Non-discrimination and minority rights (1) Everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993. (2) Measures taken in good faith for the purpose of assisting or advancing persons or groups of persons disadvantaged because of discrimination that is unlawful by virtue of Part 2 of the Human Rights Act 1993 do not constitute discrimination.
This right is about being treated equally – everyone is equal before the law.
This provision works together with the Human Rights Act to promote fairness and equality. It says everyone has the right to be free from discrimination on the grounds set out in the Human Rights Act, such as race, sex, age, disability, or religion.
The State must treat people fairly and cannot pass rules that unfairly target certain groups. For example, the government cannot pass a law excluding people from services because of their ethnicity.
While ‘equal before the law’ means everyone gets the same treatment, sometimes partnership and protection, or ‘substantive equality’ is necessary to go some way to remedy past wrongs. For instance, Treaty of Waitangi rights acknowledge historical grievances and the unique status of Māori, requiring different treatment to fulfil Treaty promises and ensure more equal outcomes, not just equal process.
In another example, the Royal Commission of Inquiry into Abuse in Care made over 200 recommendations including apologies and support for survivors to try and achieve some redress for people who had been tortured and sexually abused as children in State care.