New Zealand
New Zealand exhibits high-range performance across three categories of the Global State of Democracy framework: Representation, Rights and Rule of Law. It performs in the mid-range with regard to Participation. It is among the world’s top 25 per cent of performers in all factors except Civic Engagement. Over the last five years, it has experienced no notable shifts in performance levels, with the exception of a decline in Credible Elections. The services industry makes the largest contribution to the economy, with manufacturing, professional, scientific and technical services taking the largest shares.
The country is home to an ethnically-diverse population, with Europeans being the majority and the Maori and Asians and Pacific Islanders making up minority communities. The roots of the indigenous Māori community stem from waves of migration from Tahiti in the 14th century. European settlement occurred in the centuries thereafter. In the 1800s, larger numbers of British migrants arrived, culminating in the signing of the Treaty of Waitangi in 1840 – the founding document of modern New Zealand - which formed the political agreement between the British Crown and Māori. Although Māori customs and law (‘Tikanga’) have been recognized as part of the common law of the country, one of the key political fractures since the signing of the Treaty has been regarding Crown sovereignty and rangatiratanga (Māori authority over their own affairs); political debates around constitutional transformation in relation to power-sharing have been contentious. Historically low levels of Māori political representation have improved and the overall diversity of Parliament reached a peak after the 2023 elections. Moreover, evidence suggests that racism, discrimination and Islamophobia had become increasingly apparent in the years before the Christchurch terror attack in 2019; this discrimination was also evident in the media.
Another key cleavage has pertained to socio-economic inequalities- the right to adequate housing in particular. Emergency housing has in effect become institutionalized, with families spending significant periods of time in such facilities. Marginalized groups and minorities, including persons with disabilities, Māori and Pacific Islander communities, and low-income families, among others, have also struggled to access healthcare. Moreover, reports have indicated that the conditions of prisons are poor, with more dire conditions for refugees and asylum seekers in immigration detention. In 2017, the country elected Jacinda Ardern, the world’s youngest female prime minister at the time, which was followed by a significant proportion of women in government and positive impacts on Gender Equality. Relatedly, her sudden resignation from the position in 2023 focused attention on the additional pressure that female politicians face in leadership.
Looking ahead, it will be important to watch Rights. First, changes to fair pay legislation could impact lower-income earners. Second, recent structural changes to the health sector – most notably the disestablishing of the Māori Health Authority - will have significant impacts on access to health resources, especially for Māori. On the other hand, risks of climate change, including sea-level rise and coastal erosion will have a disproportionate impact on the livelihoods of the Māori community in light of their dependency on primary industries; the government is taking measures to adapt to climate change and mitigate the risks associated with it. Meanwhile, rising national security concerns, including false information online, new counter-terrorism legislation passed subsequent to the Christchurch attack, and a shrinking media industry may have implications for Media Integrity and Freedom of Expression in the long term.
Last Updated: June 2024
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May 2025
Parliament amends Pay Equity Act
Parliament passed on 7 May the Pay Equity Amendment Bill, which significantly narrows the scope for pay equity claims under the 2020 Pay Equity Act. The old Act allowed for legal challenges to rectify historical gender-based pay disparities within or between comparable occupations. The new rules restrict the occupations that can bring cases by requiring a higher proportion of those employed in a profession to be women, prioritizes comparisons within rather than between professions, and places additional burdens of evidence on claimants. The effects of these measures will become clearer in practice. The new law dismissed all claims currently under consideration, negatively impacting women who have launched legal action alleging discrimination. The bill was condemned by gender equity advocates, the opposition, and unions as making equity claims between professions de facto impossible. Business groups supported the changes but criticized the process as undermining public trust.
Sources: Radio New Zealand, DLA Piper, New Zealand Herald
March 2025
Parliament criminalizes wage theft
New Zealand’s parliament passed a law criminalizing wage theft on 13 March, meaning that victims will now be able to report suspected wage theft to the police for investigation. The law carries penalties of up to NZD 30,000 and one year in prison. Wage theft was previously considered a matter for civil courts, meaning that a worker who suspected her employer of wage theft needed to hire legal counsel and purse the case in civil courts. The bill’s sponsor, Camilla Belich of the opposition Labour Party, argued the civil process was lengthy, complicated, and dissuaded victims of wage theft from seeking recompense. The governing National Party opposed the bill on the grounds that too many criminal cases would “clog up the courts.”
Sources: Radio New Zealand, DLA Piper
Gang patch ban faces constitutional challenge
A lawyer for Mana-Apiti Brown filed a legal challenge in March in Wellington’s High Court to New Zealand’s “gang patch ban”, which allows for fines of up to NZD 5,000 or six-months’ imprisonment for wearing clothing with the insignia of one of 41 recognized gangs in public. The case alleges that the ban infringes on freedoms of expression and association, a legal argument which was also made in a report by Attorney-General Judith Collins on the ban when it was still under parliamentary consideration. Brown was convicted of wearing a hat with the name and logo of a gang in the Lower Hutt suburb of Naenae on 7 December 2024 and was discharged with a criminal conviction but without further penalty. Proponents of the patch ban say it allows police to proactively prevent gangs from intimidating community members. Between the law’s enactment on 21 November 2024 and 24 February 2025, police charged 337 individuals and seized 76 patches or articles of clothing.
Sources: Radio New Zealand (1), Radio New Zealand (2)
January 2025
Mount Taranaki (Taranaki Maunga) granted legal personhood
New Zealand’s parliament unanimously approved a law to grant legal personhood to the mountain Taranaki Maunga as part of the Treaty of Waitangi settlement process. In practice, this means the mountain and surrounding national park, Te Papa-Kura-o-Taranaki, will have the same rights and responsibilities of a legal person, and the lands themselves will be jointly managed by Crown representatives and the eight Maori iwi who historically inhabited the area. The decision comes after nine years of petitioning and negotiations between Taranaki iwi and the New Zealand government. The mountain is the third natural feature to be granted legal personhood in the country, and the status is intended to act as restitution for disposed Maori communities, preserve traditional use of the land, and conserve the native ecosystem.
Sources: Radio New Zealand, Jurist
December 2024
Contested Fast-Track Bill passes
The Fast-Track Approvals Bill passed its third and final reading in Parliament on 17 December. The bill provides for a ‘fast-track’ for the approval of development projects deemed by a civil servant committee to be of regional or national importance and names 149 projects for initial consideration. The bill was criticized by environmental groups and the parliamentary opposition for excluding environmental considerations and relevant state agencies from the streamlined process, for prohibiting public, expert, or civil society comment, and for failing to consider conflicts of interest both in selecting committee members and in the list of initial projects. After months of debate and sizable protests in June, the bill was passed quickly in December with limited information about the included projects available to either the public or to parliament; documents explaining the 149 included projects were not available to MPs until 72 hours before the third and final vote. The bill will formally become law when signed by New Zealand’s Governor-General.
Sources: Radio New Zealand, New Zealand Herald, The Guardian
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