43 Exceptions in relation to access by the public to places, vehicles, and facilities

(1)

Section 42 shall not prevent the maintenance of separate facilities for each sex on the ground of public decency or public safety.

(2)

Nothing in section 42 requires any person to provide for any person, by reason of the disability of that person, special services or special facilities to enable any such person to gain access to or use any place or vehicle when it would not be reasonable to require the provision of such special services or facilities.

(3)

Nothing in subsection (2) limits section 118 of the Building Act 2004.

(4)

Subject to subsection (5), nothing in section 42 shall apply where the disability of a person is such that there would be a risk of harm to that person or to others, including the risk of infecting others with an illness, if that person were to have access to or use of any place or vehicle and it is not reasonable to take that risk.

(5)

Subsection (4) shall not apply if the person in charge of the place, vehicle, or facility could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.

Compare: 1977 No 49 s 23(2)

Section 43(3): substituted, on 1 January 2002, by section 8 of the Human Rights Amendment Act 2001 (2001 No 96).

Section 43(3): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).