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

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
2
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.

15
Sec. 5 as amended by the Human Rights Amendment Act 2016 (2016 No 28).
20
Sec. 5 as amended by the Human Rights Amendment Act 2016 (2016 No 28).