Discrimination can be direct and obvious or subtle and hidden, but harmful just the
same. It can include sexually explicit or other inappropriate comments; questions;
jokes; name-calling; images; online communications; transphobic, homophobic or
other bullying; sexual advances; touching; and other unwelcome behaviour that
insults, demeans, harms or threatens you in some way.
Discrimination can also be systemic, such as organisational rules or policies that look
neutral but exclude trans people. Friends, family, or others who face discrimination
because of their association with a trans person are also protected.
There are some exceptions in the Human Rights Act relating to employment, provision
of services, and participation in things like sports.2 The Human Rights Act also allows
different treatment if it is done in good faith to help a person who belongs to a group
against whom discrimination is unlawful, and if it is reasonable to think that group
needs help to achieve equality.3 More information about special measures to promote
equality can be found on our website.4
The Human Rights Act does not protect you from discrimination everywhere. For
example, it does not cover the behaviour of your neighbours, people in public, or in
your private relationships. However, the Commission can still offer support in these
situations, so we encourage you to contact us. We can provide information about your
options or connect you with other organisations who can help.
Conversion Practices
In 2022 a new law was passed which made conversion practices illegal.
It is unlawful to perform a conversion practice with the intention of changing or
suppressing someone’s sexual orientation, gender identity, or gender expression.5
Conversion practices are defined in the law as any practice, sustained effort, or
treatment that is: directed towards an individual because of the individual’s sexual
orientation, gender identity, or gender expression; and is done with the intention of
changing or suppressing the individual’s sexual orientation, gender identity, or gender
expression.6,7
2
3
4
5
6
7
Exclusions are covered in Part 2 of the Human Rights Act.
Section 73 of the Human Rights Act.
https://tikatangata.org.nz/resources-and-support/guidelines/guidelines-on-special-measures.
Section 63A of the Human Rights Act.
Section 5(1) of the Conversion Practices Prohibition Legislation Act 2022.
Section 5(2) of the Conversion Practices Prohibition Legislation Act 2022.