(1) For the purposes of this Act, the prohibited grounds of discrimination are—
(a) Sex, which includes pregnancy and childbirth:
(b) marital status, which means being—
(i) single; or
(ii) married, in a civil union, or in a de facto relationship; or
(iii) the surviving spouse of a marriage or the surviving partner of a civil union or de facto relationship; or
(iv) separated from a spouse or civil union partner; or
(v) a party to a marriage or civil union that is now dissolved, or to a de facto relationship that is now ended:
(c) Religious belief:
(d) Ethical belief, which means the lack of a religious belief, whether in respect of a particular religion or religions or all religions:
(e) Colour:
(f) Race:
(g) Ethnic or national origins, which includes nationality or citizenship:
(h) Disability, which means—
(i) Physical disability or impairment:
(ii) Physical illness:
(iii) Psychiatric illness:
(iv) Intellectual or psychological disability or impairment:
(v) Any other loss or abnormality of psychological, physiological, or anatomical structure or function:
(vi) Reliance on a guide dog, wheelchair, or other remedial means:
(vii) The presence in the body of organisms capable of causing illness:
(i) Age, which means,—
(i) For the purposes of sections 22 to 41 and section 70 of this Act and in relation to any different treatment based on age that occurs in the period beginning with the 1st day of February 1994 and ending with the close of the 31st day of January 1999, any age commencing with the age of 16 years and ending with the date on which persons of the age of the person whose age is in issue qualify for national superannuation under section 7 of the New Zealand Superannuation and Retirement Income Act 2001 (irrespective of whether or not the particular person qualifies for national superannuation at that age or any other age):
(ii) For the purposes of sections 22 to 41 and section 70 of this Act and in relation to any different treatment based on age that occurs on or after the 1st day of February 1999, any age commencing with the age of 16 years:
(iii) For the purposes of any other provision of Part 2 of this Act, any age commencing with the age of 16 years:
(j) Political opinion, which includes the lack of a particular political opinion or any political opinion:
(k) Employment status, which means—
(i) Being unemployed; or
(ii) Being a recipient of a benefit under the Social Security Act 1964 or an entitlement under the Injury Prevention, Rehabilitation, and Compensation Act 2001:
(l) Family status, which means—
(i) Having the responsibility for part-time care or full-time care of children or other dependants; or
(ii) Having no responsibility for the care of children or other dependants; or
(iii) Being married to, or being in a civil union or de facto relationship with, a particular person; or
(iv) Being a relative of a particular person:
(m) Sexual orientation, which means a heterosexual, homosexual, lesbian, or bisexual orientation.
(2) Each of the grounds specified in subsection (1) of this section is a prohibited ground of discrimination, for the purposes of this Act, if—
(a) It pertains to a person or to a relative or associate of a person; and
(b) It either—
(i) Currently exists or has in the past existed; or
(ii) Is suspected or assumed or believed to exist or to have existed by the person alleged to have discriminated.
Subsection (1)(b) was substituted, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3).
Subsection (1)(i) was amended, as from 21 April 2005, by section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42) by substituting “New Zealand Superannuation and Retirement Income Act 2001”
for “New Zealand Superannuation Act 2001”
.
Subsection (1)(i)(i) was amended, as from 12 October 2001, by section 77 New Zealand Superannuation Act 2001 (2001 No 84) by substituting, the words “under section 7 of the New Zealand Superannuation Act 2001”
for “under section 3 of the Social Welfare (Transitional Provisions) Act 1990”
.
Subsection (1)(k)(ii) was substituted, as from 1 July 1999, by section 415(1) Accident Insurance Act 1998 (1998 No 114).
Subsection (1)(k)(ii) was amended, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49) by substituting “the Injury Prevention, Rehabilitation, and Compensation Act 2001”
for “the Accident Insurance Act 1998”
. See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insurance. See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.
Subsection (1)(l)(iii) was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting “civil union or de facto relationship”
for “relationship in the nature of a marriage”
.