A man who relies on a disability assist dog and a Wellington restaurant (the Restaurant) have settled their discrimination dispute (the Dispute).

The Dispute stemmed from the Restaurant’s refusal to provide the man lunch indoors while accompanied by his disability assist dog.

Director of Human Rights Proceedings, Michael Timmins, says the Restaurant acknowledged in writing that it discriminated against the man and apologised for breaching the Human Rights Act 1993. It also paid the man $3,500 as compensation for humiliating him, eroding his dignity, and injuring his feelings.

“Notably, the Restaurant accepted that the term ‘guide dog’ used to describe ‘disability’ in the Human Rights Act includes disability assist dogs as defined in the Dog Control Act 1996.”

The Restaurant will complete anti-discrimination training with current employees, and new employees as part of their induction programme.

“This settlement is a timely reminder to service providers, including those in the hospitality industry, that the Human Rights Act requires them to reasonably accommodate customers with a disability. Such accommodation is not a ‘nice-to-have’ but a legal obligation.”

Reasonable accommodation, Mr Timmins adds, “… often costs businesses little or nothing. It can be as simple as changing attitudes, adjusting how they communicate with customers, or making existing facilities accessible. Some of these solutions are common courtesy. At other times businesses may need to redesign their systems and practices to accommodate persons with disabilities.”

The parties’ identities are confidential.

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