Human Rights Act 1993 + RTA 1986
Tenancy discrimination — what's prohibited in NZ
A landlord cannot refuse to rent to you or treat you less favourably because of who you are. Here are the prohibited grounds and your options.
📋 Human Rights Act 1993 — prohibited grounds in accommodation
Prohibited grounds
- Sex (including pregnancy)
- Marital status
- Religious or ethical belief
- Colour, race, or ethnic/national origin
- Disability
- Age (16+)
- Political opinion
- Employment status
- Family status — including having children
- Sexual orientation
What counts as discrimination
- Refusing to rent based on a prohibited ground
- Setting different terms or conditions
- "No children" advertisements or policies
- Treating an existing tenant differently
- Terminating because of a prohibited ground
Children and families
Refusing children is usually unlawful
Refusing to rent because someone has children is discrimination on the ground of family status. "No children" policies are generally unlawful under the Human Rights Act.
What to do
Human Rights Commission
Complain at hrc.co.nz or 0800 496 877. Free mediation available. Unresolved complaints go to the Human Rights Review Tribunal.
Source: Human Rights Act 1993; RTA 1986. HRC:
hrc.co.nz. General information only.
Frequently asked questions
Can a landlord refuse someone on a benefit?
Refusing solely because of employment status is discrimination. Landlords can set income requirements — but the reason for refusal is what matters.
Can a landlord require credit checks?
Yes. But they cannot refuse based on a prohibited ground even when framed as a credit check outcome.
What about subtle discrimination — hard to prove?
The HRC will investigate. Circumstantial evidence — like renting to the next applicant without the same characteristic — can support a complaint.
Can body corporates restrict pets?
Body corporate rules are governed by the Unit Titles Act — separate from HRA family status provisions.