Current Version
| Region | New Zealand |
| Issue | LGBT employment discrimination |
| Status | Sexual orientation only |
| Start Date | Feb 1, 1994 |
| End Date | now |
| Description | The Human Rights Act 1993 prohibits discrimination in relation to employment and religious grounds, affirmed by section 19 of the NZ Bill of Rights Act 1990, which apply everywhere. However, protections only apply to those of heterosexual, homosexual, lesbian, or bisexual orientations, and currently gender identity is ambiguously regarded as being protected under the ground of sex. That has not been tested yet, and is prone to being interpreted otherwise. |
| Sources | Bill of Rights: http://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM224792 Human Rights Act 1993 (See Part 2): http://www.legislation.govt.nz/act/public/1993/0082/latest/whole.html#DLM304467 Lack of gender identity protections: http://www.nzlii.org/nz/journals/NZPubIntLawJl/2016/2.html |
Reports (4)
- Note field is incorrect "While the law as written is not very clear on protection against discrimination on the basis of gender identity, it is a bit misleading to indicate that protection for gender diverse people in New Zealand is ‘ambiguous’ and 'prone to being interpreted otherwise'. Although it is true that the written law can be interpreted in an ambiguous manner, it is explicitly stated by the NZ human rights commission (HRC) that legal protections with regards to sex includes gender identity [Source 1] and that this has been acknowledged in parliament since as early as 2005 [2]. The HRC also accepts claims of discrimination on the basis of gender identity [3]. The illegality of discrimination on the basis of gender identity is echoed by important legal support groups, including Community Law [4]. Finally, while admittedly described as "untested in court", the government webpage on employment states that "Prohibition of discrimination on the grounds of sex under the Human Rights Act 1993 is considered to include the grounds of gender identity" and provides specific information detailing that employers cannot discriminate based on gender orientation [5].
I would suggest a re-write along the lines of: “… currently gender identity is ambiguously regarded as being protected under the grounds of sex. That has not been tested in court, but is prone to being interpreted as being protective of gender identity, including explicit support from key legal agencies.”
Sources:
[1] https://tikatangata.org.nz/human-rights-in-aotearoa/rights-of-sexual-and-gender-minorities
[2] https://tikatangata.org.nz/our-work/prism-human-rights-issues-relating-to-sexual-orientation-gender-identity-and-expression-and-sex-characteristics-sogiesc-in-aotearoa-new-zealand
(please download the PDF or word version of the report, then search for “Commission has interpreted the Act”)
[3] https://www.stuff.co.nz/business/opinion-analysis/300860892/gender-identity-discrimination-and-employment-law
[4] https://communitylaw.org.nz/community-law-manual/test/race-gender-and-other-illegal-grounds-of-discrimination/
[5] https://www.employment.govt.nz/resolving-problems/types-of-problems/bullying-harassment-and-discrimination/discrimination-against-transgender-people/
Thank you for running this website by the way, it’s a great resource."
- Note field is incorrect "Crown Law clarified that sex includes gender and any gender under the Human Rights Act"
- Status is not correct "Case law states gender in the Human Rights Act includes gender identity i.e trans-gender and non-binary people are protected from discrimination in employment "
- Status is not correct "According to ChatGPT, denying someone a job because of their gender identity is illegal, and if it happens they can take it to The Human Rights Commission in New Zealand"
Revision History (5)
Revision by Ro_Guy
| Old Value | New Value (Current) | |
|---|---|---|
| Value | Sexual orientation and gender identity | Sexual orientation only |
Revision by Carolina2k22
| Old Value | New Value | |
|---|---|---|
| Value | Sexual orientation only | Sexual orientation and gender identity |
Revision by Carolina2k22
| Old Value | New Value | |
|---|---|---|
| Value | Sexual orientation and gender identity | Sexual orientation only |
| Description | The Human Rights Act 1993 prohibits discrimination in relation to employment and religious grounds, affirmed by section 19 of the NZ Bill of Rights Act 1990, which apply everywhere. However, protections only apply to those of heterosexual, homosexual, lesbian, or bisexual orientations, and currently gender identity is ambiguously regarded as being protected under the ground of sex. | The Human Rights Act 1993 prohibits discrimination in relation to employment and religious grounds, affirmed by section 19 of the NZ Bill of Rights Act 1990, which apply everywhere. However, protections only apply to those of heterosexual, homosexual, lesbian, or bisexual orientations, and currently gender identity is ambiguously regarded as being protected under the ground of sex. That has not been tested yet, and is prone to being interpreted otherwise. |
Show Difference | ||
| Sources | Bill of Rights: http://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM224792 Human Rights Act 1993 (See Part 2): http://www.legislation.govt.nz/act/public/1993/0082/latest/whole.html#DLM304467 | Bill of Rights: http://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM224792 Human Rights Act 1993 (See Part 2): http://www.legislation.govt.nz/act/public/1993/0082/latest/whole.html#DLM304467 Lack of gender identity protections: http://www.nzlii.org/nz/journals/NZPubIntLawJl/2016/2.html |
Show Difference | ||
Revision by Carolina2k22
| Old Value | New Value | |
|---|---|---|
| Description | NZ Bill of Rights prohibits discrimination in relation to employment and religious grounds, in conjunction with the Human Rights Act 1993 which applies everywhere. However, this only applies to heterosexual, homosexual, lesbian, or bisexual orientations, and currently gender identity is ambiguously regarded as being protected under the ground of sex. | The Human Rights Act 1993 prohibits discrimination in relation to employment and religious grounds, affirmed by section 19 of the NZ Bill of Rights Act 1990, which apply everywhere. However, protections only apply to those of heterosexual, homosexual, lesbian, or bisexual orientations, and currently gender identity is ambiguously regarded as being protected under the ground of sex. |
Show Difference | ||
Revision by Carolina2k22
| Old Value (Original) | New Value | |
|---|---|---|
| Description | NZ Bill of Rights forbids discrimination in relation to employment and religious grounds, in conjunction with the Human Rights Act 1993 which applies everywhere. | NZ Bill of Rights prohibits discrimination in relation to employment and religious grounds, in conjunction with the Human Rights Act 1993 which applies everywhere. However, this only applies to heterosexual, homosexual, lesbian, or bisexual orientations, and currently gender identity is ambiguously regarded as being protected under the ground of sex. |
Show Difference | ||
Reports (1)
- Status is not correct "Gender identity in the Human Rights Act 1993 is not a prohibited ground of discrimination, and sexual orientation only covers heterosexual, bisexual, lesbian and homosexual sexual orientations. Therefore sexual orientation is only partially protected, and gender identity is not protected."