Under the Human Rights Act 1993 (amended 2001), employers must not discriminate against employees or job applicants on grounds of disability (s22). This applies to all employers, regardless of size. “Disability” covers any physical, sensory, intellectual, mental or neurological impairment that may disadvantage someone at work. While the Act refers to “special measures,” New Zealand’s Human Rights Commission uses the term workplace adjustments to describe changes that remove barriers for disabled staff.
Employers have a duty under the Human Rights Act 1993 (s22) to consider requests for workplace adjustments. Common steps include offering flexible start and finish times, modifying job duties, providing assistive equipment (for example voice-to-text software), and making physical alterations such as installing ramps or accessible workstations.
There is no fixed statutory deadline for responding to a workplace adjustments request, but the Human Rights Commission recommends acknowledging a request within 10 working days. Employers should engage in an open dialogue, asking questions about the functional impact of the disability, and document each stage. Secure storage of medical information must comply with the Privacy Act 2020.
An employee who feels their employer has improperly declined or ignored a workplace adjustments request can lodge a complaint with the Human Rights Commission (s83 of the Human Rights Act 1993). The Commission offers free conciliation. If conciliation does not resolve the issue, the case may proceed to the Human Rights Review Tribunal. The Tribunal can award remedies such as compensation for humiliation, lost wages, or order policy changes. Failure to comply with Tribunal orders can lead to fines.
Managing workplace adjustments requests under Human Rights Act 1993 (amended 2001) can be complex—multiple forms, strict timelines, and cross-team coordination all add burden.
Disclo centralizes every case in one dashboard:
Ready to streamline your New Zealand workplace adjustments workflow? Request a demo today.
Publish a clear workplace adjustments policy that explains who can request changes, how to raise a request, and who is responsible for decisions.
Train line managers to treat every request respectfully and to start the conversation without delay.
Keep all correspondence and decisions in one secure system. This not only aids internal tracking but also shows good faith if the Human Rights Commission asks for details later.
Avoid asking for unnecessary medical detail. Focus on what tasks the employee can’t do and how adjustments could help.
Check in with employees after adjustments are in place. Small tweaks can make a big difference to comfort and productivity.
