What the law says
The Human Rights Act 1993 applies to job advertisements, application forms, interviews, selection and job offers. Under it, discrimination in employment is unlawful on the prohibited grounds, which include (per Employment NZ): age, race or colour, ethnicity or national origins, sex (including pregnancy or childbirth), sexual orientation, disability, religious or ethical belief, marital or family status, employment status, political opinion and being affected by family violence. Employment NZ explains that employers generally can't ask about a prohibited ground because it usually has nothing to do with doing the job.
What employers can and can't ask
| Topic | Generally not OK to ask | OK to ask |
|---|---|---|
| Age | 'How old are you?', 'When did you graduate?', 'Don't you think you're overqualified at your age?' | 'Are you legally able to work in NZ?' |
| Family | 'Are you planning children?', 'Who looks after your kids?', 'Are you married?' | 'Can you work the hours/shifts this job requires?' |
| Religion | 'What church do you attend?' | 'Can you work Saturdays?' only if the role genuinely requires it, and be ready to accommodate |
| Ethnicity / national origin | 'Where are you really from?', 'Is English your first language?' | 'Can you communicate in English at the level this role requires?' |
| Disability or health | 'Do you have any health conditions?', 'Have you ever had mental illness?' | 'Can you perform the essential duties of the job, with any reasonable adjustments?' |
| Sexual orientation / gender | 'Do you have a boyfriend/girlfriend?' | Nothing |
| Politics / union | 'Are you in a union?', 'Who do you vote for?' | Nothing |
| Criminal record | Spent / eligible convictions under the Clean Slate Act | Relevant convictions for roles where it matters (with consent and a fair process) |
Some exceptions exist. For example, a genuine occupational qualification may apply to age (e.g. an actor playing a child) and there are special rules for some roles (security, working with children). Health questions are permitted if the role has inherent requirements, e.g. fitness for emergency work, as long as the employer considers reasonable adjustments.
How to respond if you're asked
You have options. Choose what feels comfortable and safe for the situation.
- Answer the underlying concern: they may be worried about reliability, hours or commitment, not about the ground itself.
- Politely deflect and redirect.
- Politely decline to answer.
- Note it afterwards, with the date, who asked and exact words, in case you want to complain.
Family questions
"I'm able to commit to the hours this role requires and my arrangements are well in hand. Can I tell you about my attendance record at my last job?"
Age or 'overqualified' comments
"I understand the concern. I'm motivated by this role because [reason], I'm comfortable reporting to someone younger, and I keep my skills up to date: I recently completed [course] and use [software] every day. I'd be happy to commit for at least [X] years."
Politely declining
"I'd prefer to keep that private, but I'm happy to talk about how I can do the job's tasks."
Health
"I can carry out all the essential duties of the role. If I need anything, I'll let you know."
Age: older and younger job seekers
- Ageism is real in both directions. Older candidates are sometimes seen as expensive or inflexible; young candidates as inexperienced or unreliable. Counter it with evidence of current skills, flexibility and results.
- Leave graduation dates and years of early jobs off your CV; show the last 10-15 years in detail.
- Use modern tools: current email address (not a legacy ISP), LinkedIn, current software.
- Ads asking for 'young and energetic' or 'recent graduates only' may breach the Act.
- For young people, the Youth Guarantee, Tahatū and local youth services (MSD youth services) can help with first jobs.
- Older workers: Seniors services, Work and Income's 50+ help via work brokers, and Mana in Mahi/Flexi-wage can apply. See the older workers guide.
If you think you were discriminated against
- Write down what happened, when, and who was there. Keep the ad, emails and application form.
- Free help: the Human Rights Commission (0800 496 877) provides a free dispute resolution service. Check tikatangata.org.nz for the current process.
- Employment NZ (0800 20 90 20) can explain options. If you are an employee, a personal grievance for discrimination must be raised within 90 days.
- Community Law centres and CAB can give free advice (CAB 0800 367 222).
- A complaint can go to the Human Rights Review Tribunal if mediation does not resolve it.
Sources
- Employment NZ: Discrimination (opens in a new tab)
- Employment NZ: Personal grievances (opens in a new tab)
General information only. Confirm with the agency for your situation. Spotted something out of date? Email help@unemployed.nz.