The Human Rights Act 1993 protects people in New Zealand against unlawful discrimination in various areas of everyday life, including employment, education, housing, and access to goods and services.
Where a person believes they have been treated unfairly because of a prohibited ground of discrimination, they may have grounds to bring a complaint or legal proceedings.
The Act prohibits discrimination on grounds including race, sex, age, disability, religious belief, sexual orientation, and family status. Discrimination may occur where someone is treated less favourably because of one of these characteristics, or where a seemingly neutral requirement unfairly disadvantages a particular group.
However, not every instance of unfair treatment amounts to unlawful discrimination. The conduct must fall within the scope of the Act, and certain statutory exceptions may apply.
A person who believes they have experienced unlawful discrimination can lodge a complaint with the Human Rights Commission. The Commission provides a free dispute resolution service, which may include mediation to help the parties reach an agreement.
Where a complaint cannot be resolved, proceedings may be brought before the Human Rights Review Tribunal, subject to the applicable statutory requirements.
The Tribunal can grant remedies including declarations of unlawful discrimination, damages for humiliation, loss of dignity and injury to feelings, compensation for financial loss, and orders requiring particular conduct to cease or corrective action to be taken.
In employment matters, a person may also have the option of pursuing a personal grievance under the Employment Relations Act 2000, although they cannot pursue both procedures in respect of the same matter.
Human rights claims can involve complex legal questions about whether particular conduct constitutes discrimination, whether an exception applies, and what remedies may be available. Obtaining legal advice at an early stage can help identify the appropriate legal grounds, assess the available evidence, and determine the most effective way to pursue a complaint or claim.
This article provides general information only and is not a substitute for legal advice about your particular circumstances.