New Zealand Bill of Rights Act 1990, s 19(2); Human Rights Act 1993, ss 20L, 66, 73
The Bill of Rights contains the following exceptions, which allow the government and public bodies to discriminate on the illegal grounds in certain cases, or to otherwise act in discriminatory ways:
Reasonable and justifiable discrimination – The government and other public bodies can discriminate if the particular policy or practice that discriminates is reasonable and demonstrably justified in a free and democratic society. However, that exception doesn’t apply to the following areas, so in these areas the public sector is on the same footing as private businesses and individuals and can’t discriminate:
discrimination in employment
sexual harassment, racial harassment and inciting racial disharmony
victimising a person for exercising their rights under the Human Rights Act 1993 or under the Protected Disclosures Act 2000 (which protects whistle-blowers).
Affirmative action – The government and other public bodies can discriminate if the particular policy or practice is done in good faith to assist a group that has been disadvantaged by discrimination.