Country Report on Human Rights Practices for 1987
NEW ZEALAND
New Zealand's system of government is patterned on that of
Great Britain, with executive authority vested in a 20-member
cabinet led by a prime minister. Of the 97 members of the
unicameral legislature, 4 are elected from a separate roll to
represent the minority population of native Maoris.
Of New Zealand's population of 3,263,000, native Maoris of
Polynesian origin number 405,000, and 126,000 are Polynesians
from other Pacific Islands. The rights of the increasingly
urbanized, disadvantaged, and activist Maori minority have
been receiving growing public attention. The Ministry of
Maori Affairs is responsible for looking after their interests
and needs
.
Real annual average economic growth has been low in recent
years. However, the free enterprise economy affords the
opportunity for a reasonable standard of living for most New
Zealanders. Education is freely available to all.
In 1987 New Zealand continued its excellent record in human
rights. New Zealanders continue to enjoy personal freedom,
freedom of religion, freedom of the press, universal suffrage,
and the rule of law. Respect for minority rights, concern for
the economically deprived, and the humane treatment of
prisoners are established in principle and in practice.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Killing for political motives by the Government or by New
Zealand political organizations does not occur.
b. Disappearance
There have been no instances of political disappearance.
c. Torture or Other Cruel, Inhuman, or Degrading Treatment or Punishment
The rights of those arrested in New Zealand are protected by
law and observed in practice. Prisoners are provided access
to legal assistance and allowed visits by family members.
Food, facilities, and medical care are good. Prisoners are
given the opportunity to work.
d. Arbitrary Arrest, Detention, Exile or Forced Labor
Freedom from arbitrary arrest, detention, and exile is assured
in New Zealand law and respected in practice. New Zealand law
provides for a writ of habeas corpus. Persons arrested in New
Zealand are charged promptly. Legal aid is provided by the
court to those who cannot afford to pay for a private attorney.
New Zealand does not permit preventive detention or the use of
forced or compulsory labor.
e. Denial of Fair Public Trial
New Zealand law assures a prompt, public trial. The rights of
the accused are scrupulously maintained and subject to public
scrutiny. The judiciary operates independently of executive
or legislative influence.
f. Arbitrary Interference with Privacy, Family, Home or Correspondence
The right to privacy is assured under New Zealand law. The
Government does not violate a person's privacy, the sanctity
of the home, or the integrity of correspondence.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Presso
Freedom of speech and the press are assured by New Zealand law
and respected in practice. There are 150 newspapers and 590
magazines published. These cover the spectrum of political
and social thought. The Government makes no attempt to censor
the press, and opposition viewpoints are freely expressed.
b. Freedom of Peaceful Assembly and Association
There are no restrictions on peaceful assembly or association.
Independent labor unions, which in 1986 encompassed 64 percent
of wage earners, actively engage in recruiting members and in
collective bargaining, and they have the right to strike.
Public sector unions are in some cases precluded from engaging
in strike action but generally only for reasons of public
safety. Mediation and arbitration procedures are independent
of government control. Unions freely maintain relations with
international bodies and participate in bilateral exchanges.
c. Freedom of Religion
New Zealand enjoys a long tradition of religious tolerance.
All faiths are given equal treatment under the law.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
There are no controls upon citizens of New Zealand regarding
internal movement or resettlement. Foreign travel is
unrestricted, and the right to return is assured. Within the
limits of the nation's resources. New Zealand accepts and
resettles refugees and asylum seekers.
Section 3 Respect for Political Rights: The Right of Citizens to Change Their Gonvernment
The New Zealand Government is freely elected by its people.
Two major parties. Labour and National, dominate the political
scene and have alternately formed governments since the 1930's.
There are other smaller parties and groups which are mostly
devoted to limited and parochial issues, and are usually of
little consequence in the national electoral process.
Universal suffrage at 18 years of age and triennial elections
provide the opportunity for citizens of New Zealand to change
their government. There are no restrictions based upon race,
sex, creed, or national origin which limit participation in
the political process. Voting rates are high, and
participation in political groups is common. Opposition
groups have every opportunity to voice their views.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
In the absence of allegations of abuse of human rights in New
Zealand, no international or nongovernmental bodies have
conducted investigations. New Zealand's endorsement of the
principles of human rights is clearly demonstrated by its
participation in local, national, and international bodies
organized to protect human rights and prevent discrimination.
Local human rights groups include governmental entities such
as the New Zealand Human Rights Commission, the New Zealand
Council for Civil Liberties, and private organizations such as
the Citizens Association for Racial Equality, the New Zealand
Chapter of the International Commission of Jurists, the Race
Relations Conciliator, Amnesty International, and the National
Organization of Women.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
Despite the historical absence of overt discrimination, the
Maori population, which is largely young and urbanized (90
percent now living in cities) remains marginally educated and
economically disadvantaged. Notwithstanding the noteworthy
success of some Maori and extensive intermarriage with Pakeha
(Caucasians), the stresses of transferring from a rural,
traditional society to an urban Western environment are
evident in various social indicators. A relatively high
percentage of Maori are unemployed, and they figure
disproportionately in crime statistics and the prison
population. There has been a rise in Maori activism,
evidenced most directly in a series of court cases demanding
the return of government-held land to its original Maori
tribal owners. Statements by Maori activists denouncing
allegedly racist attitudes in New Zealand society and
identifying with the claims of indigenous groups in Fiji and
the South Pacific Islands are also more frequent. The
Government has initiated a dialogue on proposed reforms
designed to enhance Maori representation in the political
process, thus better ensuring recognition of their basic
rights and aspirations.
There is growing sensitivity to the status of women. In 1985
the Labour Government established a Ministry of Women's Affairs
and also ratified the U.N. Convention for the Elimination of
All Forms of Discrimination Against Women. In addition, the
Human Rights Commission (established in 1977 by the Human
Rights Commission Act) continues to hear complaints about most
forms of discrimination. The largest category of complaints
concerns discrimination against women in employment.
CONDITIONS OF LABOR
New Zealand enforces a 40-hour workweek and a minimum 3-week
annual paid vacation for all employees, in addition to 11 paid
public holidays. Children under age 16 may not be employed
without special government approval and must not work at all
between 10 p.m. and 6 a.m. The hourly minimum wage is $3.00.
Acceptable conditions of work are assured both by national
statute, such as the Machinery Act that requires secure
fencing around most moving and dangerous parts of machines,
and by safety, health, and welfare provisions included in
collective agreements.