Your rights in New Zealand
New Zealand has a range of laws intended to protect your human rights and other legal rights.
- life and security rights
- democratic and civil rights
- non-discrimination and minority rights
- search, arrest and detention rights
- criminal procedure rights
- justice rights.
- your age, sex (gender) or sexual orientation, marital or relationship status
- having a family or not
- being in a relationship with or related to a certain person
- your religious or ethical beliefs, or your colour, race, ethnicity or country of origin
- having any kind of disability, impairment or illness
- your political opinions
- your employment status.
- leave the relationship if it becomes abusive
- ensure a safe environment for their children
- refuse to do something if they do not want to do it
- work and study, depending on immigration or citizenship status.
- Women’s Refuge — 0800 733 843
- It’s not OK Information Line — 0800 456 450
- HELP sexual abuse services — 09 623 1700
- The Ministry for Vulnerable Children — Oranga Tamariki — 0508 326 459.
- Domestic and family violence — New Zealand Government
- Information on family violence and help — Are you OK
- Shakti International
- Family violence leave — Employment New Zealand
- Get help — Women's Refuge
- the right to being involved in decisions about their welfare
- the minimum age for various things they are entitled to
- the age from when they can legally live independently.
New Zealand has a Bill of Rights that aims to protect individuals from any actions of the government or organisations exercising public functions. It provides for a range of rights and freedoms, including:
The Bill of Rights Act 1990 does not generally apply to private businesses or individuals not performing public functions.
The Human Rights Commission has information on these rights and how to complain if something happens that you think may go against your rights.
Human rights in Legislation — New Zealand Human Rights Commission
New Zealand also has a Human Rights Act 1993. It protects everyone in New Zealand from discrimination — being treated unfairly or less favourably than someone else in the same or similar situation as you. Unlike the Bill of Rights Act 1990, the Human Rights Act 1993 is not limited to actions by government organisations, or private organisations or individuals, exercising public functions.
Under the Act, in most cases (there are limited specific exceptions), it is not legal for anyone to discriminate against you on the grounds of:
If you think you are facing discrimination, you can contact the Human Rights Commission for help. They use an interpreting service so you can talk in your own language.
If you feel unsafe, call the police on 111.
If you face racism or other forms of discrimination, you can complain to the Human Rights Commission. They can help with advice and information. If necessary, they can work with the other party to resolve your complaint. Your case may go to the Human Rights Review Tribunal, and they may award compensation if your feelings and dignity have been hurt.
You can report race-based abuse and crimes to the police. In New Zealand, if you need the police for an emergency, call 111.
If it is not an emergency but you need to contact the police, call them on 105.
Domestic or family violence is an important human rights issue. Anyone in a relationship has the right to:
The police and other agencies in New Zealand take family violence seriously. They have people who can help, and you do not have to leave your family to get help. Some of these agencies can arrange for interpreters who speak your language.
You can also get 10 days' paid leave and ask for short-term flexible working arrangements if you experience family violence.
If you are worried for your own or someone else's safety, call the following organisations on their 24-hour crisis phone lines:
Women of Asian, African and Middle Eastern origin can also contact Shakti on their multilingual 24-hour crisis line.
Shakti: 0800 742 584
For more information on the law and how you can access online support, counselling services, and safe accommodation, visit these websites.
If your relationship ends
Find out what you need to do if your relationship ends but your partner has supported your partner-based visa or included you in their visa application.
Visas for victims of family violence
If you have experienced family violence and have been in a partnership with a New Zealand citizen or resident, you may be able to apply for a Victims of Family Violence Work or Resident visa.
Children and young people up to the age of 17 years have special rights, which are covered by a range of different laws.
These rights include:
Smacking
Smacking children, or using physical force to discipline children, is illegal in New Zealand.
The Community Law website has more information about not smacking children on its Family law page.
People living with HIV have the same human rights as everyone else, including the right to health, privacy, non-interference from the state and non-discrimination. No one can refuse you a job, housing, medical services or dental services because you have HIV.
It is illegal in New Zealand to discriminate based on HIV status under the Human Rights Act 1993 and you can make a complaint to the Human Rights Commission if you feel you have faced discrimination.
Some cultural practices are against the law in New Zealand and carry serious punishments.
Female genital mutilation (FGM) or 'cutting' is against the law in New Zealand under the Crimes Act 1961, even if the woman or girl wants it done. There is a maximum jail term of 7 years for anyone found guilty of practising FGM.
It is also illegal to make any arrangement for a New Zealand citizen or resident or child to leave New Zealand for FGM to be performed, or to encourage any person in New Zealand to perform FGM on a New Zealand citizen or resident outside New Zealand.
Shakti Women's Refuge has information on unlawful cultural practices. Contact Shakti for help.
Shakti: 0800 742 584
- receive the information you need to make decisions about your health and treatments
- have information given to you in a way that you understand it
- make a choice based on the information and give your consent before you undergo a test or treatment
- be treated with respect and dignity, taking into account your cultural needs and values
- have a support person with you in most situations
- services being provided with reasonable care and skill
- complain about a provider, in a way that is appropriate for you.
Everyone who works in New Zealand has the same basic rights in the workplace, no matter what work they do or what position they hold. This includes workers from overseas.
The Employment New Zealand website lists a range of workplace issues and explains what to do if you have a problem. You can also find more information about your employment rights.
Problems in the workplace — Employment New Zealand
Employee rights and responsibilities — Employment New Zealand
New Zealand has laws to protect you when you buy any goods. If the goods are faulty or are different from how they were advertised, you can ask for a refund, repair or replacement. You can find out more about your rights as a consumer on the Consumer Protection website.
The Commerce Commission also has information in different languages including Māori, Samoan, Tongan, Chinese and Korean.
Complain about your financial services provider — Govt.nz
Keep the paperwork
When you buy any major goods and services, keep receipts, quotes and estimates, copies of agreements and similar documents. They can help if you have a problem later on.
When you use New Zealand's health and disability services, you are protected by the Code of Health and Disability Services Consumers' Rights.
You have a right to:
If English is not your first language, the Health and Disability Commissioner website has information in over 40 other languages.
Health and disability services: Your rights and how to enforce them — Community Law
To understand your rights when dealing with the police, visit our 'Police, emergency services and natural disasters' page.
You have the right to understand who holds your information and why, the right to access your own information, and the right to review and correct that information.
There are restrictions on how government and organisations can store and use your information.
You can complain if an organisation reveals your personal information without your agreement or if they refuse to let you see information about yourself.
Complain about a privacy breach — Govt.nz
What are the privacy principles? — Office of the Privacy Commissioner