Anti-Discrimination Policy (New Zealand)
Workplace policy under the Human Rights Act 1993 and ERA 2000
Policy Header
ANTI-DISCRIMINATION AND HARASSMENT POLICY
Organisation: [Employer Name] Effective Date: [Effective Date] Policy Owner: [Policy Owner] Next Review: [Policy Review]
Statement and Scope
1. Policy Statement
[Policy Statement] This policy applies in conjunction with the Human Rights Act 1993, the Employment Relations Act 2000 (including ss.108–109 on sexual and racial harassment), the Equal Pay Act 1972, and the New Zealand Bill of Rights Act 1990.
2. Scope
[Policy Scope]
Prohibited Conduct
3. Prohibited Grounds
Discrimination and harassment on the following grounds is prohibited: [Prohibited Grounds]
4. Harassment
[Harassment Definition]
5. Examples of Prohibited Behaviour
[Prohibited Examples]
Complaints and Consequences
6. How to Make a Complaint
[Complaints Process]
7. External Complaints
[External Complaints]
8. Consequences of Breach
[Consequences]
9. Training
[Training Commitment]
10. No Retaliation
Retaliation against any person who raises a complaint in good faith under this policy is prohibited and will itself be treated as a serious disciplinary matter.
Employer / Authorised Representative
________________
Signature
What Is a Anti-Discrimination Policy (New Zealand)?
An Anti-Discrimination Policy in New Zealand sets the organisation's rules and expectations on anti-discrimination and the responsibilities of staff and users, supporting compliance with the Employment Relations Act 2000.
When Do You Need a Anti-Discrimination Policy (New Zealand)?
A Anti-Discrimination Policy is needed whenever parties in New Zealand wish to formalize their arrangement regarding employment relationships, workplace rights, and HR administration. There are numerous situations in which this document becomes essential for protecting the interests of all involved parties. In the employment context, you will typically need a Anti-Discrimination Policy when hiring new employees, when changing the terms of existing employment arrangements, when addressing workplace issues, or when managing the departure of staff members. Employers in New Zealand have specific legal obligations regarding employment documentation and record-keeping. You should also consider using a Anti-Discrimination Policy when there has been a change in circumstances that affects an existing arrangement, when you need to comply with new regulatory requirements, when you wish to update outdated documentation, or when professional advisors recommend formalizing certain aspects of your affairs. In New Zealand, maintaining current and accurate legal documentation is considered established standards and can help prevent costly disputes. It is generally advisable to prepare a Anti-Discrimination Policy before any issues arise, rather than trying to document terms after a dispute has already begun. Proactive documentation provides clarity and reduces the potential for misunderstandings. If you are unsure whether you need this document for your specific situation in New Zealand, consulting with a qualified legal professional can provide guidance tailored to your circumstances. The timing of executing a Anti-Discrimination Policy is also important. In New Zealand, certain documents must be executed before specific actions are taken or within prescribed time periods to be effective. Delaying the preparation of necessary legal documents can result in complications, lost rights, or additional costs. Therefore, it is recommended to prepare this document as early as possible once the need has been identified.
What to Include in Your Anti-Discrimination Policy (New Zealand)
A well-drafted Anti-Discrimination Policy for use in New Zealand should contain several essential elements to confirm it is legally effective and provides adequate protection for all parties. Party Identification: The document should clearly identify all parties involved, including their full legal names, addresses, and relevant identification numbers. For individuals in New Zealand, this may include identity card or passport numbers. For companies, registration numbers and registered addresses should be specified. Clear identification prevents disputes about who is bound by the agreement. Recitals and Background: The document should include background information explaining the context and purpose of the arrangement. This helps establish the parties' intentions and can be important in interpreting the terms of the document if any ambiguity arises later. The recitals section provides valuable context for the operative provisions that follow. Operative Terms: The core terms and conditions should be set out clearly and thoroughly. This includes the rights and obligations of each party, any conditions or prerequisites, the duration of the arrangement, and any limitations or restrictions. All key terms should be defined precisely to avoid ambiguity and potential disputes. Payment and Financial Terms: Where applicable, the document should specify any payments, fees, deposits, or other financial considerations. The amounts, currency (NZD), payment schedules, and methods of payment should be clearly stated. Any provisions for late payment, interest charges, or adjustments should also be included. Term and Termination: The document should specify its duration, including the start date, end date or conditions for expiry, and any provisions for renewal or extension. The circumstances under which either party may terminate the arrangement early should be clearly defined, along with any notice requirements and the consequences of termination. Dispute Resolution: The document should include provisions for resolving any disputes that may arise, such as negotiation, mediation, arbitration, or litigation. In New Zealand, parties may choose to specify the jurisdiction of New Zealand courts and the applicable law. Including a clear dispute resolution mechanism can save significant time and expense if disagreements occur. Governing Law and Jurisdiction: The document should specify that it is governed by the laws of New Zealand and that disputes shall be subject to the jurisdiction of New Zealand courts. This is particularly important in cross-border transactions or where parties are based in different jurisdictions. Signatures and Execution: The document must be properly signed by all parties or their authorised representatives. In New Zealand, certain documents may need to be witnessed, notarised, or executed as deeds to be legally effective. The date of execution should be clearly recorded, and each party should retain an original signed copy for their records. The forms-legal.com Anti-Discrimination Policy (New Zealand) provides a ready-to-use template that meets New Zealand legal requirements.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Anti-Discrimination Policy (New Zealand) (New Zealand) [Legal document template]. Forms Legal. https://forms-legal.com/new-zealand/employment/health-safety/anti-discrimination-policy-new-zealand
"Anti-Discrimination Policy (New Zealand) (New Zealand)." Forms Legal, 2026, https://forms-legal.com/new-zealand/employment/health-safety/anti-discrimination-policy-new-zealand.
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author = {{Forms Legal}},
title = {Anti-Discrimination Policy (New Zealand) (New Zealand)},
year = {2026},
howpublished = {\url{https://forms-legal.com/new-zealand/employment/health-safety/anti-discrimination-policy-new-zealand}},
note = {Free legal document template. Based on Employment Relations Act 2000}
}Also available for these jurisdictions:
Frequently Asked Questions
Under Part 2 of the Human Rights Act 1993 (HRA 1993), it is unlawful to discriminate in employment on 13 prohibited grounds: sex (including pregnancy and childbirth); marital status; religious belief; ethical belief; colour; race; ethnic or national origins; disability; age; political opinion; employment status; family status; and sexual orientation. The HRA 1993 covers direct discrimination (treating someone less favourably because of a protected characteristic) and indirect discrimination (applying a requirement that disadvantages people with a protected characteristic and is not justifiable). Discrimination may occur at any stage of the employment relationship, including recruitment, promotion, training, remuneration, terms and conditions, and termination. The Human Rights Commission Te Kāhui Tika Tangata enforces the HRA 1993 and can investigate complaints and helps resolution through mediation.
In New Zealand, discrimination and harassment are related but distinct concepts. Discrimination involves treating a person less favourably, or applying conditions that disadvantage them, on the basis of a protected characteristic under the Human Rights Act 1993. Harassment is a form of discrimination that involves unwanted conduct related to a protected characteristic that has the purpose or effect of creating an intimidating, hostile, degrading, humiliating, or offensive environment. Under the Employment Relations Act 2000, sexual harassment (s.108) and racial harassment (s.109) are specifically prohibited and give rise to a right to raise a personal grievance. The ERA 2000 defines sexual harassment as making a request for sexual activity or behaviour of a sexual nature which is unwelcome or offensive. Racial harassment is defined as using language or behaviour that is hurtful or offensive and relates to the race, colour, or ethnic or national origins of the person.
When a New Zealand employer receives a discrimination or harassment complaint, they must act promptly, fairly, and in accordance with their internal procedures and the good faith obligations under s.4 of the Employment Relations Act 2000. The employer should: acknowledge the complaint; notify the complainant of the process; appoint an appropriate person to investigate (ideally someone not directly involved); gather relevant information from both parties and any witnesses; keep the matter confidential as far as possible; make findings based on the available evidence; and take appropriate action based on the findings, including disciplinary action if warranted. The complainant must not face any retaliation for raising the complaint. If the complaint is upheld, appropriate remedies may include an apology, training, policy changes, and disciplinary action against the perpetrator. If unresolved internally, the complainant may refer the matter to the Human Rights Commission or raise a personal grievance under the ERA 2000.
Yes. Under New Zealand law, an employer may be vicariously liable for acts of discrimination or harassment committed by their employees in the course of their employment. Under the Human Rights Act 1993, anything done by a person in the course of their employment is treated as done by the employer as well, unless the employer took reasonably practicable steps to prevent the act. This means an employer who has a clear anti-discrimination policy, provides training, and takes prompt action when complaints are made is better placed to avoid or limit vicarious liability. Under the Employment Relations Act 2000, an employer may also be liable for failing to prevent or address sexual or racial harassment under ss.108–109. Having a effective anti-discrimination policy, training employees on it, and enforcing it consistently are the most effective ways for employers to manage this legal risk.
A Anti-Discrimination Policy (New Zealand) does not legally require a lawyer in New Zealand, and individuals and businesses may draft and execute the document independently. The Employment Relations Act 2000 does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified New Zealand lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The High Court of New Zealand has jurisdiction over disputes arising from this type of document, and Companies Office may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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