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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 194 constitutions from around the world. The Database was updated in partnership with the International Bar Association's Human Rights Institute (IBAHRI) and with support from the Swedish International Development Agency (SIDA) and the Government of Japan. Experience its wealth and depth of information by starting your search now.
Employment Rights and Protection
- EnglishFor 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)
Employment Rights and Protection
- English(1) Nothing in section 22 shall prevent different treatment based on sex or age where, for reasons of authenticity, being of a particular sex or age is a genuine occupational qualification for the position or employment.
(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.
(3) Nothing in section 22 shall prevent different treatment based on sex where—
(a) the position needs to be held by one sex to preserve reasonable standards of privacy; or
(b) the nature or location of the employment makes it impracticable for the employee to live elsewhere than in premises provided by the employer, and—
(i) the only premises available (being premises in which more than 1 employee is required to sleep) are not equipped with separate sleeping accommodation for each sex; and
(ii) it is not reasonable to expect the employer to equip those premises with separate accommodation, or to provide separate premises, for each sex.
(4) Nothing in section 22 shall prevent different treatment based on sex, race, ethnic or national origins, or sexual orientation where the position is that of a counsellor on highly personal matters such as sexual matters or the prevention of violence.
(5) Where, as a term or condition of employment, a position ordinarily obliges or qualifies the holder of that position to live in premises provided by the employer, the employer does not commit a breach of section 22 by omitting to apply that term or condition in respect of employees of a particular sex or marital status if in all the circumstances it is not reasonably practicable for the employer to do so. (Human Rights Act 1993, Sec. 27)
Employment Rights and Protection
- English
(1) Anything done or omitted which would otherwise constitute a breach of any of the provisions of this Part5 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)
Employment Rights and Protection
- 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)
Employment Rights and Protection
- English
(1) Where—
(a) a request of the kind described in section 62(1) is made to an employee; or
(b) an employee is subjected to behaviour of the kind described in section 62(2) or section 63—
by a person who is a customer or a client of the employee's employer, the employee may make a complaint in writing about that request or behaviour to the employee's employer.
(2) The employer, on receiving a complaint under subsection (1),—
(a) shall inquire into the facts; and
(b) if satisfied that such a request was made or that such behaviour took place,— shall take whatever steps are practicable to prevent any repetition of such a request or of such behaviour.
(3) Where any person, being a person in relation to whom an employee has made a complaint under subsection (1),—
(a) either—
(i) makes to that employee after the complaint a request of the kind described in section 62(1); or
(ii) subjects that employee after the complaint to behaviour of the kind described in section 62(2) or section 63; and
(b) the employer of that employee has not taken whatever steps are practicable to prevent the repetition of such a request or such behaviour,— that employer shall be deemed to have committed a breach of this Act and the provisions of this Act shall apply accordingly. (Human Rights Act 1993, Sec. 69)4
Employment Rights and Protection
- English
(1) The primary functions of the Commission are—
…
(d) to promote equal employment opportunities (including pay equity); and
…
(2) The Commission has, in order to carry out its primary functions under subsection (1), the following functions:
…
(n) to exercise the following functions in relation to equal employment opportunities:
(i) to evaluate, through the use of benchmarks developed by the Commission, the roles that legislation, guidelines, and voluntary codes of practice play in facilitating and promoting best practice in equal employment opportunities:
(ii) to lead the development of guidelines and voluntary codes of practice to facilitate and promote best practice in equal employment opportunities (including codes that identify related rights and obligations in legislation) in accordance with paragraph (e):
(iii) to monitor and analyse progress in improving equal employment opportunities in New Zealand and to report to the Minister on the results of that monitoring and analysis
(iv) to liaise with, and complement the work of, any trust or body that has as one of its purposes the promotion of equal employment opportunities:
… (Human Rights Act 1993, Sec. 5)
Equality and Non-Discrimination
- English
(1) The primary functions of the Commission are—
…
(c) to promote racial equality and cultural diversity; and
…
(2) The Commission has, in order to carry out its primary functions under subsection (1), the following functions:
…
(ca) to make public statements promoting an understanding of, and compliance with, this Act or the New Zealand Bill of Rights Act 1990 (for example, statements promoting understanding of measures to ensure equality, of indirect discrimination, or of institutions and procedures under this Act for dealing with complaints of unlawful discrimination):
…
(l) to make public statements in relation to any group of persons in, or who may be coming to, New Zealand who are or may be subject to hostility, or who have been or may be brought into contempt, on the basis that that group consists of persons against whom discrimination is unlawful under this Act:
… (Human Rights Act 1993, Sec. 5)
Equality and Non-Discrimination
- English(1) It shall be unlawful for any person who supplies goods, facilities, or services to the public or to any section of the public—
(a) to refuse or fail on demand to provide any other person with those goods, facilities, or services; or
(b) to treat any other person less favourably in connection with the provision of those goods, facilities, or services than would otherwise be the case,—by reason of any of the prohibited grounds of discrimination.
… (Human Rights Act 1993, Sec. 44)
Equality and Non-Discrimination
- 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 26 of the Human Rights Act 1993 do not constitute discrimination. (Bill of Rights Act 1990, Sec. 19)
Equality and Non-Discrimination
- English
(1) The only provisions of this Part that apply to an act or omission of a person or body described in subsection (2) are—
(a) sections 21 to 35 (which relate to discrimination in employment matters), 61 to 64 (which relate to racial disharmony, sexual harassment, adverse treatment in employment of people affected by family violence, and racial harassment) and 66 (which relates to victimisation); and
(b) sections 65 and 67 to 74, but only to the extent that those sections relate to conduct that is unlawful under any of the provisions referred to in paragraph (a).
(2) The persons and bodies referred to in subsection (1) are the ones referred to in section 3 of the New Zealand Bill of Rights Act 1990, namely—
(a) the legislative, executive, and judicial branches of the Government of New Zealand; and
(b) every 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. (Human Rights Act 1993, Sec. 21A)