Human rights in New Zealand

Human rights in New Zealand are addressed in the various documents which make up the constitution of the country. Specifically, the two main laws which protect human rights are the New Zealand Human Rights Act 1993 and the New Zealand Bill of Rights Act 1990. In addition, New Zealand has also ratified numerous international United Nations treaties. The 2009 Human Rights Report by the United States Department of State noted that the government generally respected the rights of individuals, but voiced concerns regarding the social status of the indigenous population.

History Universal suffrage for Māori men over 21 was granted in 1867, and extended to European males in 1879. In 1893, New Zealand was the first self-governing nation to grant universal suffrage; however, women were not eligible to stand for parliament until 1919.

A distinctive feature of New Zealand's electoral system is a form of special representation for Māori in parliament. Initially considered a temporary solution on its creation in 1867, this separate system has survived debate as to its appropriateness and effectiveness. Critics have described special representation as a form of apartheid. In 1992, when the Royal Commission on the Electoral System recommended the abolishment of the separate system, strong representations from Māori organisations resulted in its survival.

Human rights in New Zealand are addressed in the constitution. In addition, New Zealand has also ratified numerous international treaties as part of the United Nations. The 2009 Human Rights Report by the United States Department of State noted that the government generally respected the rights of individuals, but voiced concerns regarding the social status of the indigenous population.

In May 2009, for the first time New Zealand prepared a national Universal Periodic Review (UPR) at the United Nations Human Rights Council in Geneva, Switzerland. During this peer review process many countries praised New Zealand's human rights record and identified that the perception of New Zealand as a comparatively fair and equal society is crucial to its international reputation. Areas where the nation was directed to make improvements include disparities experienced by Māori as demonstrated by key social and economic indicators and the extent of family violence and violence against women and children.

International treaties

Having joined the United Nations in 1945, New Zealand has ratified seven of the nine core key human rights treaties, namely ICERD, ICCPR, ICESCR, CEDAW, CRC, CAT and CRPD.UN Treaty Collection: New Zealand

In 2009 New Zealand was seeking a position on the United Nations Human Rights Council. The bid was withdrawn in March of that year to allow a clear path for the United States to win the seat, after US President Barack Obama reversed his country's previous position that the council had lost its credibility. Then New Zealand Foreign Minister Murray McCully stated "We believe that US membership of the council will strengthen it and make it more effective... By any objective measure, membership of the council by the US is more likely to create positive changes more quickly than we could have hoped to achieve them."

In May 2009, for the first time New Zealand prepared a national Universal Periodic Review (UPR) at the United Nations Human Rights Council in Geneva, Switzerland. During this peer review process many countries praised New Zealand's human rights record and identified that the perception of New Zealand as a comparatively fair and equal society is crucial to its international reputation. Areas where the nation was directed to make improvements include disparities experienced by Māori as demonstrated by key social and economic indicators and the extent of family violence and violence against women and children.

Treaty Signed Unless otherwise indicated, the declarations and reservations were made upon ratification, accession or succession Ratified Convention on the Elimination of All Forms of Racial Discrimination 25 October 1966 22 November 1972 International Covenant on Civil and Political Rights 12 November 1968 28 December 1978 Convention on the Elimination of All Forms of Discrimination against Women 17 July 1980 10 January 1985 Convention on the Rights of the ChildThe instrument of ratification also specifies that "such ratification shall extend to Tokelau only upon notification to the Secretary-General of the United Nations of such extension" 1 October 1990 6 April 1993 Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment 14 January 1986 10 December 1989International Covenant on Economic, Social and Cultural Rights 12 November 1968 28 December 1978Convention on the Rights of Persons with Disabilities 30 March 2007 25 September 2008

Legal system The legal system takes the framework of a parliamentary representative democratic monarchy. In the absence of a single constitution, various legislative documents such as the Constitution Act 1986, Imperial Laws Application Act 1988, New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993 have been implemented to cover such areas.

Human rights in New Zealand have never been protected by any single constitutional document or legislation, and no single institution has been primarily responsible for enforcement. Because New Zealand's human rights obligations are not entrenched and are simply part of common law, Parliament can simply ignore them if it chooses. The Human Rights Commission has identified this constitutional arrangement as an area in need of action to identify opportunities for giving greater effect to human rights protections.

Section 7 reports Section 7 of the Bill of Rights Act requires the Attorney-General to draw to the attention of Parliament the introduction of any Bill that is inconsistent with the Act. The Ministry of Justice, which prepares this advice for the Attorney-General, requires a minimum of two weeks to review the draft legislation. Here is a list of bills reported by the Attorney General as being inconsistent with the New Zealand Bill of Rights Act 1990.

Different perspectives The 2009 report by the U.S. Department of State noted that, "[t]he law provides for an independent judiciary, and the government generally respected judicial independence in practice". In recent years concerns have been expressed that New Zealand is not performing as well in regard to human rights as it used to.NZ slipping in human rights issues – report, Radio New Zealand, 2 April 2015 A study released in 2015, Fault Lines: Human rights in New Zealand said New Zealand's human rights legislation – the Bill of Rights Act and the Human Rights Act – "were problematic and didn't prevent the passing of other laws, which breach rights".New Zealand's human rights performance slipping, New Zealand Herald, 2 April 2015

Civil liberties

Freedom of speech The right to freedom of speech is not explicitly protected by common law in New Zealand but is encompassed in a wide range of doctrines aimed at protecting free speech.Andrew Butler and Petra Butler The New Zealand Bill of Rights Act: a commentary (LexisNexis NZ Ltd, Wellington, 2005) at 305 An independent press, an effective judiciary, and a functioning democratic political system combine to ensure freedom of speech and of the press. In particular, freedom of expression is preserved in section 14 of the New Zealand Bill of Rights Act 1990 (BORA) which states that:

"Everyone has the right to freedom of expression, including the right to seek, receive, and impart information and opinions of any kind in any form".

This provision reflects the more detailed one in Article 19 of the ICCPR. The significance of this right and its importance to democracy has been emphasised by the New Zealand courts. It has been described as the primary right without which the rule of law cannot effectively operate.R v Secretary of State for the Home Department, ex parte Simms 2 AC 115 at p125 The right is not only the cornerstone of democracy; it also guarantees the self-fulfilment of its members by advancing knowledge and revealing truth.A Bill of Rights for New Zealand: A White Paper (New Zealand Parliament House of Representatives) 1985. AJHR. 6, p 79. As such, the right has been given a wide interpretation. The Court of Appeal has said that section 14 is "as wide as human thought and imagination".Moonen v Film and Literature Board of Review 2 NZLR 9 para 15 Freedom of expression embraces free speech, a free press, transmission and receipt of ideas and information, freedom of expression in art, and the right to silence. The right to freedom of expression also extends to the right to seek access to official records. This is provided for in the Official Information Act 1982.

Limitations

There are limitations on this right, as with all other rights contained in BORA.

It would not be in society's interests to allow freedom of expression to become a licence irresponsibly to ignore or discount other rights and freedoms.Tipping J in Hosking v Runting 1 NZLR 1

Under article 19(3) ICCPR, freedom of expression can be limited in order to: respect the rights and reputations of others; and protect national security, public order, or public health and morals. Jurisprudence under BORA closely follows these grounds.Andrew Butler and Petra Butler The New Zealand Bill of Rights Act: a commentary (LexisNexis NZ Ltd, Wellington, 2005) at 323 Freedom of expression is restricted only so far as is necessary to protect a countervailing right or interest.Police v Geiringer [1990–1992] 1 NZBORR 331 The Court of Appeal has held that the restriction on free speech must be proportionate to the objective sought to be achieved; the restriction must be rationally connected to the objective; and the restriction must impair the right to freedom to the least possible amount.Moonen v Film and Literature Board of Review 2 NZLR 9 The right to freedom of expression may also be limited by societal values which are not in BORA, such as the right to privacy and the right to reputation.

Hate speech is prohibited in New Zealand under the Human Rights Act 1993 under sections 61 and 131. These sections give effect to article 20 ICCPR. These sections and their predecessors have rarely been used. They require the consent of the Attorney-General to prosecute. Incitement to racial disharmony has been a criminal offence since the enactment of the Race Relations Act 1971. Complaints about racial disharmony often concern statements made publicly about Māori-Pākehā relations and immigration, and comments made by politicians or other public figures regarding minority communities.

Blasphemous libel was previously a crime in New Zealand under the Crimes Act 1961 but has since been repealed under the Crimes Amendment Act 2019.

Freedom of the media

Freedom of the media is also recognised as an important democratic principle. New Zealand is ranked eighth on the Press Freedom Index 2010 and there tends to be strong legal, public and media comment where this right is infringed. Section 68 of the Evidence Act 2006 provides a qualified form of privilege for journalists who wish to protect the identity of their sources. The Court of Appeal has also laid down guidelines for the police when searching media premises for law enforcement reasons, so that their sources remain protected.TVNZ Ltd v Attorney-General 2 NZLR 641

The Courts may order that publication of information be withheld in whole or part, in the interests of justice. Often this is to protect the right to a fair trial, to protect the interests of the parties, or to uphold public confidence in the integrity of the justice system. It is not uncommon for New Zealand Courts to suppress names and evidence in civil and criminal proceedings so as to protect the right to a fair trial.Television New Zealand Ltd v Solicitor-General 1 NZLR 1 (CA) at 3