Human Rights Act 1993
New Zealand's Human Rights Act 1993 prohibits discrimination on the grounds of disability (among other grounds) in employment, education, provision of goods and services, and accommodation. It is enforced by the Human Rights Commission and the Human Rights Review Tribunal.
What the law requires
New Zealand's Human Rights Act 1993 (HRA) is the primary legislation addressing discrimination, including disability discrimination, in the private sector. It prohibits direct and indirect discrimination on 13 prohibited grounds, including disability, in the following areas:
Employment: Discrimination in job advertisements, applications, appointment, terms and conditions, training, promotion, demotion, transfer, redundancy, or dismissal. Employers must not discriminate and must provide reasonable accommodation (though the term used is "reasonable accommodation" in the sense of not requiring accommodation that would result in "serious disruption").
Education: Education establishments must not discriminate in enrolment, course access, or the provision of educational services on the basis of disability.
Provision of goods and services: Providers of goods and services to the public cannot discriminate against a person with a disability seeking those goods or services.
Accommodation: Landlords and accommodation providers cannot discriminate in making accommodation available or in the terms of that accommodation.
Indirect discrimination: The HRA prohibits requirements, conditions, or practices that have the effect of disadvantaging persons with disability at a greater rate than others, unless those are reasonable in the circumstances.
The Human Rights Commission promotes and protects human rights in New Zealand, provides information, investigates complaints, and facilitates resolution. It can also conduct inquiries and make recommendations to government.
The New Zealand Disability Strategy (not a law, but a government policy framework) provides a vision for a non-disabling society and guides government action on disability rights. It is informed by the CRPD, which New Zealand ratified in 2008.
Who it protects
Any person with a physical, sensory, mental, or intellectual disability, or whose disability is such that they require care and support. "Disability" includes past disability, future disability, and disability one is presumed to have.
Who must comply
Employers, education providers, goods and services providers, and accommodation providers in New Zealand's private sector. The New Zealand Bill of Rights Act 1990 and the Public Service Act govern the public sector, with the HRA also applying to public authorities in their commercial activities.
What it does NOT cover (common misunderstandings)
The HRA does not include a specific duty to provide reasonable accommodation in the way some other countries' laws do. The obligation is not to discriminate; accommodation requirements are addressed through the general principle that failure to accommodate can constitute discrimination.
New Zealand does not have a specific digital accessibility law analogous to Section 508. Government websites are expected to follow the Web Accessibility Standard (based on WCAG 2.1 AA) as a matter of government policy, but this is not a statutory requirement for private entities.
How to enforce your rights
File a complaint with the Human Rights Commission within 12 months of the act of discrimination. The Commission will attempt mediation. If unresolved, the complaint can be referred to the Human Rights Review Tribunal, which can award remedies including damages. There is no court filing fee for human rights complaints.
Recent updates
New Zealand conducted a review of its disability support system (the "Enabling Good Lives" initiative) and is in the process of disability system transformation, moving toward more individualised, self-directed funding similar to the Australian NDIS model. The Disability Support Services purchasing reform aims to give disabled people and their families more choice and control.