Guide to understanding when discrimination can be lawful in NZ

Human rights are the basic rights and freedoms every person is entitled to regardless of their age, ethnicity, culture, religion, sex, gender identity, etc.

The Human Rights Act 1993 aims to ensure all people in New Zealand are treated fairly and equally, in line with United Nations conventions.

It also sets out the role of the Human Rights Commission.

The Human Rights Act and the Bill of Rights Act are the two main human rights laws in New Zealand.

The Human Rights Act specifies what kinds of discrimination are unlawful, including sexual harassment, racial harassment and racial disharmony.

The areas of life the Human Rights

Act cover are:

■ dealings with government or public sector agencies

■ employment

■ access to public places, vehicles and facilities

■ provision of goods and services

■ provision of land, housing and accommodation

■ access to education

In general, our human rights laws don’t cover behaviour between private individuals. More information about what human rights are is on the govt.nz website.

However, there are some exceptions in the Human Rights Act where it is lawful to treat someone differently because of their gender, age, religion, etc.

These human rights laws apply to government agencies (including local councils) and to businesses and organisations when they provide you with a service, or make decisions that affect you.

Some examples where discrimination can be lawful include:

■ If you apply for a job working for a political party whose political views you do not share, the employer can choose not to hire you because they want an applicant who does share their views.

■ If you are applying to be a flatmate, the tenant (or the property owner, if they will be living in the property) can decide not to rent to you because they want to live with someone of a particular gender

■ A private school or tertiary education provider can give preferential access to people in certain age groups

■ An insurer can treat their customers differently, based on their age, gender, health habits etc (for example by refusing to insure them or by charging higher premiums).

For free and confidential advice and information on this or any other matter visit the Palmerston North Citizens Advice Bureau (CAB) in Hancock Community House, 77 King St. CAB is open weekdays 9am-4.30pm, call 357 0647 or 0800 367 222. We have a free legal advice service by qualified lawyers most Thursdays at 6pm and a JP is available on Tuesdays noon-2.30pm. No appointment is necessary for either of these services.