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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
New Zealand, 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)6
Employment Rights and Protection
New Zealand, English
(1) It is unlawful for a person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (2)) to treat adversely any other person, or to make an implied or overt threat to treat adversely any other person, on the ground that the other person is, or is suspected or assumed or believed to be, a person affected by domestic violence.
(2) The areas to which subsection (1) applies are—
(a) the making of an application for employment:
(b) employment, which term includes unpaid work.
(3) In this section, an employer treats adversely an employee if the employer—
(a) dismisses that employee, in circumstances in which other employees employed by that employer on work of that description are not or would not be dismissed or subjected to such detriment; or
(b) refuses or omits to offer or afford to that employee the same terms of employment, conditions of work, fringe benefits, or opportunities for training, promotion, and transfer as are made available for other employees of the same or substantially the same qualifications, experience, or skills employed in the same or substantially similar circumstances; or
(c) subjects that employee to any detriment, in circumstances in which other employees employed by that employer on work of that description are not or would not be subjected to such detriment; or
(d) retires that employee, or requires or causes that employee to retire or resign.
...
(Human Rights Act 1993, Sec. 62A)7
Employment Rights and Protection
New Zealand, English
(1) Anything done or omitted which would otherwise constitute a breach of any of the provisions of this Part8 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
New Zealand, 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)
Judicial Protection
New Zealand, English
This Bill of Rights applies only to acts done—
(a) by the legislative, executive, or judicial branches of the Government of New Zealand;
… (Bill of Rights Act 1990, Sec. 3)
Judicial Protection
New Zealand, English
No court shall, in relation to any enactment (whether passed or made before or after the commencement of this Bill of Rights),—
(a) hold any provision of the enactment to be impliedly repealed or revoked, or to be in any way invalid or ineffective; or
(b) decline to apply any provision of the enactment—by reason only that the provision is inconsistent with any provision of this Bill of Rights. (Bill of Rights Act 1990, Sec. 4)
Judicial Protection
New Zealand, English
(1) Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person's rights, obligations, or interests protected or recognised by law.
(2) Every person whose rights, obligations, or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination.
… (Bill of Rights Act 1990, Sec. 27)
Judicial Protection
New Zealand, English
The Tribunal constituted by section 45 of the Human Rights Commission Act 1977 and, immediately before 1 January 2002 (being the date of the commencement of the Human Rights Amendment Act 2001), known as the Complaints Review Tribunal shall continue in being, and, on and after 1 January 2002, is called the Human Rights Review Tribunal. (Human Rights Act 1993, Sec. 93)
Judicial Protection
New Zealand, English
The functions of the Tribunal shall be—
(a) to consider and adjudicate upon proceedings brought pursuant to sections 92B, 92E, 95, and 97:
(b) to exercise and perform such other functions, powers, and duties as are conferred or imposed on it by or under this Act or any other enactment. (Human Rights Act 1993. Sec. 94)
National Human Rights Bodies
New Zealand, English
(1) There shall continue to be a Human Rights Commission, which shall be the same body as the Human Rights Commission established under section 4 of the Human Rights Commission Act 1977.
… (Human Rights Act 1993, Sec. 4)