Constitution of New Zealand 1840, as amended to 2020
Affirmative Action (Broadly)
  • 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 22 of the Human Rights Act 1993 do not constitute discrimination. (Bill of Rights Act 1990, Sec. 19)
Affirmative Action (Broadly)
  • English
    (1) Anything done or omitted which would otherwise constitute a breach of any of the provisions of this Part3 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)
1
Constitution of Nauru 1968 (English), as amended to 2014. New Zealand does not possess a codified “constitution” but an unwritten one consisting of Acts of Parliament, legal documents, decisions of the Courts and generally accepted practices or “conventions”. The key texts of the Constitution are reflected in this link, up to 2014. A number of changes have occurred since then. Updated versions of the Acts contained in this link are available in HeinOnline World Constitutions Illustrated Library (2019).
Links to all sites last visited 31 March 2021
2
Part 2 on Unlawful Discrimination.
3
Part 2 on Unlawful Discrimination.
4
Sec. 5 as amended by the Human Rights Amendment Act 2016 (2016 No 28).
5
Sec. 62A as inserted by the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).
6
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.
7
Sec. 62A as inserted by the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).
8
Part 2 on Unlawful Discrimination.
9
Part 2 on Unlawful Discrimination.
10
Sec. 5 as amended by the Human Rights Amendment Act 2016 (2016 No 28).
11, 12
11 - Part 1A on Discrimination by Government, related persons and bodies, or persons or bodies acting with legal authority.12 - 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.”
13
Sec. 21 as amended by the Social Security Act 2018.
14
Sec. 21A as amended by the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21) and the Family Violence Act 2018 (2018 No 46).
15
Sec. 5 as amended by the Human Rights Amendment Act 2016 (2016 No 28).
16
Sec. 62A as inserted by the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).
17
Part 2 on Unlawful Discrimination.
18
Section 57 on Educational Establishments.
19
Sec. 62A as inserted by the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).
20
Sec. 5 as amended by the Human Rights Amendment Act 2016 (2016 No 28).