Revision notes

What the Act is

• Passed in 1990; applies to government and public bodies
• Protects everyone in New Zealand, not just citizens
• Not supreme law — but courts prefer consistent interpretations
• Rights can only be limited where justified in a free and democratic society

Fundamental freedoms

• Freedom of expression, religion, assembly, association, and movement
• Criticising the government is protected political speech
• Citizens always have the right to enter New Zealand
• Minorities may enjoy their culture, religion, and language

Rights in the justice system

• No unreasonable search or seizure; no arbitrary arrest
• On arrest: told why, lawyer without delay, right to silence
• Presumed innocent until proved guilty; fair and public hearing
• No double jeopardy; protection from torture and cruel treatment

Electoral rights

• Citizens 18+ may vote and stand for Parliament
• Elections must be genuine, regular, and by secret ballot
• Every vote counts equally

Freedom from discrimination

• Human Rights Act 1993 bans discrimination on listed grounds
• Covers work, education, housing, goods and services
• Sexual and racial harassment are unlawful
• Protects everyone in New Zealand, whatever their status

The Human Rights Commission

• Complaints to the Human Rights Commission are free
• Unresolved cases can go to the Human Rights Review Tribunal
• Remedies include compensation and orders to stop the conduct

Equality in New Zealand life

• Women won the vote in 1893 — a world first (Kate Sheppard)
• Equal pay for equal work; equal rights for women and men
• Official languages: English, te reo Māori, NZ Sign Language
• Respecting others' rights is a responsibility of everyone

Who can vote

• Vote from 18; enrol from 17; enrolment compulsory, voting voluntary
• Citizens and permanent residents (1+ year in NZ) can vote
• Only citizens can stand for Parliament
• Māori voters may choose the Māori roll or the general roll

How MMP works

• MMP since 1996: two votes — party vote and electorate vote
• Party vote decides seat share; 5% threshold or one electorate seat
• About 120 MPs; elections every 3 years
• Coalitions are normal; the Electoral Commission runs elections

Democratic principles

• Free and fair elections by secret ballot; one person, one vote
• Electoral bribery and double voting are crimes
• The opposition's scrutiny is part of healthy democracy
• Participation: submissions, parties, referendums, local elections

A democratic milestone

• 1893: women win the vote — a world first
• Kate Sheppard led the suffrage movement
• Māori seats in Parliament date from 1867

The three branches

• Parliament makes law; the Executive governs; courts interpret law
• Separation of powers prevents concentration of power
• Rule of law: the law applies to everyone, including government
• The King is head of state; the Governor-General represents him

Parliament and making laws

• One chamber: the House of Representatives (~120 MPs), in Wellington
• Bills pass readings and select committees; public can make submissions
• Royal Assent turns a bill into law
• Government needs the confidence of the House and its approval to tax and spend

The Government, courts, and local government

• PM leads Cabinet; public service is politically neutral
• Court ladder: District Court → High Court → Court of Appeal → Supreme Court
• Judges are independent and appointed
• Councils run local services; local elections every 3 years

The Treaty of Waitangi

• Te Tiriti o Waitangi signed 6 February 1840 — founding document
• Waitangi Day (6 February) is a public holiday
• Waitangi Tribunal investigates Treaty breaches (since 1975)
• NZ's constitution is 'unwritten' — spread across laws and conventions

Offences against people

• Assault and family violence are crimes; protection orders protect victims
• Harming children is illegal — contact Police or Oranga Tamariki
• Serious online harassment can be criminal
• Emergency number: 111

Dishonesty and corruption

• Theft, burglary, receiving stolen goods, and fraud are crimes
• Bribery of officials and tax evasion are serious offences
• Convictions can affect the good character test for citizenship

Driving, alcohol, and drugs

• Licence, seatbelts, child restraints (under 7), no hand-held phones
• Drink driving is criminal; zero alcohol for drivers under 20
• Alcohol purchase age is 18; supplying minors is an offence
• Illegal drugs: possession, use, and supply are crimes

Everyday responsibilities

• Firearms need a licence; no weapons in public without lawful reason
• Biosecurity breaches: instant $400 fine
• Ignorance of the law is no excuse
• Jury service and court summonses are legal obligations

Getting and holding a passport

• Citizens only; issued by the Department of Internal Affairs
• Adult passport: 10 years; child passport: 5 years; everyone needs their own
• Misusing or altering a passport is a crime
• Dual citizenship is allowed; citizenship is generally for life

Rights and help overseas

• Citizens never need a visa to enter New Zealand
• Trans-Tasman arrangement: live and work in Australia
• Consulates support you but cannot override local law
• Lost passport overseas → contact the nearest NZ embassy

Responsibilities when travelling

• Obey local laws — your passport is not an exemption
• Check SafeTravel advisories; register your travel; get insurance
• The government cannot pay overseas medical bills
• Declare biosecurity items on return — $400 instant fine if you don't