NEW ZEALAND
New Zealand
New Zealand
Joined United Nations:  24 October 1945
Human Rights as assured by their constitution  
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Updated 05/06/10
CAPITAL
POPULATION
CHIEF OF STATE
SELECTION PROCESS
Wellington
4,213,418 (July 2009 est.)
Elizabeth II of United Kingdom
Queen since 6 February 1952
The monarch is hereditary and holds that position for life or until
abdication. The Governor General is selected by the Queen.

Next scheduled election: None
HEAD OF GOVERNMENT
SELECTION PROCESS
John Phillip Key
Prime Minister since 08 November 2008
Following legislative elections, the leader of the majority party or
leader of a majority coalition is sworn in as prime minister by the
governor general; last election held 08 November 2008

Next scheduled election: To be called no later than 2011
DECLARATION OF HUMAN RIGHTS
ETHNIC GROUPS
European 69.8%, Maori 7.9%, Asian 5.7%, Pacific islander 4.4%, other 0.5%, mixed 7.8%, unspecified 3.8%
(2001 census)
RELIGIONS
Anglican 14.9%, Roman Catholic 12.4%, Presbyterian 10.9%, Methodist 2.9%, Pentecostal 1.7%, Baptist 1.3%,
other Christian 9.4%, other 3.3%, unspecified 17.2%, none 26% (2001 census)
GOVERNMENT
STRUCTURE
Parliamentary democracy  ; 16 regions and 1 territory. Legal system is based on English law, with special land legislation
and land courts for the Maori; accepts compulsory ICJ jurisdiction, with reservations
Executive:  Monarch represented by Governor General; Prime Minister and Deputy Prime Minister selected by
Governor General and are traditionally leaders of majority part or coalition
Legislative: Unicameral House of Representatives - commonly called Parliament (120 seats; 69 members elected by
popular vote in single-member constituencies including seven Maori constituencies, and 51 proportional seats chosen from
party lists, all to serve three-year terms)
elections: Last held 08 November 2008 (next to be held not later than 2011)
Judicial: Supreme Court; Court of Appeal; High Court; note - Judges appointed by the Governor-General
LANGUAGES
English (official), Maori (official)
BRIEF HISTORY
New Zealand was originally settled by waves of Polynesians some time between 1000 and 1300 CE, although some
evidence suggests earlier settlement. The descendants of these settlers created a distinct culture and became known as the
Māori. Separate settlement of the tiny Chatham Islands in the east of New Zealand produced the Moriori people;
linguistic evidence (see Clark 1994 cited in References below) indicates that the Moriori were mainland Māori who
ventured eastward. Some of the Māori (particularly in the North Island), called their new homeland "Aotearoa" ("land of
the long white cloud"). As the large game became scarce or extinct, cultivation and horticulture grew in economic
importance. New Zealand has no native land mammals, apart from some rare bats. Birds, fish and sea mammals were
important sources of protein. Māori cultivated food plants which they had brought with them from Polynesia, including
sweet potatoes (called kūmara), and taro. They also cultivated the cabbage tree, a plant endemic to New Zealand.
Cannibalism, as elsewhere in the Pacific, played a very small part in the diet. The first Europeans known to reach New
Zealand were the crew of Dutch explorer Abel Tasman, who arrived with his ships Heemskerck and Zeehaen. Tasman
anchored at the northern end of the South Island in December 1642 but sailed northward to Tonga following a clash with
local Māori. Tasman sketched sections of the two main islands' west coasts. Tasman called them Staten Landt and that
name appeared on his first maps of the country. Dutch cartographers changed the name to Nova Zeelandia in Latin which
derived from Nieuw Zeeland in Dutch. It was subsequently Anglicised as New Zealand by British naval captain James
Cook of the HM Bark Endeavour who visited the islands more than 100 years after Tasman (1769-1770). Cook
returned to New Zealand on both of his subsequent voyages. From the 1790s, the waters around New Zealand were
visited by British, French, and American whaling ships, whose crews sometimes came into conflict with Māori inhabitants.
Seal hunters quickly exploited the abundant fur seal colonies around the coastline. The arrival of traders and missionaries
in the 1800s and 1810s provided the opportunity to trade goods and ideas, but added to local disputes. The first full-
blooded European infant in the territory, Thomas King, was born in 1815 in the Bay of Islands. The initiation of large-
scale settlement and land purchases in 1839 by the New Zealand Company, coupled with increasing French interest in the
islands, finally prompted the British government to take control of the situation. In 1788 Arthur Phillip founded the colony
of New South Wales. According to Phillip's amended Commission dated 25 April 1787, the colony included "all the
islands adjacent in the Pacific Ocean" and running westward on the continent to the 135th meridian. The key founding
document of modern New Zealand was the Treaty of Waitangi signed on 6th February 1840, between Britain and Māori
chiefs. Britain was represented by William Hobson who had arrived in January 1840 with instructions to negotiate with
Māori to cede sovereignty over as much of the country as he saw fit. Two versions of the treaty were created, an English
and a version translated into Māori by the missionary Henry Williams. Historians have debated the differences between
the Māori and English translations. New Zealand decided against joining the Commonwealth of Australia in 1901, and
instead changed from being a colony to a separate "dominion" in 1907, equal in status to Australia and Canada. The
current Labour government followed its November 1999 election success by substantially outpolling National in the July
2002 general election, and increasing its share of party vote again in the 2005 election, although with a much narrower
margin. Helen Clark became the first Labour Leader to give her party three terms since World War II. She and the Labor
Party were defeated on 08 November 2008  by John Key of the National Party.
Sources   Wikipedia: History of New Zealand
ECONOMIC OVERVIEW
Over the past 20 years the government has transformed New Zealand from an agrarian economy dependent on
concessionary British market access to a more industrialized, free market economy that can compete globally. This
dynamic growth has boosted real incomes - but left behind some at the bottom of the ladder - and broadened and
deepened the technological capabilities of the industrial sector. Per capita income rose for ten consecutive years until
2008 in purchasing power parity terms, but fell in 2009. Debt-driven consumer spending drove robust growth in the first
half of the decade, helping fuel a large balance of payments deficit that posed a challenge for economic managers.
Inflationary pressures caused the central bank to raise its key rate steadily from January 2004 until it was among the
highest in the OECD in 2007-08; international capital inflows attracted to the high rates further strengthened the currency
and housing market, however, aggravating the current account deficit. The economy fell into recession before the start of
the global financial crisis and contracted for five consecutive quarters in 2008-09. In line with global peers, the central
bank cut interest rates aggressively and the government developed fiscal stimulus measures. The economy pulled out of
recession in 2009 but posted only anemic growth - key trade sectors remain vulnerable to weak external demand. The
government plans to raise productivity growth and develop infrastructure, while reining in government spending.
Source: CIA World Factbook (select New Zealand)
POLITICAL CLIMATE
New Zealand was the first country in the world in which all the highest offices were occupied by women, between March
2005 and August 2006: the Sovereign Queen Elizabeth II of New Zealand, Governor-General Dame Silvia Cartwright,
Prime Minister Helen Clark, Speaker of the New Zealand House of Representatives Margaret Wilson and Chief Justice
Dame Sian Elias.

After the General election in November 2008, the National Party moved quickly to form a minority government with the
ACT Party and the Maori Party. This arrangement allowed National to decrease its reliance on the right-leaning ACT
party, whose policies are sometimes controversial with the greater New Zealand public. Currently, John Key, who took
control of the National Party from Don Brash, is Prime Minister, and Bill English is the deputy. This arrangement conforms
to the general tradition of having a north-south split in the major parties' leadership, as John Key's residence is in
Auckland and Bill English's electorate is in the South Island.
Source:
Wikipedia: Politics of New Zealand
INTERNATIONAL
DISPUTES
Asserts a territorial claim in Antarctica (Ross Dependency) [see Antarctica]
U.S. State Department
United Nations Human
Rights Council
Amnesty International
Human Rights Watch
Freedom House
REFUGEES AND
INTERNALLY
DISPLACED PERSONS
(IDP)
None reported.
ILLICIT DRUGS
Significant consumer of amphetamines.
Human Rights Commission
of New Zealand
U. S. STATE
DEPARTMENT
HUMAN RIGHTS STATEMENTS, ANALYSIS AND CRITIQUES
2009 Human Rights Report: New Zealand
Bureau of Democracy, Human Rights, and Labor
2009 Country Reports on Human Rights Practices
March 11, 2010

New Zealand is a parliamentary democracy with a population of 4.33 million. Citizens choose their representatives in free and fair
multiparty elections, most recently held in November 2008. The National Party won 58 parliamentary seats and formed a minority
coalition government; John Key became the new prime minister. Civilian authorities generally maintained effective control of the
security forces.

The government generally respected the human rights of its citizens, and the law and judiciary provide effective means of
addressing individual instances of abuse; however,
  • indigenous people disproportionately experienced societal problems.
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UNITED NATIONS
HUMAN RIGHTS
COUNCIL
7 April 2010
Human Rights Committee
Ninety-eighth session
New York, 8–26 March 2010
Concluding observations of the Human Rights Committee

Consideration of reports submitted by States parties under
article 40 of the Covenant
New Zealand

A. Introduction
2. The Committee notes with appreciation the timely submission of the fifth periodic report of the State party which gives detailed
information on measures adopted by the State
party to further the implementation of the Covenant. Furthermore, it expresses its
appreciation for the quality of the written replies to the list of issues
(CCPR/C/NZL/Q/5/Add.1) as well as of the answers provided
orally during the
consideration of the report.

B. Positive aspects
3. The Committee welcomes the following legislative and other measures:
(a) The adoption of the Civil Union Act 2005 regarding the recognition of civil
unions of persons of the same sex and the right to
equality of gay, lesbian, bisexual and
transgender persons;
(b) The repeal of the defence permitting the use of force against children in the
home for the purposes of parental correction in the
Crimes Act;
(c) The adoption of the Immigration Act 2009;

C. Principal subjects of concern and recommendations
5. The Committee welcomes the State party’s indication that it is currently amending its regulations on detention so as to permit the
withdrawal of its reservation to article 10,
paragraphs 2 (b) and 3, of the Covenant. The Committee further notes the intention of the
State party to maintain its other reservations.
The State party should proceed to withdraw its reservations to article 10,
paragraphs 2 (b) and 3, and consider withdrawing all its
other reservations to
the Covenant.
6. The Committee welcomes the adoption of a national action plan for human rights
2005-2010 by the New Zealand Human Rights
Commission and notes the delegation’s
statement that all Government agencies are asked to take the action plan into consideration
when developing their policies and programs, but is concerned that the State party has not
formally endorsed such a plan as
Government policy. (art. 2)
The State party should engage in the development and the official adoption, as
government policy, of a national human rights action
plan 2010-2015.
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FREEDOM HOUSE
Freedom in the World Report- 2010
Political Rights Score: 1
Civil Liberties Score: 1
Status: Free

Overview
In 2009, Prime Minister John Key tried to increase Maori and Pacific Islander support for the National Party-led coalition
government by visiting important Maori sites and reaching out to these communities. Meanwhile, Taito Phillip Field, the first
Pacific Islander elected to Parliament, was found guilty of bribery, corruption, and other criminal charges in August.

Prime Minister Helen Clark called for a snapgeneral election in November 2008 in the midst of declining popularity, political
scandals, and growing public anxiety about the domestic economic recession, exacerbated by the global financial crisis. The
National Party, led by John Key, captured 58 seats, while Labour took 43 seats. With support from the Maori Party (5 seats), the
United Future Party (1 seat), and the ACT New Zealand Party (5 seats), the coalition under Key’s National Party took control of 69
of the 122 seats in Parliament, and Key was elected the new prime minister.

In 2009, Prime Minister Key tried to improve ties with the Maori population. In celebration of New Zealand’s national day on
February 4, he visited Waitangi—a practice terminated by his predecessor in 2004 after being jostled by protestors. Although two
men did try to attack Key, they were arrested, and Key was unharmed. Also in February, the government officially acknowledged
that the war dance (haka) performed by the national rugby team belongs to the Maori, in particular the Ngati Toa tribe. This was
the first official designation of intellectual property protection for the Maori. While the Maori will not be awarded royalty claims,
the tribe is permitted to address grievances over inappropriate use of the haka. In addition, the government agreed to pay $111
million in compensation—including both rent payments from government-owned forests and greenhouse gas emission credits—to
eight tribes as a comprehensive settlement for grievances over land seizures and other breaches of the 1840 Treaty of Waitangi. In
July, the government reversed the position of the previous administration and said it will endorse the United Nations Declaration on
the Rights of Indigenous Peoples.

As of May 2009, nearly 5,000 foreign workers, mainly from neighboring Pacific islands, were working in the country under the
2006 Recognized Seasonal Employers Scheme (RSE). However, unemployment rates reached a record high of 7.3 percent in the
December 2009 quarter. In response to popular pressure, the government implemented further restrictions on new migrant
workers and their dependents. Beginning December 1, 2009, migrant workers must earn a minimum gross annual income of
$33,675 in order for their children to receive visas to study in New Zealand. Many neighboring Pacific island countries welcomed
the scheme as a way to increase remittance income, but critics in New Zealand argue that the plan takes jobs away from local
people.
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AMNESTY
INTERNATIONAL
24 September 2009
Human Rights Council adopts Universal Periodic Review outcome on New Zealand: Amnesty International urges the
government to enhance respect for Indigenous Rights and recognition of economic, social and cultural rights

Amnesty International welcomes New Zealand’s willingness to “move to support” the UN Declaration on the Rights of Indigenous
Peoples as recommended by many states in the UPR Working Group.1 The organization calls on the government to announce its
clear and unambiguous support of the Declaration and to reflect its provisions in domestic legislation. This will send an important
signal to the Maori, iwi and hapu communities in New Zealand, as well as to the international community, of the government’s
serious commitment to promoting and protecting Indigenous rights.

Amnesty International also welcomes New Zealand’s acceptance of recommendations to continue the dialogue with Maori
regarding the Foreshore and Seabed Act of 2004, to explore ways of mitigating the Act’s discriminatory effects, and to provide
compensation to Maori for their loss of land.2 The Independent Ministerial Board had earlier recommended that the Act be repealed,
and the government must now ensure that new legislation fully protect the human rights of Maori and enshrine the principles of
recognition of customary rights, due process, good faith, and compensation.

Amnesty International welcomes New Zealand’s acceptance of the need to ensure that prisoners are treated humanely, including in
privatized prisons,3andencourages the government to amend the Corrections Act 2004 to require that conditions in privatized
prisons comply with the UN Standard Minimum Rules for the Treatment of Prisoners.

The organization reiterates its call on the government to explore options for the early ratification of the Optional Protocol to the
International Covenant on Economic, Social and Cultural Rights and for greater recognition of economic, social and cultural rights
in domestic legislation.4

Finally, Amnesty International applauds New Zealand’s commitment to the UPR, including the early submission of a detailed
response to the recommendations and its commitment to ensure regular consultation with civil society in the follow up.

Background
The 12thsession of the UN Human Rights Council today adopted the outcome of the Universal Periodic Review of New Zealand.
Prior to the adoption of the report of the review Amnesty International delivered the oral statement above.
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HUMAN RIGHTS WATCH
UN Race Conference Undermined by Western Withdrawals
US, Other Governments Cannot Take ‘Yes’ for an Answer
April 19, 2009

(Geneva) – The announcement by the US government that it would not participate in the upcoming UN Review Conference on
Racism, followed by the decision of the Netherlands, New Zealand, and Australia to pull out and Germany to attend as an
observer, strikes a blow at UN efforts to fight racism, Human Rights Watch said today. There is no justification for the decision
because the draft declaration to be adopted at the conference on April 20-24, 2009, fully incorporates the legitimate concerns of
EU and other Western governments.

“The sad truth is that countries professing to want to avoid a reprise of the contentious 2001 racism conference are now the ones
triggering the collapse of a global consensus on the fight against racism,” said Juliette de Rivero, Geneva advocacy director at
Human Rights Watch. “As these Western governments demanded, the negotiated text for the review conference upholds freedom
of expression and avoids singling out Israel. But these governments couldn’t take ‘yes’ for an answer and are boycotting the
conference anyway.”

The draft document, adopted after preparatory negotiations, contains no reference to Israel or the Middle East and rejects the
dangerous concept that religions, as opposed to individuals, could be defamed or have their rights violated. It also reaffirms the
singular tragedy of the Holocaust and condemns anti-Semitism. In addition, it fully protects the right to freedom of expression as
defined under international law, affirms and strengthens the call for the protection of migrants’ rights, and acknowledges multiple
and aggravated forms of discrimination.

Some governments have argued against the document because it reaffirms the 2001 Declaration and Program of Action. However,
with the exception of the US, the Western governments now planning to boycott the conference endorsed the prior declaration in
2001. Although the US government boycotted the 2001 conference, and had concerns about language in the proposed text
regarding incitement, its concerns could easily have been met through reservations or parallel statements rather than a wholesale
boycott of the conference and its important race agenda.
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OFFICIAL
GOVERNMENT HUMAN
RIGHTS STATEMENT
54th session of the Commission on the Status of Women
Statement by Hon Pansy Wong, Minister of Women's Affairs,, New York, 1 March 2010

Tena koutou katoa

Chair.

On the occasion of the 15th anniversary of the Fourth World Conference on Women, New Zealand reaffirms our enduring
commitment to the Beijing Declaration and Platform for Action.

Over the past fifteen years, New Zealand has made steady advances in the improvement of women’s lives and choices.  The major
progress has been in access to education and employment at all levels.  In the current economic climate, no country can afford to
under-utilise women’s skills and talents.  That is why a key focus for us is increasing the number of women in leadership and
governance positions.

I also consider it vital for New Zealand to play its part in promoting the rights of women and girls internationally.  Last year,
together with Colombia, New Zealand presented a resolution in the Human Rights Council that, for the first time, recognized
maternal mortality as a human rights issue.  We are pleased to support the resolution by the US at the Commission this year on the
maternal mortality.

We must redouble our efforts to improve access to health services for all women and girls with a focus on emergency obstetric
care, family planning, skilled birth attendance.

Discrimination against women such as equal pay and employment opportunities remains the major barrier to the empowerment of
women and girls.  New Zealand is a long-standing party to the Convention on the Elimination of All Forms of Discrimination
against Women.  This Convention has now achieved near universal status.  We call on those few non-State Parties to join without
further delay.

Some women face greater discrimination than others.  Since the 10th anniversary of Beijing, we have celebrated the adoption and
entry into force of the Convention on the Rights of Persons with Disabilities.  As the former Chair of the Convention negotiations,
we call on all States to ratify this Convention, which includes a specific provision on women disabilities.
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OFFICE OF THE
OMBUDSMAN
Commission recommends trial before courts use audiovisual links
22/04/2010

The Human Rights Commission has recommended a thorough trial of audiovisual technology in the courts before a law is passed
allowing courts to conduct trials electronically.

The Courts (Remote Participation) Bill before the Justice and Electoral Select Committee will allow any participant in a civil or
criminal proceeding to appear via audio visual link.

Equal Employment Opportunities Commissioner Dr Judy McGregor said the Commission supported the use of technology to
enhance the efficiency of the courts and access to justice.

However because the Bill would have a broad impact on the court system, a trial would allow the Judiciary, the Crown, Defence
counsel and the public an opportunity to evaluate the implications fully.

Before the Select Committee today, Dr McGregor said, “The Commission’s view is that as it stands the bill invokes a number of
significant human rights: the right to justice; the right to a fair and public trial; the right to be present and to present a defence and
the right of victims to participate in proceedings and to ‘confront’ the accused.”

The Commission disagreed with a Crown Law Office opinion to the Attorney General that the proposed legislation was not
inconsistent with the Bill of Rights Act.

Dr McGregor said Section 25(e) guarantees a “right to be present” in criminal proceedings and that “present” was defined as
“being in a specific place”.

If the bill proceeds, the Commission recommended a series of changes including:

  * The presumption in favour of the use of audio visual links in criminal matters should be reversed
  * An accused’s first appearance must not be by audio visual means in any circumstances
  * Criminal proceedings where the liberty of the accused is at issue, or where there is an impact on the accused’s ability to
defend the charge, may only be conducted by audio visual link with the informed consent of the accused
  * There should be a presumption that audio visual links will not be used in substantive criminal matters
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HUMAN RIGHTS
COMMISSION OF NEW
ZEALAND
Report of The Ombudsmen (Nga Kaitiaki Mana Tangata) for the year ended 30 June 2009
2008/2009

Introduction
The modern Ombudsman concept was founded in Sweden in 1809. In June this year, in Stockholm, Ombudsmen gathered from
around the world to celebrate the 200th anniversary. This was an opportune occasion to reflect on how the role has developed
among the member countries of the International Ombudsman Institute. For many, over and above the traditional role of
investigating maladministration, there is an increasing emphasis on human rights and the prevention of corruption. Some, like
New Zealand, are also responsible for administering or developing freedom of information regimes. There is still debate in many
countries about how Ombudsmen fit into administrative justice systems and how their functions relate to those of administrative
courts and tribunals.1

But overall the role is clearly one of addressing citizens’ complaints about public sector administration, and looking more widely at
systemic issues which militate against good administrative practice. It is also one of promoting transparency and ensuring that
citizens have adequate access to information. This allows citizens to participate more effectively in the democratic process, and
encourages government agencies to be proactive in making information available which will assist citizens to do just that.

As the first English speaking country to embrace the Ombudsman concept and because of its 27 years experience operating the
Official Information Act, New Zealand provides a model and practical experience which others look to in establishing their own
systems. Whilst the New Zealand Office of the Ombudsmen has maintained its position in terms of case management,
investigative methodology and overall professional competence, we have this year embarked on a programme of renewal. Our aim
is to strengthen professional practice, to model good administrative practice, to assist government agencies to improve their
complaints handling practices and to improve their knowledge and application of the Ombudsmen Act and of the Official
Information Act, in particular.

We went back to first principles to review our mission and what we needed to do to remain relevant to all our stakeholders. The
results of that process form the basis of this report, and are consistent with our purpose and the outcomes we are trying to
achieve.
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Represented by
Anand Satyanand
Governor General since 23 August 2006
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Click flag for Country Report
TRAFFICKING IN
PERSONS
None reported.
Simon William "Bill" English
Deputy Prime Minister
since 08 November 2008