Version as at
1 July 2024
Human Rights Act 1993
Part 2 s 22
Section 21(1)(i)(i): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation
and Retirement Income Amendment Act 2005 (2005 No 42).
Section 21(1)(i)(i): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation
Act 2001 (2001 No 84).
Section 21(1)(k)(ii): substituted, on 1 July 1999, by section 415(1) of the Accident Insurance Act
1998 (1998 No 114).
Section 21(1)(k)(ii): amended, on 26 November 2018, by section 459 of the Social Security Act 2018
(2018 No 32).
Section 21(1)(k)(ii): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Com‐
pensation Amendment Act 2010 (2010 No 1).
Section 21(1)(l)(iii): amended, on 26 April 2005, by section 7 of the Relationships (Statutory Refer‐
ences) Act 2005 (2005 No 3).
Discrimination in employment matters
22
Employment
(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 substan‐
tially 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 termin‐
ated, 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 discrimin‐
ation.
Compare: 1977 No 49 s 15(1), (2); 1992 No 16 s 3
33