Constitution of New Zealand 1840, as amended to 2023
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)
1

New Zealand does not have a codified constitution, its constitutional order exists of multiple Acts of Parliament, legal documents, Court decisions and generally accepted conventions. For the purposes of this database, the following texts are take into account:
- Treaty of Waitangi Act 1975, as amended to 2022 (including Treaty of Waitangi 1840 in Schedule 1)
- Constitution Act 1986, as amended to 2005
- Bill of Rights Act 1990, as amended to 2022
- Human Rights Act 1993, as amended to 2022
- Electoral Act 1993, as amended to 2023

Links to all sites last visited 14 May 2024
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Part 2 on Unlawful Discrimination.
3
Part 2 on Unlawful Discrimination.
4

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.

5

Part 2 on Unlawful Discrimination.

6

Part 2 on Unlawful Discrimination.

7, 8

7 - Part 1A on Discrimination by Government, related persons and bodies, or persons or bodies acting with legal authority.
8 - 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.”

9

Part 2 on Unlawful Discrimination.

10

Section 57 on Educational Establishments.

11

According to Sec. 5 of the Conversion Practices Prohibition Legislation Act: "… conversion practice means any practice, sustained effort, or treatment that— (a) is directed towards an individual because of the individual’s sexual orientation, gender identity, or gender expression; and (b) is done with the intention of changing or suppressing the individual’s sexual orientation, gender identity, or gender expression. ..."