Guidelines on Insurance and the Human Rights Act 1993

One of the functions of the Human Rights Commission is to publish guidelines to avoid acts or practices that may be inconsistent with, or contrary to, the Human Rights Act(1). In 1997 the Commission published guidelines to assist the insurance industry and the public to understand the relationship between the Human Rights Act and insurance.

In 2006 the Commission decided to revise the guidelines, as a result of factors such as an increase in reported mental illness, developments in the area of human genetics, relevant case law from other jurisdictions and experience of the practical application of the legislation.

A review of the guidelines was undertaken during 2006-2007, and the revised guidelines published in December 2007.

To download a PDF version of the revised guidelines, please click here or here for a Word version.

Hard copies of the guidelines can be requested by contacting the Commission on 0800 496 877 or by emailing infoline@hrc.co.nz.

Please note there may be charges on bulk orders.

Insurance Guidelines Review

The review of the 1997 guidelines involved collaboration between the Commission, representatives of consumer groups, individuals and the insurance industry. Consultation was undertaken on a draft discussion document and on successive drafts, and the Commission received valuable input and assistance from a range of people who made submissions and shared their experiences and expertise.

The discussion paper released in October 2006 identified some of the key issues, including:

  • the difference between lawful and unlawful discrimination
  • what is meant by reasonable statistical or actuarial data, advice or opinion
  • what medical advice or opinion justifies different terms and conditions for insurance products
  • when exclusions or pre-existing conditions amount to refusal to insure
  • insuring mental disability
  • options for addressing potential genetic discrimination.

Public submissions or comments on the discussion paper were invited, and the Commission also met with a range of stakeholders including representatives of the industry, reinsurers, consumers, actuaries, underwriters, lawyers and advocacy groups.

You can download a full or summary version in PDF format by clicking here (895kb) for the full document or here (878kb) for the summary version. For the Large Format versions click here (Word 307kb) for the full version or here (Word 208kb) for the summary document.

To request a hard copy of the full or summary discussion paper, phone the Commission on 0800 496 877 or email infoline@hrc.co.nz

Note 1: Section 5(2)(e) HRA 1993

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