The rights of children living in New Zealand are secured through various pieces of legislation. These include the Children's Commissioner Act 2003, the Oranga Tamariki Act 1989, the Care of Children Act 2004, the Education Act 1989, the New Zealand Bill of Rights Act 1990, the Crimes Act 1961, the Human Rights Act 1993, the Privacy Act 1993, and the Official Information Act 1982. The laws and policies comply with the United Nations Convention on the Rights of the Child, which New Zealand ratified on 6 April 1993."Ratification status of New Zealand of United Nations treaties", Office for the High Commissioner for Human Rights. Retrieved 5/1/14.

In New Zealand a person is considered a child or "minor" until the age of 20. On reaching this "age of majority" the person is no longer a child in the eyes of the law, and has all the rights and obligations of an adult.Age of Majority Act 1970, s 4, New Zealand Legislation. Retrieved 5/3/14. There are laws to protect young people from harm that they may be subject to due to their lack of maturity. Some legal age restrictions are lifted below the age of majority, trusting that a child of a certain age is equipped to deal with the potential harm.Pawson, M. and Peters, L. Youth and the law : a comprehensive guide to the law relating to young people from birth to adulthood. Educational Resources. p. 9. For example, 16-year-olds may leave school, and 18-year-olds may buy alcohol.

History

19th century In the early 19th century, minors living in New Zealand were not given special rights in law, as they were not distinguished from adults. This position changed later in the century as minors were seen as a vulnerable group in need of protection; the concept of children's rights did not arise until later. The developments in the 19th century are indicative of the belief that children had a right to protection.

Timeline of 19th century events Date Parties Event1867 Neglected and Criminal Children Act 1867 Permitted provincial councils to provide care and custody of children who were neglected or orphaned. 1877 Education Act 1877 Free and compulsory education was provided for all standard six (year eight) New Zealand children. Public schools were set up by regional education boards."Education Act 1877", Te Ara: The Encyclopedia of New Zealand. Retrieved 5/2/14. 1893 New Zealand Society for the Protection of Women and Children The society was a voluntary organisation that aimed to protect children from neglect and abuse."Society for the Protection of Women and Children", Te Ara: The Encyclopedia of New Zealand. Retrieved 5/2/14.

20th century The rights of minors in New Zealand became increasingly acknowledged and expanded in the 20th century. Towards the end of the century New Zealand began to follow the international movement towards enhancing and protecting the lives of children.

Timeline of 20th century events Date Parties Event1907 Royal New Zealand Plunket Society The society was founded by Truby King (1858–1938) to help mothers with their babies, who were dying from malnutrition and disease."Our history" , Plunket. Retrieved 5/2/141919 Edward Hunter (1885–1959) Hunter, a trade unionist, founded the Rights of Childhood League, which brought together like-minded groups to lobby for an improvement to child's welfare. He also published a booklet called the Rights of Childhood."The Rights of Childhood", Maoriland Worker, Volume 10, Issue 418, 12 March 1919, p. 1. via Papers Past. Retrieved 5/2/14.1925Child Welfare Act 1925 Passed by the Reform Government, this Act established the Child Welfare Division, which was responsible for deprived and delinquent children."Welfare rights", Te Ara: The Encyclopedia of New Zealand. Retrieved 5/2/14. 1933The Marriage Amendment Act 1933Raised the minimum Age of Marriage raised to 16 years. Previously it was 14 years and 12 years for males and females respectively.Marriage Amendment Act 1933, No. 5 New Zealand Retrieved 5 December 2016 Marriage in New Zealand has been amended by various legislation including further protections for minors but the minimum age threshold has not changed since 1933.1959United Nations As part of a growing movement on children's rights, the United Nations General Assembly adopted an expanded version of the Declaration of the Rights of the Child, which was originally drafted by Save the Children founder, Eglantyne Jebb in 1923. New Zealand was a member of the United Nations at this time."Declaration on the Rights of the Child", United Nations General Assembly Resolution 1386 [XIV]. 20 November 1959. 1968 Guardianship Act 1968 Defined and regulated the authority of parents as guardians. More importantly, it gave children paramount welfare status above other considerations, including parent's rights.Guardianship Act 1968, s 23, LegislationNZ. Retrieved 5/3/14. 1969 Status of Children Act 1969 Gave equal status to minors, regardless of their country of birth or the marital status of their parents.Status of Children Act 1969, s 3 , New Zealand Legislation. Retrieved 5/3/14. 1990 New Zealand Bill of Rights 1990 Prohibited discrimination on the grounds of age (applicable only to those 16 years or over).New Zealand Bill of Rights Act 1990, s 19 New Zealand Legislation. Retrieved 4/2/14.Human Rights Act 1993, s 21, New Zealand Legislation. Retrieved 5/2/14.1993 United Nations New Zealand ratified the United Nations Convention on the Rights of Children.

21st century

The rights of New Zealand minors in the 21st century are being continually solidified through enacted legislation and a commitment to international law on children's rights. Timeline of 21st century events Date Parties Event 2001 United Nations Optional Protocol on the Involvement of Children in Armed Conflict New Zealand ratified the Optional Protocol on the Involvement of Children in Armed Conflict, which came into force in 2002.Ratification status by country of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in Armed Conflict , United Nations Treaty Collection. Retrieved 5/3/14. 2003 Children's Commissioner Act 2003 Set up the Children's Commissioner, which is responsible for monitoring and reporting on the services provided under the Children, Young Persons, and Their Families Act 1989, and also advocates for the interests and rights of children by raising awareness of the United Nations Convention on the Rights of the Child."Our role and purpose", Children's Commissioner. Retrieved 5/4/14. 2004 Care of Children Act 2004 Provides for the paramountcy of minors' welfare and best interests when the courts are determining their guardianship and care. This paramountcy principle is given greater weight than in the predecessing Act, the Guardianship Act 1968.Care of Children Act 2004, s 4, New Zealand Legislation. Retrieved 5/3/14.2005Marriage Amendment Act 2005 The Amendment Act defined a minor requiring the consent of a parent or guardian to marry as a person under the age of 18 years and thus lowered the age from 20 to 18. The minimum age of marriage remained unchanged at 16 years.Marriage Amendment Act 2005 No. 15 New Zealand Retrieved 11 November 20162010 Action for Children and Youth Aotearoa Action for Children and Youth Aotearoa published their third non-governmental report to the UN Committee on the Rights of the Child."History of ACYA", Action for Children and Youth Aotearoa. Retrieved 5/1/14. 2011 United Nations Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography New Zealand ratified the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, which came into force in 2002.Ratification status by country on Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography , United Nations Treaty Collection. Retrieved 5/3/14.2018Minors (Court Consent to Relationships) Legislation Act 2018 A private members bill requiring court consent for the marriage of 16 and 17-year-olds designed to prevent forced marriages, amending the Marriage Act and broadened to cover civil unions and de facto relationships in addition to marriages, passed its third reading on 8 August 2018, received Royal Assent on 13 August 2018, and came into force as the Minors (Court Consent to Relationships) Legislation Act 2018 on 14 August 2018.2022Oversight of Oranga Tamariki System Act 2022 Children's Commissioner Act 2022On 24 August 2022, the Sixth Labour Government passed two new laws replacing the Children's Commissioner with the Children and Young People's Commission and splitting oversight of the Oranga Tamariki (Ministry for Children) system between the Independent Children's Monitor and Ombudsman's Office.2025Oversight of Oranga Tamariki System Legislation Amendment Act 2025In late June 2025, the Sixth National Government passed a law redesignating the Independent Children's Monitor as an independent Crown agency, dissolving the Children ann Young People's Commission, and reinstating the Children's Commissioner.

Types of rights Minors in New Zealand have rights that fall within two categories of human rights. First, minors have the same general human rights as adults. However, there are some limitations on rights that a minor may only benefit from once they reach a certain age. Some examples of age-dependent rights are the right to marry, the right to vote, the right to adoption, or the right to gamble.Pawson, M. and Peters, L. Youth and the law : a comprehensive guide to the law relating to young people from birth to adulthood. Educational Resources. pp. 9-15 Second, minors have special human rights that serve to protect them as they have needs and concerns that are distinct to their age group."Understanding the Convention on the Rights of the Child" , UNICEF. Retrieved 5/1/14. These include rights to an adequate standard of living, health care, education, and the right to protection from discrimination, abuse, and neglect.

The rights of children are multi-faceted and can be defined according to their social, cultural, civil, political or economical features. Typically, children's rights fall into two sub-categories that either advocate for children as autonomous agents under the law, or view children as dependant and in need of protection from harm. This two-pronged approach is illustrative when comparing children's right and youth rights. The difference between children's rights and youth rights is that the former is focused on the protection and welfare of the individual. The latter is concerned with a more expansive approach to individuals who have reached a specific age or maturity. For example, an individual may consent to sexual activity with another individual, if both individuals are 16 years or older.Crimes Act 1961, s 134, New Zealand Legislation, Retrieved 5/4/14.

Education

The right to education is not specifically stated in New Zealand domestic law, however it is reflected in the Education Act 1989, the Education Standards Act 2001 (an amendment to the Education Act 1989), and the Private Schools Conditional Integration Act 1975.Education Standards Act 2001, New Zealand Legislation. Retrieved 5/3/14.Private Schools Conditional Integration Act 1975, New Zealand Legislation. Retrieved 5/3/14. The law on education in New Zealand is underpinned by the universal recognition of the entitlement to education found in Article 26 of the Universal Declaration of Human Rights and Articles 13 and 14 of the International Covenant on Economic, Social and Cultural Rights.The Universal Declaration of Human Rights, United Nations. Retrieved 5/3/14.International Covenant on Economic, Social and Cultural Rights, Office of the High Commissioner for Human Rights. Retrieved 5/2/14.

There are three levels to the right to education in New Zealand: