Version as at
1 July 2024
Human Rights Act 1993
Part 2 s 38
to stand for election and hold office in the organisation, than would
otherwise be made available; or
(c)
to deprive a person of membership, or suspend him or her, in circum‐
stances in which other persons would not be deprived of membership or
suspended,—
by reason of any of the prohibited grounds of discrimination.
(1A) It is unlawful for an organisation to which this section applies, or for any
person acting or purporting to act on behalf of any such organisation, to fail to
provide special services or facilities that could reasonably be provided by the
organisation in the circumstances and that, if provided, would enable a person
with a disability to—
(2)
(a)
be accepted and remain in membership; or
(b)
be given equal access to benefits, facilities, or services provided by the
organisation (including the right to stand for election and hold office).
Nothing in this section shall prevent an organisation to which this section
applies from charging different fees to persons in different age groups.
(2A) 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 membership or be given equal access to benefits, facilities, or services
provided by the organisation (including the right to stand for election
and hold office); and
(b)
it is not reasonable to take that risk.
(2B) Subsection (2A) does not apply if the organisation could, without unreasonable
disruption, take reasonable measures to reduce the risk to a normal level.
(3)
This section applies to an organisation of employees, an organisation of
employers, or any other organisation that exists for the purposes of members
who carry on a particular profession, trade, or calling.
Compare: 1977 No 49 s 20; 1992 No 16 s 9
Section 37(1A): inserted, on 10 September 2008, by section 5(1) of the Human Rights Amendment
Act 2008 (2008 No 65).
Section 37(2A): inserted, on 10 September 2008, by section 5(2) of the Human Rights Amendment
Act 2008 (2008 No 65).
Section 37(2B): inserted, on 10 September 2008, by section 5(2) of the Human Rights Amendment
Act 2008 (2008 No 65).
38
Qualifying bodies
(1)
It shall be unlawful for an authority or body empowered to confer an approval,
authorisation, or qualification that is needed for, or facilitates, engagement in a
profession, trade, or calling, or any person acting or purporting to act on behalf
of any such authority or body,—
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