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Title: New Zealand Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
NEW ZEALAND
New Zealand is a parliamentary democracy, with executive authority
vested in a 20-member cabinet led by a prime minister. Four seats in
the 99-member legislature are reserved for the native Maori minority
population. New Zealand has an independent judiciary.
The Cook Islands, Niue, and Tokelau are self-governing countries in free
association with New Zealand. Their local laws are 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 a highly efficient producer of agricultural products.
The mainstay of its economy is the export of wool, meat, and dairy
products. An expanding manufacturing sector is engaged primarily in
food processing, metal fabrication, and the production of wood and paper
products. Tourism is also a significant sector of the economy, and
niche industries are developing in such high technology sectors as
software production. Recent structural reforms have transformed a
highly protected economy to one based on free trade and free market
principles. Disparities in wealth are small but increasing, and most
New Zealanders enjoy a comfortable standard of living.
The Government fully respects the human rights of its citizens, and the
law and judiciary provide effective means of dealing with instances of
individual abuse. The Government has taken steps to address the
problems of domestic violence against women and societal discrimination
against indigenous people.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial killings.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The law prohibits torture and other forms of mistreatment, and these
prohibitions are generally respected in practice.
Prison conditions meet minimum international standards, and the
Government permits visits by human rights monitors.
d. Arbitrary Arrest, Detention, or Exile
The law prohibits arbitrary arrest, detention, or exile, and the
Government observes this prohibition.
e. Denial of Fair Public Trial
The law provides for the right to a fair trial and an independent
judiciary, and the Government respects this provision in practice. The
judiciary provides citizens with a fair and efficient judicial process.
A three-tiered impartial judiciary is in place, with the right to take
an appeal to the Privy Council in London, though this privilege is
rarely invoked.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The law prohibits such practices, government authorities respect these
prohibitions, and violations are subject to effective legal sanction.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The law provides for freedom of speech and of the press, and the
Government respects these rights in practice. An independent press, an
effective judiciary, and a functioning democratic political system
combine to ensure freedom of speech and of the press. Academic freedom
is not limited.
b. Freedom of Peaceful Assembly and Association
The law provides for these rights, and the Government respects them in
practice.
c. Freedom of Religion
The law provides for freedom of religion, and the Government generally
respects this right in practice. A family of Jehovah's Witnesses
appealed a court order that their son be given a blood transfusion in
contravention of their religious beliefs. The boy was made a ward of
the court in matters of medical treatment, and the parents are
considering a further appeal.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
The law provides for these rights, and the Government respects them in
practice. The Government cooperates with the U.N. High Commissioner for
Refugees and other humanitarian organizations in assisting refugees.
There were no reports of forced expulsion of those having a valid claim
to refugee status. There were reports of refugees encountering
bureaucratic difficulty in registering with employment services and
obtaining language and occupational training. The Government
acknowledged the problem and took steps to remedy the situation.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully, and citizens exercise this right in practice through
periodic, free, and fair elections held on the basis of universal
suffrage.
There are no restrictions on the role of women in politics and
government. Of the 99 Members of Parliament, 20 are women, 6 are Maori
(including the 4 reserved seats), and 1 is of Pacific Island origin.
Women and minorities are accorded full opportunity to participate in
political life. The Speaker of the House is a Maori, two women are
members of the Executive Council (Cabinet), and the leader of the
parliamentary opposition is a woman.
Section 4 Governmental Attitudes Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
A number of human rights groups operate without government restriction,
investigating allegations and publishing their findings on human rights
cases. Government officials are cooperative and responsive to their
views.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The law prohibits discrimination on the basis of all the above listed
factors, and the Government effectively enforces it.
Women
The Government makes a concerted effort to stop violence against women;
initiatives include the issuance of nonmolestation and nonviolence
orders against abusive partners, civil protection orders issued in
family courts, and suits for compensation for some forms of negligent
harm. The law penalizes spousal rape.
A government-commissioned survey, published in 1995, found that 20
percent of New Zealand men had subjected their partners to physical or
psychological abuse in the last year. Critics of the report believed
that the definition of abuse was too broad, but the authors stood by
their methodology and conclusions. The study recommended that
antiviolence programs for men encourage abusers to take responsibility
for their actions and compel abusers to understand that their behavior
is unacceptable.
In September nationwide television began showing a new series of public
service announcements about domestic violence, focusing on the fact that
violence occurs in all socioeconomic groups and is unacceptable in any
circumstances. The advertisements also promote the message that a
"cycle of violence" will be perpetuated into the next generation of the
family unless the abuser is stopped. In December Parliament passed a
law that would require any person who is the subject of a restraining
order to surrender his or her firearms and firearms license.
Discrimination in employment and rates of pay for equal or similar work
is prohibited by law. There are effective legal remedies available for
women who experience discrimination.
Children
The law provides for specific safeguards for children's rights and
protection. The Government demonstrates its commitment to children's
rights and welfare through its well-funded systems of public education
and medical care. Parliament passed a law in 1995 which made it an
offense for a New Zealander to have sex with a child under the age of 16
even outside of New Zealand's borders; the law was designed to ban New
Zealanders' participation in "sex tourism."
While no pattern of societal abuse of children exists, the Government
recognizes the problem of violence within the family. Both government-
sponsored and charitable organizations work to prevent child abuse in
the home.
People With Disabilities
The law prohibits discrimination against people with disabilities in
employment, education, and the provision of other state services.
Compliance with access laws, mandated by the Disabled Persons Community
Welfare Act, varies as business owners and others strive to make
necessary adaptations.
Indigenous People
Approximately 13 percent of the population claim at least one ancestor
from the country's indigenous Maori or Moriori
minorities. The law prohibits discrimination against the indigenous
population, yet a disproportionate number of Maori are included in the
unemployment and welfare rolls, the prison population, school dropouts,
infant mortality statistics, and single-parent households. Government
policy recognizes a special role for indigenous people and their
traditional values and customs, including cultural and environmental
issues that have an effect on issues of commercial development. The
Ministry of Maori Development, in cooperation with several Maori
nongovernmental organizations, seeks to improve the status of indigenous
people. A special tribunal continues to hear Maori tribal claims to
land and other natural resources stemming from the Treaty of Waitangi.
National/Racial/Ethnic Minorities
Pacific Islanders, who comprise 5 percent of the population, are not an
indigenous people, but they experience difficulties similar to Maori.
Section 6 Worker Rights
a. The Right of Association
Workers have unrestricted rights to establish and join organizations of
their own choosing and to affiliate these organizations with other
unions and international organizations. The principal labor
organization, the New Zealand Council of Trade Unions, is affiliated
with the International Confederation of Free Trade Unions. A second,
smaller national labor federation, the New Zealand Trade Union
Federation, was established in 1993. There are also a number of
independent labor unions.
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 developed 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 Cooks are governed
by a simplified version of older New Zealand legislation.
The law protects unions from governmental interference, suspension, and
dissolution. Unions, in fact, influence legislation and government
policy. They operate independently of political parties but can and do
support parties whose policies they favor. Some unions are affiliated
with the opposition Labour Party. They freely exercise the right to
strike.
The law prohibits strikes designed to force an employer to become party
to a multicompany contract. Under the Police Act of 1958 and
amendments, "sworn police officers," i.e., all uniformed and
plainclothes police but excluding clerical and support staff, are barred
from striking or taking any form of industrial action. Police, however,
do have freedom of association and the right to organize and to bargain
collectively. Issues which cannot be settled between the Police
Association and management through negotiation are subject to
compulsory, final-offer arbitration.
b. The Right to Organize and Bargain Collectively
The law provides for the right of workers to organize and bargain
collectively, and this is observed in practice in New Zealand and its
dependencies. The law prohibits uniformed members of the armed forces
from organizing unions and bargaining collectively.
Unions now represent fewer than half of all wage earners. Under the
Employment Contracts Act, employment relationships are based on
contracts. Individual employees and employers may choose to conduct
negotiations for employment contracts on their own behalf, or they may
authorize any other person or organization to do so on their behalf.
Although choosing a union is entirely voluntary, unions have remained
the most common agent used by workers to negotiate with employers.
Employers must recognize a representative authorized by an employee or
employees. Neither employers or employees, however, are required to
negotiate or to agree to a contract.
The Government does not control mediation and arbitration procedures.
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, the Cook Islands,
Niue, or Tokelau.
c. Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor in New Zealand and its
dependencies. Inspection and legal penalties ensure respect for the
provisions.
d. Minimum Age for Employment of Children
Department of Labour inspectors effectively enforce a ban on the
employment of children under age 15 in manufacturing, mining, and
forestry. Children under the age of 16 may not work between the hours
of 10 p.m. and 6 a.m. In addition to explicit restrictions on the
employment of children, compulsory education ensures that children under
the minimum age for leaving school (now 16 years) are not employed
during school hours. By law children enrolled in school may not be
employed even outside school hours if such employment would interfere
with their education.
e. Acceptable Conditions of Work
The law 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 hours per week standard. While the law does
not specifically provide for a 24-hour rest period weekly, the practice
is accepted by management and labor, and it is the norm. The
government-mandated hourly minimum wage of approximately $3.75 ($NZ
6.125) applies to workers 20 years of age and older. Combined with
other regularly provided entitlements and welfare benefits for low-
income earners, this wage is adequate to provide a decent standard of
living for a worker and family. In 1994 a minimum wage for younger
workers was introduced at 60 percent of the adult minimum. A majority
of the work force earns more than the minimum wage.
An extensive body of law and regulations govern health and safety
issues, notably the Health and Safety in Employment Act of 1992. Under
this legislation, employers are obliged to provide a safe and healthy
work environment, and employees are responsible for their own safety and
health as well as ensuring that their actions do not harm others. The
New Zealand Council of Trade Unions 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. Department of Labour inspectors enforce safety and
health rules, and they 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. Workers have the right to withdraw from a dangerous work
situation without jeopardy to continued employment.
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