Jobs, shops, flats and other areas of life where discrimination is illegal
Shops, banks and other businesses
It’s illegal for a business to refuse to deal with you or to treat you less favourably than other people on any of the illegal grounds of discrimination. This includes not just shops but also banks, loan companies, and finance or insurance companies.
It’s also illegal for any business to refuse to let you enter their premises if it’s a place that’s otherwise open to the public – like a cinema or bus.
Exceptions that allow discrimination by shops and businesses
Human Rights Act 1993, ss 43, 45–52
There are many exceptions in this area. These are some of them:
- Disabilities – Facilities and services don’t have to be provided in special ways for people with disabilities if it would be unreasonable to require this. It’s also legal to refuse access to a person with a disability if their disability presents a risk (including a risk of infection) to that person or others, but not if the risk can be reduced to a normal level without unreasonable disruption. For more information, see the chapter “Disability rights”, under “Access to shops, transport and other services”.
- Insurance – Insurance companies can discriminate on the basis of sex, disability or age.
- Lower charges – A person can be charged less for goods and services on the basis of their age, disability or employment status. (This is positive discrimination.)
COVID-19: Access to services
- supermarkets, dairies and food banks
- pharmacies
- petrol stations
- public transport services (except air travel)
- essential health services, like primary care services, specialist clinics, laboratories and imaging services, public and private hospitals, maternity care, hospice services, oral healthcare services, mental health care services, ambulances and emergency care;
- aged residential care services
- public housing, social housing and emergency housing
- out of school care and recreation.
The COVID-19 Protection framework allows some shops and businesses to require you to show you have a vaccine pass before entering the shop or premises. Vaccine passes are documents issued by the Ministry of Health. You can only get a vaccine pass if you have been vaccinated or are exempt from being vaccinated.
Some places and activities are not allowed to use vaccine passes. You don’t need to show a vaccine pass for business or activities who provide essential services.
Essential services that should never ask for a vaccination pass include:
To check the what places can ask you to have a vaccine pass before entering, visit www.covid19.govt.nz/traffic-lights/covid-19-protection-framework
