KNOW YOUR RIGHTS

We’ve highlighted sections of the NZ Human Rights Act and Bill of Rights Act where sex, sexual orientation, and matters such as freedom of expression, association, political opinion, and belief are relevant.

NZ HUMAN RIGHTS ACT 1993

21. Prohibited grounds of discrimination

(1) For the purposes of this Act, the prohibited grounds of discrimination are -

  • (a) sex, which includes pregnancy and childbirth

  • (m) sexual orientation, which means a heterosexual, homosexual, lesbian, or bisexual orientation

  • (j) political opinion, which includes the lack of a particular political opinion or any political opinion

43. Exceptions in relation to access by the public, vehicles, and facilities

(1) Section 42 shall not prevent the maintenance of separate facilities for each sex on the ground of public decency or public safety

45. Exception in relation to courses and counselling

Nothing in section 44 shall prevent the holding of courses, or the provision of 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.

46. Exception in relation to public decency or safety

Section 44 shall not apply to the maintenance or provision of separate facilities or services for each sex on the ground of public decency or public safety

49. Exception in relation to sport

(1) Subject to subsection (2), nothing in section 44 shall prevent the exclusion of persons of one sex from participation in any competitive sporting activity in which the strength, stamina, or physique of competitors is relevant.

(2) Subsection (1) does not apply in relation to the exclusion of persons from participation in -

  • (a) the coaching of persons engaged in any sporting activity: or

  • (b) the umpiring or refereeing of any sporting activity: or

  • (c) the administration of any sporting activity: or

  • (d) sporting activities by persons who have not attained the age of 12 years

55. Exception in relation to hostels, institutions, etc

Nothing in section 53 shall apply to accommodation in any hostel or any establishment (such as a hospital, club, school, university, religious institution, or retirement village), or in any part of a hostel or any such establishment, where accommodation is provided only for reasons of the same sex, marital status, or religious or ethical belief, or for persons with a particular disability, or for persons in a particular age group

58. Exception in relation to establishments for particular groups

(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

59. Exception in relation to courses and counselling

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

73. Measures to ensure equality

(1) Anything done or omitted which would otherwise constitute a breach of any of the provisions of the Part shall not constitute such a breach if -

  • (a) it is done or omitted in good faith for the purposes of assisting or advancing persons or groups of persons, being in each case persons against whom discrimination is unlawful by virtue of the 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

NZ BILL OF RIGHTS ACT 1990

10. Right not to be subjected to medical or scientific experimentation

Every person has the right not to be subjected to medical or scientific experimentation with that person's consent

13. Freedom of thought, conscience, and religion

Everyone has the right to freedom of thought, conscience, religion, and belief, including the right to adopt and to hold opinions without interference

14. Freedom of expression

Everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form

15. Manifestation of religion and belief

Every person has the right to manifest that person's religion or belief in worship, observance, practice, or teaching, either individually or in community with others, and either in public or in private

16. Freedom of peaceful assembly

Everyone has the right to freedom of peaceful assembly

17. Freedom of association

Everyone has the right to freedom of association

19. Freedom from discrimination

(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 2 of the Human Rights Act 1993 do not constitute discrimination

HISTORIC ACTS

HOMOSEXUAL LAW REFORM ACT 1986

This Act amended the Crimes Act 1961 by removing criminal sanctions against consensual homosexual conduct between males, and by consequentially amending the law relating to consensual anal intercourse

CIVIL UNION ACT 2004

This Act established the institution of Civil Union for same-sex and opposite-sex couples

RELATIONSHIPS (STATUTORY REFERENCES) ACT 2005

This Act acted as a companion to the Civil Union Act 2004 amending numerous Acts by updating language to ensure that the same legal rights and responsibilities are applicable to married, de facto (whether opposite or same sex), and civil union relationships

MARRIAGE (DEFINITION OF MARRIAGE) AMENDMENT ACT 2013

This Act amended the Marriage Act 1955 to clarify that a marriage is between 2 people regardless of their sex