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