Freedom in the World 2024 - New Zealand

FREE
99
/ 100
Political Rights 40 / 40
Civil Liberties 59 / 60
LAST YEAR'S SCORE & STATUS
99 / 100 Free
Global freedom statuses are calculated on a weighted scale. See the methodology.
 

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 2023

  • In January, Jacinda Ardern of the center-left Labour Party—who had led the country since 2017—resigned as prime minister; she was replaced by Chris Hipkins.
  • In November, Christopher Luxon became prime minister after his center-right National Party secured a coalition arrangement with two right-wing partners, ACT New Zealand and New Zealand First, following general elections held the previous month.
  • In the lead-up to the October elections, the Electoral Commission became the target of conspiracy theories and disinformation campaigns alleging voter fraud; these allegations were debunked by online fact-checkers.
 

Political Rights

A Electoral Process

A1 0-4 pts
Was the current head of government or other chief national authority elected through free and fair elections? 4 / 4

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.

Ardern, who had been reelected as prime minister in 2020 following legislative elections, resigned in January 2023. She was succeeded by Hipkins, who served as prime minister until the Labour Party was defeated in October elections. Luxon, the National Party leader and a former Air New Zealand chief executive, was sworn in as prime minister on November 27.

A governor general, appointed by the British monarch on advice of the prime minister, represents the monarch as New Zealand’s head of state. In October 2021, Dame Cindy Kiro was appointed governor general, becoming the first Māori woman to serve in that position.

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

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.

The Labour Party was handed a landslide defeat in the October 2023 national elections. Labour, which had won 65 seats in the previous election, claimed just 34 seats in the new Parliament. The National Party secured 49 seats, up from 33. The left-wing Green Party secured 15 seats, while the ACT New Zealand and New Zealand First parties won 11 and 8 seats, respectively. New Zealand First returned to Parliament after losing all its seats in the 2020 vote. The Māori Party (Te Pāti Māori) claimed 6 seats.

Following more than a month of negotiations, Luxon’s National Party reached a coalition agreement with ACT New Zealand and New Zealand First on November 23.

Unusually for New Zealand, the 2023 election campaign was marred by incidents of low-level political violence and heightened political polarization. In September, Labour Party lawmaker Angela Roberts said a man grabbed her and slapped her after an election debate. Also that month, Māori Party candidate Hana-Rāwhiti Maipi-Clarke said her home was broken into and a threatening note was left behind; the circumstances of the incidents remained under investigation. A senior National Party figure alleged that party candidates, volunteers, and supporters had been subjected to assaults and intimidation, including death threats. Billboards from all major parties were vandalized, with graffiti often using racist and misogynistic language.

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

The legal framework supports democratic elections, and elections are implemented fairly in practice. The independent Electoral Commission administers polls and referendums, promotes compliance with electoral laws, and provides public education on electoral issues.

The commission became the target of conspiracy theories and disinformation campaigns in the lead-up to the October 2023 elections. Theories spread on social media that anyone who looked over 18 would be allowed to vote and that candidate- or party-appointed monitors, known as scrutineers, would be prevented from watching the counting of so-called special votes; these claims were debunked by online fact-checkers.

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 obstacles to the rise and fall of these competing parties or groupings? 4 / 4

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 gain power through elections? 4 / 4

The political system has experienced regular democratic transfers of power between rival parties. Power has traditionally alternated between the Labour Party and the National Party, with the National Party claiming the premiership after the October 2023 general elections.

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 means? 4 / 4

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 that New Zealand’s government has been hesitant to criticize the Chinese government’s human rights abuses. Luxon has signaled his desire for a more open relationship with China, including New Zealand’s potential involvement in China’s Belt and Road Initiative.

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 electoral opportunities? 4 / 4

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. Following the October 2023 elections, Māori representatives comprise nearly 27 percent of seats in Parliament, with the Māori Party holding six seats. In October 2021, Dame Cindy Kiro became the first Māori woman to be appointed governor general.

Women are relatively well-represented in politics, and the government has taken steps to encourage their participation. Between October 2022 and October 2023, for the first time in New Zealand’s history, women held an equal share of seats in the legislature as men. The October 2023 elections lowered the proportion of women to 45.5 percent of seats.

In a November 2022 ruling, New Zealand’s Supreme Court found that the minimum voting age of 18 contradicted the country’s Bill of Rights, which confers on individuals aged 16 and over the right to be free of age discrimination. Draft legislation to allow 16- and 17-year-olds to vote and run in local elections passed its first reading in August 2023, but the dissolution of Parliament ahead of the October elections meant the bill did not advance before the year’s end.

C Functioning of Government

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

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.

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.

In recent years, there have been several investigations into alleged breaches of political party funding laws: as of October 2023, four of the six parties to have recently held seats in New Zealand’s Parliament (the Labour, National, and Māori parties, and New Zealand First) had been either under investigation or prosecuted for violations of campaign finance laws in recent years. In one case in October 2022, three people were convicted of “obtaining by deception” for deliberately making political donations in a way that concealed the identity of the donor in 2017 and 2018. Among those convicted in the proceedings brought by New Zealand’s Serious Fraud Office (SFO) was Yikun Zhang, a Chinese-born New Zealand national and former member of the Chinese People’s Political Consultative Conference (CPPCC), an organization with links to the Chinese Communist Party (CCP).

Following government pledges to further tighten campaign finance rules before the 2023 general elections, Parliament passed the Electoral Amendment Bill in December 2022; among other things, the legislation includes provisions lowering the threshold at which political parties must publicly identify a donor from NZ$15,000 (US$9,158) to NZ$5,000 (US$3,053).

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.

Journalists report that they are sometimes subjected to abuse and intimidation, particularly online, when they publish certain stories. According to the findings of an academic study of journalists’ experiences at New Zealand’s largest news organization, Stuff, published in December 2023, online abuse and threats are widespread, and women reporters—especially Māori women—were subjected to the most severe abuse, including threats of sexual violence.

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

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 political indoctrination? 4 / 4

Academic freedom typically prevails at all levels of instruction. However, concerns persist regarding Chinese government interference in New Zealand’s higher education sector.

D4 0-4 pts
Are individuals free to express their personal views on political or other sensitive topics without fear of surveillance or retribution? 4 / 4

New Zealanders are free to discuss personal views on sensitive topics. However, 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.

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 during lockdowns imposed periodically from 2020 to curb the spread of the COVID-19 pandemic, though most COVID-19-related restrictions on gatherings were lifted in April 2022.

In April 2023, police warned climate protesters who cause significant disruption that they could face up to 14 years’ imprisonment for “endangering transport” under Section 270 of the 1961 Crimes Act, a vaguely worded charge that includes acts done with reckless disregard for the safety of persons or property that also interfere with a transport facility. That month, four protesters were charged with endangering transport after blocking a highway in Wellington, the capital. Legal proceedings against the protesters were ongoing at year’s end.

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

There are no significant restrictions on the ability of nongovernmental organizations (NGOs) to form, operate, and solicit funds.

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

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

New Zealand’s 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.

New Zealand’s counterterrorism legislation allows for broad restrictions to be imposed on individuals suspected of involvement in terrorism-related activity, even if they have not been charged or convicted. Amendments that further strengthened counterterrorism laws were passed in May 2023, and included changes allowing for greater judicial discretion in setting restrictions for individuals deemed high risk, among other measures.

A review of New Zealand’s national security system, presented to Parliament in May 2023, found that intelligence agencies are not sufficiently transparent about their activities and that the term “protection of national security” was not defined in the 2017 Intelligence and Security Act, leading to potential ambiguity in the law’s application. Then prime minister Hipkins said he would consider the report’s recommendations.

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

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. The perpetrator of the shootings received a life sentence in 2020. A Royal Commission inquiry into the causes of the attack identified serious failures by the country’s intelligence services.

In 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 segments of the population? 3 / 4

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 17 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 2023. 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.

In the lead-up to the October 2023 national elections, billboards featuring candidates from the Māori Party were defaced or otherwise tampered with; party members attributed the vandalism to latent racism in the community.

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.

Racism and discrimination toward people of Asian descent, as well as first generation immigrants, persists. Approximately 50 percent of people of Asian descent reported experiencing racism or discrimination since the start of the COVID-19 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 their place of residence, employment, or education? 4 / 4

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 government periodically imposed lockdowns from 2020 through 2022 to contain outbreaks of the coronavirus. Most COVID-19-related restrictions, including travel restrictions, were lifted by September 2022.

G2 0-4 pts
Are individuals able to exercise the right to own property and establish private businesses without undue interference from state or nonstate actors? 4 / 4

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 appearance? 4 / 4

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 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 exploitation? 4 / 4

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 August 2023, the government announced that it would introduce legislation requiring large employers to report their gender pay gaps. However, the bill was not introduced before the dissolution of Parliament ahead of the October elections and did not advance before the year’s end.

Migrant workers are vulnerable to exploitative conditions including forced labor in industries such as fishing, agriculture, construction, hospitality, and domestic service. In August 2023, a whistleblower alleged that a migrant visa program was being regularly used by employers to exploit foreign workers. The Public Service Commission announced plans to review the program following the whistleblower report.

In July 2023, the government announced that it was preparing legislation that would require large businesses to report information about their supply chains on a public register, in an effort to eliminate modern slavery. However, the bill was not introduced before the dissolution of Parliament ahead of the October elections and did not advance before the year’s end.