There is no current legislation in New Zealand dealing directly with the issue of genetic discrimination, but there is some relevant law. The Human Rights Act 1993 section 21(h) makes it illegal to discriminate based on disability, but does not specify how genetics might fit into this framework. The Ministry of Health has found that New Zealand ‘lacks an overall framework’ and legislation is patchy and not easily understood.[1] Accordingly, it is not specifically illegal to discriminate on the basis of genetic information currently. In 2004 the Human Rights Commission stated that there is ‘potential for discrimination on the basis of genetic testing and our current laws may not be adequate to protect against this’.[2]
The insurance industry has formulated policy limiting the use of genetic testing. An industry-led moratorium prevents insurers asking for genetic tests as a pre-condition of acquiring insurance.[3] Insurers are still able to ask for the results of genetic tests previously carried out, in order to reduce potential adverse selection. Other fields, such as employment and education, do not have such policy. The lack of policy may be because the issue does not fall under a single government department, but is rather a multi-faceted issue. It falls into human rights policy (as is shown by the engagement of the Human Rights Commission) and science policy generally, and also more specific areas such as health and education policy. There are conflicting opinions and desired outcomes, and a lack of leadership within Government. It may also be that genetic discrimination is not considered to be a significant issue in New Zealand.
Policy around the World
[1] Ministry of Health, “Review of the Regulation of Human Tissue and Tissue-Based Therapies: Discussion Document,” (Wellington: Ministry of Health, 2004), 22.
[2] Human Rights Commission, “Human Rights in New Zealand Today: Summary of conclusions.” (Human Rights Commission, September 2004).
[3] Human Rights Commission, “Guidelines: Insurance and the Human Rights Act 1993.” (Human Rights Commission, December 2007): 14.