New Zealand Legislation: Acts

12 Discrimination to be unlawful act

• (1) Each of the following is hereby declared to be an unlawful act:

  • (a) Discrimination against any person in respect of the grant, continuance, extension, variation, termination, or renewal of a tenancy agreement in contravention of the Human Rights Act 1993; and

  • (b) The giving of an instruction or the stating of an intention in contravention of subsection (2) of this section.

  (2) A landlord shall not, in respect of the grant, continuance, extension, variation, termination, or renewal of a tenancy agreement,—

  • (a) Instruct any person to discriminate against any other person in contravention of the Human Rights Act 1993; or

  • (b) State an intention (whether by advertisement or otherwise) to discriminate against any person in contravention of that Act.

  (3) Nothing in section 21(1)(k) of the Human Rights Act 1993 shall apply to the termination of a service tenancy on the ground that the tenant has ceased to be, or is about to cease to be, employed by the landlord or (where the landlord is a company) by an associated company (within the meaning of section 2(2) of this Act).

  (4) In this section tenancy agreement includes a prospective tenancy agreement, regardless of whether or not a tenancy is granted.

  Compare: 1952 No 51 ss 33A, 33B; 1955 No 50 s 52; 1965 No 16 s 2; 1973 No 26 s 24; 1977 No 119 s 2; Residential Tenancies Act, 1978-1981 (South Australia), s 58

  Subsection (5) was amended, as from 1 February 1994, by section 145 Human Rights Act 1993 (1993 No 82).

  Section 12 was substituted, as from 1 May 1996, by section 5(1) Residential Tenancies Amendment Act 1996 (1996 No 7).