Human Rights

One of the six topic areas for the NZ citizenship test. The Human Rights Act 1993 and how it protects against discrimination in everyday life in New Zealand.

In one paragraph

New Zealand's main law on discrimination is the Human Rights Act 1993. It makes it unlawful to treat someone less favourably on prohibited grounds — including race, sex, age, disability, religion, political opinion and sexual orientation — in specific areas of public and economic life such as employment, education, housing, and the provision of goods and services. The Human Rights Commission investigates complaints; unresolved cases can go to the Human Rights Review Tribunal. This Act is separate from the Bill of Rights Act 1990 — they overlap but the Human Rights Act mainly governs everyday discrimination, while BORA mainly governs the actions of the state.

Practise this topic now

5 source-cited practice questions covering the Human Rights Act and prohibited grounds of discrimination.

Practise Human Rights →

What you need to know for the test

  • Human Rights Act 1993 is the main NZ law on discrimination.
  • Prohibited grounds listed in section 21 of the Act include: sex, marital status, religious belief, ethical belief, colour, race, ethnic or national origins, disability, age, political opinion, employment status, family status, and sexual orientation.
  • The Act applies to specific areas of public and economic life — employment, partnerships, qualifying bodies, vocational training, places of public resort, the provision of goods and services, accommodation, educational establishments, and access to public places. It does not regulate purely private personal choices.
  • Both direct and indirect discrimination are covered. Indirect discrimination (section 65) is where a rule that looks neutral has the effect of disadvantaging a protected group, without a good reason.
  • Sexual harassment in employment is specifically unlawful under section 62.
  • The Human Rights Commission is the independent body that promotes human rights and investigates complaints. The Human Rights Review Tribunal hears unresolved cases.
  • HRA vs BORA: the Human Rights Act mostly governs private and economic life; the Bill of Rights Act mostly governs the actions of Parliament, the executive, the courts, and bodies performing public functions.

What this topic covers

Prohibited grounds of discrimination

Section 21 of the Human Rights Act lists the grounds. To remember the broad shape: protected characteristics include who you are (sex, age, race, ethnic origin, colour, disability, sexual orientation), what you believe (religion, ethics, political opinion), and key parts of your life situation (marital status, family status, employment status).

Where the Act applies

The Act lists specific situations: deciding who to hire, fire or promote (employment); admitting a student to a school or university; providing goods or services to the public (banking, shops, restaurants); deciding who can rent or buy housing; access to public places like parks or beaches. Discrimination in purely personal choices — who you befriend, who you marry — is not covered.

Direct and indirect discrimination

Direct discrimination is treating someone less favourably because of a prohibited ground (for example, refusing to hire someone because of their ethnicity). Indirect discrimination (section 65) is applying a rule that looks neutral but has a disadvantaging effect — such as requiring fluent English for a job that does not really need it, which can indirectly discriminate on the basis of ethnic origin.

Sexual harassment

Section 62 makes sexual harassment in employment unlawful. It covers both an explicit request for sexual activity in exchange for an employment benefit, and unwelcome sexual behaviour that is detrimental, offensive, or repeated. It applies to behaviour by employers, supervisors, and other staff acting in the course of their work.

The complaints system

The Human Rights Commission (HRC) is the first point of contact. The HRC tries to resolve complaints through free mediation. If a complaint can't be resolved that way, the Office of Human Rights Proceedings can take it to the Human Rights Review Tribunal, which can award remedies.

Treaty of Waitangi and the Act

The Human Rights Act sits alongside other constitutional documents. Section 5(2)(d) directs the HRC to encourage harmonious relations between groups and to recognise the cultural and other diversity of the people of New Zealand, having regard to the Treaty of Waitangi.

Where to read the law itself

Common misconceptions to watch for

"Any unfair treatment is unlawful discrimination."

No. Discrimination is unlawful only if it is on a prohibited ground listed in section 21 and in one of the areas the Act covers. Being treated badly for other reasons may be wrong morally, but it is not necessarily a Human Rights Act case.

"The Act covers what people say or do in private."

Mostly no. The Act focuses on public and economic life — employment, services, housing, education. Private personal interactions are generally outside its scope.

"Discrimination has to be intentional."

No. Indirect discrimination is covered by section 65 even where no one set out to discriminate — the effect of a rule matters, not just the intent.

"The Human Rights Commission is a court."

The Commission is an independent Crown entity that investigates and tries to mediate complaints. The Human Rights Review Tribunal — a separate body — is the one that makes binding decisions on cases that aren't resolved.

"Sexual harassment is only about physical touching."

No. Section 62 includes spoken or written requests for sex linked to a job benefit, and unwelcome sexual behaviour that is detrimental, offensive, or repeated, whether or not there is physical contact.

Related pages

Topic page last verified 2026-05-13 against the Human Rights Act 1993 on legislation.govt.nz and the Human Rights Commission's published guidance. We re-verify against the official DIA syllabus the moment it is published.