Part 2 s 23
23
Human Rights Act 1993
Version as at
1 July 2024
Particulars of applicants for employment
It shall be unlawful for any person to use or circulate any form of application
for employment or to make any inquiry of or about any applicant for employ‐
ment which indicates, or could reasonably be understood as indicating, an
intention to commit a breach of section 22.
Compare: 1977 No 49 s 18; 1992 No 16 s 7
Exceptions in relation to employment matters
24
Exception in relation to crews of ships and aircraft
Nothing in section 22 shall apply to the employment or an application for
employment of a person on a ship or aircraft, not being a New Zealand ship or
aircraft, if the person employed or seeking employment was engaged or applied
for it outside New Zealand.
Compare: 1977 No 49 s 15(8)
25
Exception in relation to work involving national security
(1)
Nothing in section 22 shall apply to any restrictions on the employment of any
person on work involving the national security of New Zealand—
(a)
(b)
(2)
by reference to his or her—
(i)
religious or ethical belief; or
(ii)
political opinion; or
(iii)
disability, within the meaning of section 21(1)(h)(iii) or section
21(1)(h)(iv); or
(iv)
family status, within the meaning of section 21(1)(l)(iii) or section
21(1)(l)(iv); or
(v)
national origin; or
by reference to the national origin of any relative of that person.
It shall not be a breach of section 22 to decline to employ a person under the
age of 20 years on work involving the national security of New Zealand where
that work requires a secret or top secret security clearance.
Compare: 1977 No 49 s 15(10)
26
Exception in relation to work performed outside New Zealand
Nothing in section 22 shall prevent different treatment based on sex, religious
or ethical belief, or age if the duties of the position in respect of which that
treatment is accorded—
34
(a)
are to be performed wholly or mainly outside New Zealand; and
(b)
are such that, because of the laws, customs, or practices of the country
in which those duties are to be performed, they are ordinarily carried out