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TITLE: NEW ZEALAND HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
NEW ZEALAND
New Zealand is a parliamentary democracy, with executive
authority vested in a 23-member cabinet led by a prime
minister. The 99 members of the unicameral legislature include
4 whose seats are reserved for election by persons from the
native Maori minority population who wish to be included on a
separate electoral roll.
Approximately 12 percent of New Zealand's population of
3,427,000 consider themselves Maori. Immigrants from Europe,
Asia, and Pacific islands leaven a population of primarily
British descent. The rights of Maori have received increasing
public attention in recent years.
Niue and the Cook Islands are self-governing countries in free
association with New Zealand. The island group of Tokelau is
administered by New Zealand with limited but growing
self-government. Inhabitants of all three hold New Zealand
citizenship and are entitled to New Zealand passports. Local
law in the Cook Islands, Niue, and Tokelau is compatible with
New Zealand and British common law. New Zealand's police and
defense forces are responsible to and firmly controlled by
civilian officials.
New Zealand is one of the world's most efficient producers of
agricultural products. The mainstay of its economy is the
export of wool, meat, and dairy products. A small but
expanding manufacturing sector is engaged primarily in food
processing, metal fabrication, and the production of wood and
paper products. Niche industries are developing in such high
technology sectors as software production. Recent structural
reforms have transformed New Zealand from one of the world's
most protected economies to one based on free enterprise.
Disparities in wealth are very small (though increasing), and
most New Zealanders have a comfortable standard of living.
New Zealanders enjoy a wide range of freedoms, and human rights
are respected and protected in law and in practice. Minority
rights are given special legislative protection, and provision
is made for the economically deprived.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for The Integrity of The Person, Including
Freedom from
a. Political and Other Extrajudicial Killing
Such killings do not occur.
b. Disappearance
There have been no instances of politically motivated
disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
New Zealand law prohibits torture and other forms of
mistreatment, and these prohibitions are respected in practice.
d. Arbitrary Arrest, Detention, or Exile
Freedom from arbitrary arrest, detention, and exile is
respected. The law provides for the writ of habeas corpus and
requires that persons arrested be charged promptly. The court
provides legal aid to those who cannot afford to pay for a
private attorney. Preventive detention is prohibited.
e. Denial of Fair Public Trial
The New Zealand judicial system is based on British common
law. A three-tiered, independent, and impartial judiciary
assures a prompt and fair public trial. Final appeal in some
instances may be made to the Privy Council in London, although
this is rarely invoked. The rights of the accused are
carefully observed and subject to public scrutiny.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The right to privacy is protected by law. The Government does
not violate a person's privacy, the sanctity of the home, or
the integrity of correspondence. The office of Privacy
Commissioner hears complaints involving violation of personal
privacy by individuals or the Government. The Privacy
Commissioner is a statutory member of the Human Rights
Commission.
Section 2 Respect for Civil Liberties, Including
a. Freedom of Speech and Press
Freedoms of speech and press are provided for in law and
respected in practice. Several hundred newspapers and
magazines are published reflecting a wide spectrum of political
and social thought. Numerous state and privately owned radio
stations operate. One private and two state television
channels broadcast nationally, and international broadcasts are
available for a fee. The Government makes no attempt to censor
the press, and opposition viewpoints are freely expressed.
There are no limits on academic freedom.
b. Freedom of Peaceful Assembly and Association
Rights to peaceful assembly and association are recognized in
law and respected in practice.
c. Freedom of Religion
New Zealand enjoys a long tradition of religious tolerance.
All faiths receive equal treatment under the law.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The law places no limitations on internal movement or
resettlement, nor does it restrict foreign travel or the right
to return. To the extent of its resources, New Zealand accepts
and resettles refugees and asylum seekers.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The people freely elect their government. Two major parties,
National and Labour, dominate the political scene and have
formed governments chosen in triennial elections for more than
50 years. The law provides for universal suffrage at age 18.
Except for the seats reserved for Maori, no restrictions based
upon sex, creed, or national origin limit participation in the
political process. Women, Maori, and other minorities
regularly serve in Parliament and the Cabinet. Currently, of
the 99 Members of Parliament (M.P.'s), 21 are women. Voting
rates are high, and participation in political groups is
common. Opposition groups freely voice their views and can
influence government policies.
Responding to complaints that the current "first-past-the-post"
electoral system, or simple majority system, unfairly
disadvantages small parties, the Government asked voters in the
1993 general election to determine whether to adopt
proportional representation. A majority of voters supported a
change to Mixed-Member Proportional representation (MMP).
Under this system, half of an expanded parliament will be
elected from constituencies and half selected from party lists
in order to achieve proportionality. The change is likely to
result in a larger number of parties, coalition governments,
and a greater role for individual M.P.'s. Proponents claim it
will redress a situation under which a government could use an
artificially inflated parliamentary majority to push through
legislation that was not supported by a majority of the
population. Elections held after mid-1995 will be held under
MMP.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
New Zealand has a long history of commitment to the protection
of human rights, both at home and abroad. Basic human rights
are guaranteed by law and respected in practice. A wide
variety of international and local human rights organizations
operate freely.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The New Zealand Human Rights Commission hears complaints of
discrimination based on sex, marital status, national or ethnic
origin, and religious or ethical belief. The Race Relations
Conciliator, a statutory member of the Human Rights Commission
but empowered under separate legislation, hears complaints
based upon racial discrimination. In July New Zealand enacted
legislation that replaced and expanded the Human Rights
Commission Act 1977 and the Race Relations Act 1971. The Human
Rights Act 1993 incorporates existing bans against
discrimination on the basis of sex (including pregnancy and
sexual harassment), marital status, religious or ethical
belief, race, color, or ethnic or national origin. It adds new
bans against discrimination on the grounds of physical or
psychological disability (including disability or impairment
due to the presence in the body of organisms capable of causing
illness), age, political opinion, employment status, family
status, or sexual orientation. Such discrimination is
prohibited in the areas of employment, education, access to
public places, provision of goods and services, and housing and
accommodation.
Women
The law in New Zealand addresses violence against women,
including spousal rape, and provides for the suppression of
victims' names. Police coordinate effectively with the
numerous victim support service agencies available to women,
including women's refuges, rape crisis centers, and sexual
abuse centers. In August Parliament passed antipornography
legislation banning material that promotes coerced sexual
activity or depicts acts of extreme violence and cruelty. The
legislation is designed to reduce material that could lead to
violence against women and children. As the first country to
grant full suffrage to women, New Zealand celebrated the
centennial year of that decision in 1993 with a series of
conferences and activities designed to promote a positive image
of women.
Children
New Zealand pays careful attention to the rights of children.
The Commissioner for Children has submitted to the Government
for review a broad plan of action on children's rights. The
1989 Children, Young Persons, and Their Families Act increased
specific safeguards for children's rights and made special
provisions for the treatment of children by the legal system.
The act also created the independent office of a Commissioner
for Children to provide advocacy before the law for children
without legal competence and to monitor compliance with and
implementation of the act. The Commissioner has broad powers
of audit and inquiry into all aspects of children's rights.
Indigenous People
Approximately 12 percent of New Zealand's population claim at
least one ancestor from the country's indigenous Maori or
Morioni minorities. Despite a legal prohibition on
discrimination, significant portions of the indigenous
population remain marginally educated and economically
disadvantaged. Maori experience high rates of infant crib
death and child abuse and are less likely to graduate from high
school. A relatively high percentage of Maori are unemployed
and receive state assistance. Maori also figure
disproportionately in crime statistics and among the prison
population. Government policy recognizes a special role for
indigenous people and their traditional values and customs,
including cultural and environmental attitudes that have an
impact on issues of commercial development. The Ministry of
Maori Development oversees programs aimed at furthering the
economic, social, and cultural development of the Maori
people. In addition, every national, regional, and local
government agency is required by law to consult with Maori
representatives on any decision that might affect them.
A special tribunal was empowered in 1975 to hear Maori tribal
claims to land and other natural resources stemming from the
1840 Treaty of Waitangi. Progress on resolving land disputes
was slow until recently. The tribunal's decisions are binding
on state-owned resources but not on private land. A major
agreement between the Government and Maori leaders resolving
Maori claims to fishing rights was reached in 1992. While not
immune from racial tensions, New Zealand's Government and
society put considerable effort into forging and maintaining
mutual respect and partnership between the country's
Anglo-Saxon majority and its indigenous Maori minority.
National/Racial/Ethnic Minorities
While New Zealand actively protects the rights of its
indigenous Maori minority, it has not until recently given much
thought to the small but growing number of other ethnic
minorities. A recent increase in immigration from Asia has led
to isolated incidents of discrimination and attempts by the
Government to prevent them. Although its official policy is
"Biculturalism," the Government has encouraged immigration from
Asia and portrayed in a positive light the contributions of
immigrants from outside the European and Maori cultures. The
Human Rights Act 1993 outlaws material that would incite
hostility based on color, race, or ethnic origin.
People with Disabilities
Increasing popular attention to the problems faced by the
disabled has led the Government to act to remove, to the
fullest extent practical, impediments to their living normal
lives. In 1991-92, the Government created the Office of
Disability Support Services to coordinate disability programs.
The Human Rights Act of 1993 prohibits discrimination in
employment, education, access to public places, provision of
goods and services, housing and accommodation on the grounds of
physical, and intellectual or psychological disability or
impairment.
Section 6 Worker Rights
a. The Right of Association
New Zealand workers have unrestricted rights to establish and
join organizations of their own choosing and to affiliate those
organizations with other unions and international
organizations. The principal labor organization, the New
Zealand Council of Trade Unions (NZCTU), is affiliated with the
International Confederation of Free Trade Unions (ICFTU) and
with its subregional grouping, the South Pacific and Oceanic
Council of Trade Unions. A second national labor federation,
the New Zealand Trade Union Federation (TUF), was established
on May Day 1993. The TUF has not affiliated with any global
international organization, although some of its affiliates
have retained longstanding ties with the ICFTU's international
trade secretariats. There are also a number of labor unions
independent of both groups.
Labor organization is rudimentary in the New Zealand dependency
of Tokelau (population 1,800) and in the freely associated
state of Niue (population 2,000). In the more populous New
Zealand associated state of the Cook Islands (population
18,000), most workers in the public sector, the major employer,
belong to independent local unions inspired by New Zealand
models. Industrial relations in the Cook Islands are governed
by a simplified version of older New Zealand legislation.
Unions in New Zealand are protected by law from governmental
interference, suspension, and dissolution, and, in fact, they
influence legislation and government policy. Unions operate
independently of political parties but can and do support
parties whose policies they favor. Unions have and freely
exercise the right to strike. Public sector unions, however,
may not strike if work stoppages would threaten public safety.
Legislation enacted in 1991 prohibits strikes designed to force
an employer to become party to a multicompany contract.
Workers are also barred from using secondary boycotts and
striking to force up the minimum wage.
b. The Right to Organize and Bargain Collectively
The right of workers to organize and bargain collectively is
provided by law and observed in practice in New Zealand and its
dependencies. Unions actively recruit members and engage in
collective bargaining. Labor market deregulation intended to
make New Zealand more competitive internationally, which was
initiated with the Employment Contracts Act (ECA) of 1991,
marks a sharp break with almost a century of prounion
industrial legislation. The ECA ended a previous system of
national "awards" under which a wage agreement would apply to
all employers and employees in an industry whether or not they
had been involved in the award negotiations. It also banned
compulsory membership in labor unions, abolished the official
registration of unions, and ended requirements that unions be
of a minimum size. As a consequence of the act, unions now
represent less than half of all wage earners, and no longer
have an inherent right to represent any particular group of
workers. Employers are free to choose with which and with how
many bargaining agents they negotiate. The NZCTU has presented
a complaint, alleging that the ECA violates freedom of
association, which is under review by the International Labor
Organization.
Employment relationships are based on contracts negotiated
either by individual employees or their bargaining agent, which
may be a union, another voluntary association of workers, or a
private consultant.
Mediation and arbitration procedures are conducted independent
of government control. The Employment Court hears cases
arising from disputes over the interpretation of labor laws. A
less formal body, the Employment Tribunal, is available to
handle wage disputes and assist in maintaining effective labor
relations. Firing an employee for union activities is grounds
for a finding of unjustified dismissal and may result in
reinstatement and financial compensation.
There are no export processing zones in New Zealand, Tokelau,
Niue, or the Cook Islands.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited in New Zealand and its
dependencies. Inspection and legal penalties ensure respect
for these provisions.
d. Minimum Age for Employment of Children
Children under the age of 15 may not be employed without
special government approval and must not work between the hours
of 10 p.m. and 6 a.m. The Department of Labour effectively
enforces these laws.
e. Acceptable Conditions of Work
New Zealand provides for a 40-hour workweek, with a minimum of
3 weeks' annual paid vacation and 11 paid public holidays.
Under the Employment Contracts Act, however, employers and
employees may agree to longer hours than the 40-hour per week
standard. In effect since December 17, 1990, the
government-mandated minimum wage of approximately $3.30
($NZ6.125) per hour for workers 20 years of age and older, is
adequate for an acceptable standard of living. Most minimum
wage earners also receive a variety of welfare benefits. A
majority of the work force earns more than the minimum wage.
New Zealand has an extensive body of law and regulations
governing health and safety issues, including a new Health and
Safety in Employment Act which took effect in April. Under
this legislation, employers are obliged to provide a safe and
healthy work environment, and employees are responsible for
their own safety and health, including the right to remove
themselves from dangerous or hazardous situations, as well as
for ensuring that their actions do not harm others. The NZCTU
has criticized the act, however, for not providing sufficient
employee involvement in workplace decisions affecting health
and safety. Under the Employment Contracts Act, workers have
the legal right to strike over health and safety issues.
Unions and members of the general public may file safety
complaints on behalf of workers. Safety and health rules are
enforced by Department of Labour inspectors who have the power
to shut down equipment if necessary. The Department of Labour
standard is to investigate reports of unsafe or unhealthy
working conditions within 24 hours of notification.
[end of document]
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