a way that address the needs and situations of people with disabilities. New Zealand ratified the Optional Protocol to the CRPD on 4 October 2016. National legislation The New Zealand Bill of Rights Act 1990 The New Zealand Bill of Rights Act 1990 (NZ BORA) aimed to affirm, protect and promote human rights and fundamental freedoms in New Zealand. In addition, the NZ BORA affirms New Zealand’s commitment to the ICCPR and provides the right to be free from disability discrimination on the grounds stated in the Human Rights Act 1993. Despite propositions that the NZ BORA has obtained 'constitutional status', it is not supreme law, and it can still be overridden by Acts of the Parliament. The Human Rights Act 1993 Section 21(1)(h) of the Act makes discrimination based on disability, without lawful justification, unlawful. Section 21(1)(h) of the act defines disability as: Physical disability or impairment Physical illness Psychiatric illness Intellectual or psychological disability or impairment Any other loss or abnormality of psychological, physiological, or anatomical structure or function Reliance on a guide dog, wheelchair, or other remedial means The presence in the body of organisms capable of causing illness (such as HIV or hepatitis) Disability rights issues in New Zealand Unlawful Discrimination Discrimination happens when a person is treated unfairly or less-favourably than other people in the same or similar circumstances. Discrimination can also occur against the relatives and associates of the people with disabilities. Discrimination is only unlawful if it happens in one of the areas of activity set out in the Act, including employment, education, or government activity. The New Zealand Human Rights Commission provided a formula to help determine whether an activity or a practice amounts to unlawful discrimination. The following components must be present for the discrimination to be unlawful: Ground + area + disadvantage + absence of exception or justification = unlawful discrimination. Lawful Discrimination Lawful justifications of discrimination based on disability exist as well. In relation to employment, a person with a disability can be treated differently if he or she can not perform duties without the help of special services that are unreasonable to expect from the employer. In addition, if the environment where duties are performed poses an unreasonable risk to the person with disability or to those around them, including the risk of infecting others with an illness, then this is considered a lawful justification for discrimination as