Sec. 4)

Status of the Constitution

English

This Act shall bind the Crown. (Human Rights Act 1993, Sec. 3)

Status of International Law

English

(1) The primary functions of the [Human Rights] Commission are—
(a) to advocate and promote respect for, and an understanding and appreciation of, human rights in New Zealand society;

(2) The Commission has, in order to carry out its primary functions under subsection (1), the following functions:

d) to promote by research, education, and discussion a better understanding of the human rights dimensions of the Treaty of Waitangi and their relationship with domestic and international human rights law:

(k) to report to the Prime Minister on—
(i) any matter affecting human rights, including the desirability of legislative, administrative, or other action to give better protection to human rights and to ensure better compliance with standards laid down in international instruments on human rights:
(ii) the desirability of New Zealand becoming bound by any international instrument on human rights:
… (Human Rights Act 1993, Sec. 5)

1

Constitution of New Zealand 1840, as amended to 2014 (English). All relevant texts of the Constitution of New Zealand are reflected in this link.
Links to all sites last visited 2 March 2016

2

Part 2 on Unlawful Discrimination.

3

For all provisions on discrimination in employment matters, refer to: “Exceptions in relation to employment matters,” Sections 24-35; prohibition on “Discrimination in partnerships,” Sec. 36, “Discrimination by industrial and professional associations, qualifying bodies, and vocational training Bodies,” Sections 37-41, and “Special provisions relating to superannuation schemes,” Sec. 70. 

4

Part 2 on Unlawful Discrimination.

5

According to Sec. 3: “(a) the legislative, executive, or judicial branch of the Government of New Zealand; or (b) a person or body in the performance of any public function, power, or duty conferred or imposed on that person or body by or pursuant to law.”

6

Part II on Unlawful Discrimination.

7

Part 2 on Unlawful Discrimination.