Overview

New Zealand is a parliamentary democracy with a long record of free and

fair elections and of guaranteeing political rights and civil liberties.
Concerns include discrimination against the Māori and other minority
populations, as well as reports of foreign influence in politics and the
education sector.

Key Developments in 2021

 In September, Ahamed Aathil Mohamed Samsudeen attacked
people in an Auckland supermarket, injuring eight before being shot
dead by police. In response to the attack, the government quickly
amended counterterrorism laws to criminalize the planning of a
terrorist attack, among other provisions.
 In February, voters approved a referendum to remove their own
ability to block local councils’ creation of Māori wards—special
constituencies representing registered Māori voters in local
government. This veto power had been used to prevent the creation
of all but two Māori wards since their introduction in 2002. At least
25 councils moved to create Māori wards following the
amendments.

Political Rights
A Electoral Process
A1 0-4 pts
Was the current head of government or other chief national authority elected
4 4
through free and fair elections?

A governor general, appointed by the United Kingdom’s Queen Elizabeth II

on advice from the prime minister, represents the British monarch as New
Zealand’s ceremonial head of state. In October 2021, Dame Cindy Kiro was
appointed as governor general, becoming the first Māori woman to serve
in the position. The prime minister, who is head of government, is
appointed by the governor general and is usually the leader of the
majority party or coalition in the directly elected parliament. Jacinda
Ardern, leader of the Labour Party, was reelected as prime minister in
2020 following legislative elections, which were considered well
administered and credible.

A2 0-4 pts
Were the current national legislative representatives elected through free and
4 4
fair elections?

The 120 members of Parliament’s single chamber, the House of

Representatives, serve three-year terms. The mixed electoral system
combines voting in geographic districts with proportional representation.
Elections in New Zealand are generally well administered, and their results
considered credible.

In the October 2020 elections, the Labour Party secured a 65-seat majority
in the 120-seat parliament. The opposition National Party claimed 33
seats, and the leftist Green Party won 10 seats. The anti-immigration New
Zealand First party, which had been in coalition with Labour, lost all nine
of the seats it won in 2017. Election day was delayed by a month amid a
nascent second wave of the COVID-19 pandemic in Auckland.

A3 0-4 pts
Are the electoral laws and framework fair, and are they implemented
4 4
impartially by the relevant election management bodies?

The legal framework supports democratic elections, and elections are

implemented fairly in practice. The independent New Zealand Electoral
Commission administers polls and referendums, promotes compliance
with electoral laws, and provides public education on electoral issues.

B Political Pluralism and Participation

B1 0-4 pts
Do the people have the right to organize in different political parties or other
competitive political groupings of their choice, and is the system free of undue 4 4
obstacles to the rise and fall of these competing parties or groupings?

New Zealanders organize political parties without undue legal restrictions

or other obstacles, and parties are free to operate and campaign for
support.

B2 0-4 pts
Is there a realistic opportunity for the opposition to increase its support or
4 4
gain power through elections?

The political system has experienced regular democratic transfers of

power between rival parties. Power has traditionally alternated between
the center-left Labour Party and the center-right National Party. Currently,
the National Party serves as a strong opposition force in parliament.

B3 0-4 pts
Are the people’s political choices free from domination by forces that are
external to the political sphere, or by political forces that employ extrapolitical 4 4
means?

People are generally able to act on their political preferences without

undue influence from powerful groups. However, several studies in recent
years have raised concerns over the likelihood that sizable political
donations from Chinese businesspeople and other Chinese figures have
influenced the policy positions of political parties and lawmakers. Some
have claimed the government has been more hesitant to criticize Chinese
government human rights abuses. In May 2021, the Labour Party drew
criticism for a “cash for access” scheme, which gave wealthy donors access
to Prime Minister Ardern and other senior ministers at fundraising events
that cost up to NZ$2,064 (USD $1,442) per person.

B4 0-4 pts
Do various segments of the population (including ethnic, racial, religious,
gender, LGBT+, and other relevant groups) have full political rights and 4 4
electoral opportunities?

Political rights and electoral opportunities are granted to all New Zealand
citizens, and permanent residents have the right to vote. Seven of
Parliament’s constituency seats are reserved for representatives of the
Māori population, though Māori may also vote or run in general electoral
districts. Māori representatives comprise 21 percent of seats in
Parliament, with the Māori Party holding two seats. In October 2021,
Dame Cindy Kiro became the first Māori woman to be appointed governor
general.

In February 2021, voters approved a referendum to remove their own

ability to block local councils’ creation of Māori wards—bodies
representing registered Māori voters in local government. This veto power
had been used to prevent the creation of all but two Māori wards since
their introduction in 2002. At least 25 councils moved to create Māori
wards following the amendments.

Also in February, Rawiri Waititi, co-leader or the Māori Party, was

temporarily removed from Parliament for not wearing a necktie, as
required by the parliamentary dress code. Waititi, who wore a traditional
Māori hei-tiki pendant in place of a necktie, successfully pushed for the
necktie requirement to be removed.
Women are relatively well-represented in politics, and the government has
taken steps to encourage their participation. Ardern is the third woman to
serve as the country’s prime minister. The 2020 elections were the second
in New Zealand’s history to be contested with both major parties led by
women.

The 2020 elections also saw the first lawmakers of African, Latin American,
and Sri Lankan background voted into Parliament, while Iranian refugee
Golriz Ghahraman was reelected to a second term.

C Functioning of Government
C1 0-4 pts
Do the freely elected head of government and national legislative
4 4
representatives determine the policies of the government?

The prime minister and cabinet ministers, with the support of a majority
in the House of Representatives, determine and implement the
government’s policy agenda without improper interference from any
unelected entity. In 2020, the COVID-19 pandemic affected the functioning
of Parliament, with sittings suspended for five weeks between late March
and early May. Parliament operated relatively unhindered throughout
2021. Lawmakers prevented from attending Parliament in-person in 2021
were able to work remotely.

C2 0-4 pts
Are safeguards against official corruption strong and effective? 4 4

Government corruption is not considered a significant problem in New

Zealand, and cases of official malfeasance are routinely investigated and
prosecuted.
Despite the country’s strong anticorruption record, the government’s
Serious Fraud Office (SFO), tasked with investigating suspected corruption,
has increased its attention to political party funding. Several investigations
yielded charges for alleged campaign finance violations in 2020.

In May 2021, it was revealed that the SFO was prosecuting several Labour
Party donors for breaches of campaign finance rules; of six political
parties to have recently held seats in parliament, the SFO was
investigating or prosecuting four.

C3 0-4 pts
Does the government operate with openness and transparency? 4 4

The government operates with a high level of transparency, and new

legislation is openly discussed in Parliament and the media. Parliamentary
records, government policies, and commissioned reports are published
online and readily available as required by law, though the government is
sometimes slow to respond to freedom of information requests. The
government upholds transparency in budgetary procedures, and
representatives must submit annual financial disclosure statements.

Civil Liberties
D Freedom of Expression and Belief
D1 0-4 pts
Are there free and independent media? 4 4

New Zealand has a free and robust independent media sector, including a
Māori-language public network and radio station. In November 2020, the
large New Zealand media outlet Stuff issued a public apology after an
internal investigation revealed systemic racism in its reporting, particularly
in portrayals of Māori people.

D2 0-4 pts
Are individuals free to practice and express their religious faith or nonbelief in
4 4
public and private?

Religious freedom is protected by law and generally respected in practice.

Only religious organizations that wish to collect donations and receive tax
benefits need to register with the government, and the process is not
onerous.

D3 0-4 pts
Is there academic freedom, and is the educational system free from extensive
4 4
political indoctrination?

Academic freedom typically prevails at all levels of instruction. However,

concerns persist regarding Chinese interference in New Zealand’s higher
education sector.

In 2020, an academic at the University of Canterbury published a report

which found that various New Zealand universities had links with the
Chinese government and military. Other members of academia have been
critical of the findings of the report, maintaining that it is common for
educational institutions to have international links.

D4 0-4 pts
Are individuals free to express their personal views on political or other
4 4
sensitive topics without fear of surveillance or retribution?
New Zealanders are free to discuss personal views on sensitive topics.
However, new intelligence and security legislation adopted in 2017 allows
law enforcement agencies to access private communications under
certain conditions in order to protect national security.

In 2019, Parliament passed the Terrorism Suppression (Control Orders)

Act, which had been criticized by the privacy commissioner for authorizing
an overly intrusive regime of monitoring and restrictions on individuals
designated as having been involved in terrorist activities abroad.
Authorities invoked the law against Islamic State (IS)–linked woman,
Suhayra Aden, who was extradited to New Zealand from Turkey in August
2021. The order was approved by a High Court judge and imposes broad
restrictions on Aden, including prohibiting her from leaving New Zealand
or possessing a passport.

E Associational and Organizational Rights

E1 0-4 pts
Is there freedom of assembly? 4 4

The government generally respects free assembly and association rights,

which are legally protected. Public gatherings were severely restricted in
2020 and 2021 during lockdowns imposed periodically to curb spread of
the COVID-19 pandemic. Demonstrations in several major cities
denouncing the lockdowns were largely peaceful, though police
monitored demonstrators and a number of organizers were later
arrested. Observers noted that far-right groups had infiltrated
antilockdown protests, with at least one protest organizer having
expressed anti-Muslim and anti-LGBT+ statements.

E2 0-4 pts
 Is there freedom for nongovernmental organizations, particularly those that
4 4
are engaged in human rights– and governance-related work?

There are no significant restrictions on nongovernmental organizations’

ability to form, operate, and solicit funds.

E3 0-4 pts
Is there freedom for trade unions and similar professional or labor
4 4
organizations?

Workers may freely organize and bargain collectively, and trade unions
actively engage in political debates and campaigns. Workers also have the
right to strike, with the exception of uniformed police personnel.

F Rule of Law
F1 0-4 pts
Is there an independent judiciary? 4 4

The New Zealand judiciary is generally independent. Most judges are

appointed by the governor general on the recommendation of the
attorney general, who first consults with senior jurists.

F2 0-4 pts
Does due process prevail in civil and criminal matters? 4 4

Law enforcement practices and court procedures provide for due process
protections in civil and criminal matters. Defendants and detainees are
presumed innocent until proven guilty and by law must immediately be
notified of the charges against them.

Pretrial detention durations have increased in recent years, as authorities

have tightened bail requirements and relaxed the time limit in which cases
must be concluded.

F3 0-4 pts
Is there protection from the illegitimate use of physical force and freedom
4 4
from war and insurgencies?

Rates of violent crime are relatively low, and residents have legal recourse
to seek redress for violations of their physical security. The 2019
Christchurch terrorist attack was the worst mass shooting in New
Zealand’s modern history. The shooting, which took place at two mosques
and killed 51 people, was preplanned and accompanied by an 87-page
document filled with anti-immigrant and anti-Muslim hate speech.
Following the attack, government representatives collaborated with tech
companies, including Google and Facebook, to ensure the removal of
material on online platforms depicting the attack and prevent
livestreaming of potential future attacks. The perpetrator of the shootings,
Brenton Tarrant received a life sentence in August 2020. A Royal
Commission inquiry into the causes of the attack identified serious
failures by the country’s intelligence services.

In September 2021, Ahamed Aathil Mohamed Samsudeen attacked

people in an Auckland supermarket, injuring eight before being shot dead
by police. In response to the attack, the government quickly amended
counterterrorism laws to criminalize the planning of a terrorist attack,
among other provisions. The amendments give police warrantless powers
of entry, search, and surveillance if an individual is suspected of planning
an attack. Some have expressed concern about the lack of oversight in the
new laws and the potential for overreach.
Prison conditions generally meet international standards, though some
facilities are poorly equipped to house detainees with disabilities or
mental health problems.

F4 0-4 pts
Do laws, policies, and practices guarantee equal treatment of various
3 4
segments of the population?

The 1993 Human Rights Act protects all people in New Zealand from
discrimination on the basis of gender, religion, ethnicity, and sexual
orientation, among other categories, and its provisions are generally
respected in practice. However, Māori—who account for approximately 16
percent of the population—and Pacific Islanders experience some
discrimination in schools, the workplace, and the health system. They are
also disproportionately represented in the penal system, accounting for
just over half of the prison population as of 2019. Recent campaigns to
recruit more officers of Māori, Pacific Islander, and Asian descent aim to
improve cultural and ethnic sensitivity within the police force and combat
profiling and discrimination.

The annual Child Poverty Monitor Technical Report has documented for
many years that children of Māori and Pacific Islander descent are more
likely to experience poverty. The Ardern government has been criticized
for its inefficacy in addressing this issue, which it claimed was a policy
priority.

Racism and discrimination towards people of Asian descent, as well as

first generation immigrants, is a challenge, one that has grown during the
COVID-19 pandemic. Approximately 50 percent of people of Asian descent
reported experiencing racism or discrimination since the start of the
pandemic.

Women continue to face some disparities in employment, including a

gender pay gap and underrepresentation in leadership positions in both
the public and private sectors. The government enforces strong legislation
protecting the rights of LGBT+ people. However, LGBT+ people report
workplace discrimination and poorer physical and mental health
compared to the general population.

Though the government routinely accepts refugees and asylum seekers,

the New Zealand Human Rights Commission has raised concerns that
refugees are not always given sufficient information to enable them to
access important services such as interpreters, housing, and English-
language instruction. Separately, asylum seekers are sometimes detained
alongside criminal inmates while their identity is being confirmed.

G Personal Autonomy and Individual Rights

G1 0-4 pts
Do individuals enjoy freedom of movement, including the ability to change
4 4
their place of residence, employment, or education?

The government respects freedom of movement, and neither state nor

nonstate actors place undue restrictions on people’s ability to change
their place of residence, employment, or education.

The New Zealand government periodically imposed lockdowns in 2020

and 2021 to contain outbreaks of the coronavirus. International travel has
been limited, with arrivals forced to complete a state-supervised fourteen-
day quarantine throughout much of the pandemic.

G2 0-4 pts
Are individuals able to exercise the right to own property and establish private
4 4
businesses without undue interference from state or nonstate actors?
New Zealand’s legal and regulatory frameworks are broadly supportive of
private business activity and provide strong protections for property
rights.

G3 0-4 pts
Do individuals enjoy personal social freedoms, including choice of marriage
partner and size of family, protection from domestic violence, and control over 4 4
appearance?

Personal social freedoms are broadly protected, including on issues like

marriage and divorce. Same-sex marriage was legalized in 2013, and
same-sex couples may jointly adopt children. However, violence against
women and children remains a critical problem in many communities. A
government survey released in 2020 reported that over one in three
people identifying as women had been a victim of sexual violence in their
lifetime. Abortion is legal in New Zealand; in March 2020 Parliament
removed all restrictions up to 20 weeks of pregnancy and fully
decriminalized the procedure.

G4 0-4 pts
Do individuals enjoy equality of opportunity and freedom from economic
4 4
exploitation?

Residents generally have access to economic opportunities, but the Māori

and Pacific Islander populations have disproportionately high rates of
unemployment, affecting their economic and social mobility. Women and
Pacific Islander people are among the most likely groups to receive lower
pay for equal work. In December 2020, the Human Rights Commission
announced an inquiry into the unequal pay and equal employment
discrimination faced by Pacific Islander workers.
Migrant workers are vulnerable to exploitative conditions including forced
labor in industries such as fishing, agriculture, construction, hospitality,
and domestic service. The government has taken action to combat these
abuses, and in August 2020 authorities announced a crackdown on
exploitation and protections to help migrant workers escape exploitative
environments.