Human rights law in Aotearoa New Zealand
There are two main laws in New Zealand that specifically promote and protect
human rights. They are the Human Rights Act and the New Zealand Bill of Rights Act.
These laws exist alongside a framework of international human rights instruments,
agreements, and guidance that help to inform and guide how our national human
rights laws should be understood and applied.
Human rights in Aotearoa New Zealand are grounded on Te Tiriti o Waitangi and must
reflect Te Ao Māori values. This means recognising the rights and mana motuhake of
Māori as Tangata Whenua and the Te Tiriti guarantee of tino rangatiratanga.
Your protections under the law
Unlawful Discrimination
The Human Rights Act protects people in Aotearoa New Zealand from unlawful
discrimination in areas of public life including employment, education, access to
public places and facilities, and accommodation.
Section 21 of the Human Rights Act lists the prohibited grounds of discrimination,
including sex and sexual orientation. The government has considered that the
ground of ‘sex’ includes people who are transgender (although they state that the
law could be clearer). Interpreting our human rights law this way helps give effect to
international human rights standards and guidance.
Unlawful discrimination is when you are treated unfairly compared to others because
of a personal characteristic such as your gender identity.