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Although we have tried to use plain English content on the site, you may come across specialist terms and acronyms. Find out what they mean in our glossary of terms.
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New Zealand is situated in the South-West Pacific Ocean and consists of two main islands – the North and South Islands – and many other islands, covering a total area of 268,021 km². New Zealand’s total population is just over four million people (2006 Census). New Zealanders of European ethnicity comprise nearly 68% of the people living in New Zealand and 14.6% of people are Māori. The remainder of New Zealanders belong to the Asian ethnic group (9.9%), Pacific ethnic group (6.9%) and Middle East, Latin America and African ethnic groups (1%).[3] Reflecting this ethnic diversity, New Zealand is a country of many faiths, with a significant number (1.29 million) who profess no religion. In the 2006 Census, just over two million New Zealanders (55.6%) affiliated with a Christian denomination, 64,392 New Zealanders affiliated with Hinduism, 52,393 New Zealanders affiliated with Buddhism, and 36,072 New Zealanders affiliated with Islam.
New Zealand is party to most of the major international human rights instruments including ICCPR, ICESCR, ICERD, CEDAW, CAT, and CRC. New Zealand ratified the Convention on the Rights of Persons with Disabilities (CRPD) in September 2008.
New Zealand is party to the Optional Protocols of ICCPR, CEDAW, CAT and CRC. New Zealand signed the Second Optional Protocol to CRC in 2000 and ratification is being progressed. New Zealand supported the adoption of the Optional Protocol to ICESCR by the UN General Assembly in November 2008 and will consider ratification in due course along with the Optional Protocol to CRPD. New Zealand is not party to ICRMW[5], CED and the Convention relating to the Status of Stateless Persons. In September 2007, the previous Government did not support the adoption of the UN Declaration of the Rights of Indigenous Peoples (DRIP).[6] New Zealand also has reservations in place under ICESCR, ICCPR, CAT, and CRC.
New Zealand is party to a number of other UN and other instruments that involve human rights, including the Convention on the Prevention and Punishment of the Crime of Genocide and the Slavery Convention. New Zealand has ratified various ILO conventions and the Hague Conference on Private International Law conventions, and is party to most international humanitarian law instruments. New Zealand is party to the Rome Statute of the International Criminal Court and became party to the Convention on the Reduction of Statelessness in September 2006.[7]
New Zealand is a member of the Commonwealth, which has a strong commitment to the promotion and protection of human rights. As a founding member of the Pacific Islands Forum, New Zealand contributes to the strengthening of cultural diversity and human rights in the region.
New Zealand’s constitutional arrangements have evolved over many years and increasingly reflect regard for the Treaty of Waitangi as a founding document of modern Government in New Zealand. As noted by the UN Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people in 2005 and CERD in 2007, the Treaty is not a formal part of New Zealand’s domestic law. Treaty references and principles have been incorporated in different pieces of legislation. During the preparation of this report, Māori articulated a strong interest in giving greater emphasis to the Treaty in New Zealand’s constitutional arrangements. The Government will establish (no later than early 2010) a group to consider constitutional issues including Māori representation.
New Zealand’s constitutional framework also establishes New Zealand’s democratic parliamentary system of Government. The doctrine of separation of powers requires the legislature, executive and judiciary to be kept separate from each other to provide checks and balances within the system and to ensure accountability and impartiality. New Zealand’s constitutional arrangements are also based on the rule of law. The powers exercised by parliamentarians and officials are based on legal authority and there are minimum standards of justice to which the law must conform.top of page
The judiciary provides a check on the power of the executive by ensuring that it acts in accordance with the laws made by Parliament and the common law (or “judge-made law” accruing from fundamental legal principles and interpretation of statutes). However, the Courts cannot strike down any provision of an Act of Parliament (although they can strike down secondary legislation that is inconsistent with a provision of an Act of Parliament). The independence of the judiciary is an important principle of the New Zealand constitution, so freedom from political interference is an essential feature of the judiciary’s position.
New Zealand's first parliamentary elections were held in 1853, with universal suffrage by the end of the nineteenth century. Under the Electoral Act 1993, New Zealand now has a Mixed Member Proportional (MMP) electoral system, where voters have a party vote and an electorate vote. Under MMP there will usually be 120 Members of Parliament (MPs). Four Māori electorate seats were established in 1867 to ensure Māori representation in Parliament. Since 1996, the number of Māori seats has been set according to the number of people on the Māori electoral role and currently there are seven Māori electorate seats. Māori have the choice of enrolling to vote at parliamentary elections on a Māori roll or a General roll. Following the 2008 general election, there are now 20 MPs who identify as Māori (16% of all 122 MPs in Parliament), five MPs of Pacific descent and six MPs of Asian descent.[9] There are now 41 women MPs in the current Parliament (34% of all 122 MPs in Parliament).
In addition to English, the official languages of New Zealand and Parliament are Māori (from 1987) and New Zealand Sign Language (from 2006).
Special constitutional relationships exist between New Zealand and the Cook Islands, Niue and Tokelau (covered in Annex A). The Cook Islands became self-governing in free association with New Zealand in 1965 and Niue followed in 1974. Both countries have the power to make their own laws and enter into treaties including international human rights instruments. The Cook Islands is party to CEDAW and its Optional Protocol and CRC.[10] Niue is party to CRC. They are responsible for the implementation of their international human rights obligations. Since 1988, treaties entered into by the New Zealand Government have not been regarded as extending to the Cook Islands or Niue unless expressly stated. Prior to 1988, New Zealand treaty action extended the application of a number of human rights instruments to the Cook Islands and Niue, including ICCPR and its first Optional Protocol, ICESCR, CERD and CEDAW (for Niue only).
For an international agreement to have domestic effect in New Zealand, either its provisions must be reflected in New Zealand’s existing law or new legislation must be enacted by Parliament. Before becoming a party to an international human rights instrument, the Government reviews New Zealand’s domestic law, policy and practice to see what additional legislation or amendments to existing legislation would be required to ensure the full and effective implementation of the agreement in New Zealand. New Zealand’s international human rights obligations also influence the jurisprudence of New Zealand courts when it comes to interpreting a statutory provision.
A number of UN treaty-body mechanisms and the NZHRC have expressed concern that New Zealand does not have an over-arching or an entrenched constitution that protects human rights in New Zealand. They have also commented on the lack of legislative protection for certain rights, particularly economic, social and cultural rights. The UN Human Rights Committee has expressed concern that it is possible to enact legislation incompatible with the provisions of the New Zealand Bill of Rights Act 1990.top of page
New Zealand Bill of Rights Act 1990 (BORA)
The BORA is designed to affirm, protect and promote human rights and fundamental freedoms in New Zealand, as well as affirm New Zealand’s commitment to ICCPR. The Attorney-General is required to bring to Parliament’s attention any provision of proposed legislation that appears to be inconsistent with any of the rights or freedoms contained in the BORA. The Court of Appeal has also held that an action against the Crown for damages is available in respect of breaches of rights and freedoms in the BORA.
Human Rights Act 1993
The Human Rights Act 1993 prohibits discrimination in New Zealand. The Act sets out thirteen prohibited grounds of discrimination including: sex, marital status, religious belief, ethical belief, colour, race, ethnic or national origin, disability (including the presence in the body of organisms capable of causing illness), age, political opinion, employment status, family status and sexual orientation. The age-discrimination provisions of the Act relate to people aged sixteen years or older.
The Human Rights Amendment Act 2001 introduced significant changes to the Human Rights Act 1993 including inter alia: making Government activity (except in relation to employment, sexual or racial harassment and victimisation, which are subject to the general provisions of Part 2 of the Act) subject to the discrimination standard in section 19(1) of the BORA; institutional reform of the NZHRC and requiring the NZHRC to develop a New Zealand Action Plan for Human Rights (NZAPHR); the establishment of an independent Office of Human Rights Proceedings to undertake discrimination cases with public funding; and granting the Human Rights Review Tribunal (HRRT) the ability to make declarations of inconsistency in respect of discriminatory legislation.
Individuals who consider that any of their rights under the BORA have been infringed can bring an action against the Government. A number of remedies are available, including the ability to award damages or compensation and to exclude evidence obtained in breach of a right guaranteed by the BORA. New Zealand courts can also order a stay in proceedings where there has been a delay of such a length that it constitutes a breach of section 25 (b) of the BORA (the right to be tried without undue delay).
As noted above, individuals can also make complaints of unlawful discrimination under the Human Rights Act 1993 through the NZHRC’s complaints mechanism. If the NZHRC’s dispute resolution process fails or is inappropriate, complainants may take their case to the HRRT for adjudication. The Director of Human Rights Proceedings, which was established in January 2002, provides legal representation for people (who qualify) who have complained of breaches of the Human Rights Act 1993 so that they can take their case to the HRRT. Since 1980, 773 claims have been registered with the HRRT.[11]
The NZHRC was established in September 1978. It is an independent national human rights institution (NHRI) with “A” status accreditation from the International Co-ordinating Committee of National Human Rights Institutions. The NZHRC derives its statutory mandate from the Human Rights Act 1993 to protect human rights. It has a wide range of functions and powers including:
The NZHRC also has the mandate to help resolve disputes relating to unlawful discrimination and delivers human rights education to a wide range of civil society, public and private organizations. The NZHRC has offices in three main cities in New Zealand.
The Ombudsman is an independent investigator who investigates complaints about the administrative acts and decisions of central and local Government agencies. The Ombudsman also has an important role in investigating complaints about the decisions of Government ministers and central and local Government agencies on requests for official information under the Official Information Act 1982.
The Office of the Privacy Commissioner was established in 1993. It has a wide range of functions, including investigating complaints about breaches of privacy, running education programmes. The Office also examines proposed legislation and how it may affect individual privacy. top of page
The Children’s Commissioner was established in 1989 to advocate for the wellbeing of all children and young people up to eighteen years old including promoting their participation in decision-making processes, raising awareness of children’s interests, rights and welfare and monitoring the application of CRC in Government agencies and entities.
The Families Commission was established in 2003 to provide a voice for New Zealand families to promote a better understanding of family issues and needs among Government agencies and the wider community. The Act defines family as any two or more people living together. This broad definition ensures that the Families Commission advocates for the interests of all families, regardless of their marital status, gender, or circumstances.
The Health and Disability Commissioner, established in October 1994, is responsible for promoting and protecting the rights of consumers using health and/or disability services and the resolution of complaints. The rights are outlined in the Code of Health and Disability Services Consumers' Rights [external link]. All providers of health care and disability services are required to uphold them. Claims for a breach of the Code may also be taken to the HRRT by the Director of Proceedings or the aggrieved person in certain circumstances.
Under the Independent Police Conduct Authority Act 1988, the Independent Police Conduct Authority (IPCA) is a civilian oversight body concerned with misconduct or neglect of duty by the Police. It also investigates incidents where death or serious bodily harm has occurred in the course of Police carrying out their duties, and it investigates allegations of serious misconduct reported by the Commissioner of Police. The Authority operates independently of the Police.
The Executive (New Zealand Cabinet) requires that all papers seeking the decisions of Cabinet to contain a statement on their human rights implications, addressing consistency with the BORA and the Human Rights Act 1993. Relevant Cabinet papers are also required to have a separate statement on gender implications and a disability perspective.
[3] Please note that people can choose to identify with more than one ethnic group in New Zealand, so the figures do not add up to 100%.
[4] For more information on New Zealand’s position in relation to human rights instruments see New Zealand Handbook on International Human Rights, New Zealand Ministry of Foreign Affairs and Trade, May 2008 and New Zealand’s Core Document (HRI/CORE/NZL/2006) of 26 October 2006.
[5] A/HRC/WG.6/5/NZL/2 incorrectly states that New Zealand signed the ICRMW in 2007.
[6] A copy of New Zealand’s Explanation of Vote of 13 September 2007, which sets out why New Zealand did not support the adoption of the DRIP, is available on this website.
[7] New Zealand is also party to three other key instruments proscribing slavery including the International Convention for the Abolition of Slavery and the Slave Trade (1926); the Protocol amending the Slavery Convention signed at Geneva on 25 September 1926, with Annex (1953); and the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery (1956).
[8] This section draws on the Rt. Hon. Sir Kenneth Keith’s, “On the Constitution of New Zealand: An Introduction of the Foundations of the Current Form of Government”, (1990, updated 2008) in The Cabinet Manual and New M. S. R. Palmer’s, “What is New Zealand’s constitution and who interprets it? Constitutional realism and the importance of public office-holders”, (2006) 17 Public Law Review 133.
[9] The Parliamentary Library Research Paper, Final Results for the 2008 New Zealand General Election, 2009.
[10] The Cook Islands acceded to CEDAW in its own right on 11 August 2006 and it subsequently submitted its Initial Report on CEDAW in September 2006. The Government met with the CEDAW Committee in August 2007. The outcomes of the dialogue with the CEDAW Committee have been developed into a National Action Plan by the Gender and Development Division. It is envisaged that the plan will be implemented from 2008-2011 with the assistance of donor partners such as UNDP and NZAID. The Plan recommends legislative and policy changes. Prior to its meeting with the Committee, the Cook Islands withdrew all of its reservations to CEDAW on 30 July 2007. The Cook Islands also acceded to the CEDAW Optional Protocol and to the amendment to article 20 paragraph 1 of CEDAW on 27 November 2007 and withdrew all of its reservations to CEDAW. The Cook Islands has just completed its Initial Report on the Convention on the Rights of the Child (CRC) and will soon submit this to the CRC Committee in Geneva within the next month. The Cook Islands has withdrawn its reservation to article 37 of the CRC on 25 March 2009.
[11] Please refer to the following website: www.nzlii.org
