Constitution of New Zealand 1840, as amended to 2020
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)
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).