Part 2 s 37
(3)
(4)
(5)
Human Rights Act 1993
Version as at
1 July 2024
Nothing in this section prevents the fixing of reasonable terms and conditions
in relation to a partner or prospective partner, who by reason of disability or
age—
(a)
has a restricted capacity to participate or continue to participate in the
partnership, that cannot be restored to normal by the provision of any
special services or facilities required to be provided under subsection
(2A); or
(b)
requires special conditions if he or she is to participate or continue to
participate in the partnership, even if any special services or facilities
required to be provided under subsection (2A) are provided.
Nothing in this section applies in respect of a person with a disability, if the
disability of the person is such that—
(a)
there would be a risk of harm to that person or others, including the risk
of infecting others with an illness if that person were to accept or remain
in partnership or be given the same terms and conditions as a partner
(including terms and conditions as to status in the firm or entitlement to
shares in capital or profits) that were made available to other members or
prospective members of the firm; and
(b)
it is not reasonable to take that risk.
Subsection (4) does not apply if the firm, or persons jointly promoting the
formation of a firm, could, without unreasonable disruption, take reasonable
measures to reduce the risk to a normal level.
Compare: 1977 No 49 s 19; 1992 No 16 s 8
Section 36(2A): inserted, on 10 September 2008, by section 4(1) of the Human Rights Amendment
Act 2008 (2008 No 65).
Section 36(3): substituted, on 10 September 2008, by section 4(2) of the Human Rights Amendment
Act 2008 (2008 No 65).
Section 36(4): added, on 10 September 2008, by section 4(2) of the Human Rights Amendment Act
2008 (2008 No 65).
Section 36(5): added, on 10 September 2008, by section 4(2) of the Human Rights Amendment Act
2008 (2008 No 65).
Discrimination by industrial and professional associations, qualifying bodies,
and vocational training bodies
37
Organisations of employees or employers and professional and trade
associations
(1)
It shall be unlawful for an organisation to which this section applies, or for any
person acting or purporting to act on behalf of any such organisation,—
40
(a)
to refuse or omit to accept any person for membership; or
(b)
to offer any person less favourable terms of membership and less favour‐
able access to any benefits, facilities, or services, including the right