New Zealand protects everyone living here through two main laws: the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. The first protects you from unfair actions by the government and public bodies, and the second protects you from discrimination by anyone, including employers, landlords, and businesses. Knowing the difference between the two Acts, and knowing where to turn if your rights are breached, is one of the most useful things a new citizen can learn.
What the test expects you to know
- The two main rights laws are the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993.
- The Bill of Rights Act applies to government, courts, and anyone carrying out a public function.
- The Human Rights Act bans discrimination by both public and private bodies on 13 specific grounds.
- Rights protected by the Bill of Rights Act include the right to life, freedom of expression, freedom of religion, freedom of peaceful assembly, freedom of movement, and the right to vote.
- People who are arrested or detained have specific rights, including the right to a lawyer and the right to silence.
- The Human Rights Commission, known in Māori as Te Kāhui Tika Tangata, is the independent body that promotes human rights and handles discrimination complaints.
- The Bill of Rights Act is not supreme law. Parliament can still pass laws that limit rights, but the Attorney-General must tell Parliament when a bill appears inconsistent with it.
The two main rights laws
Most of your rights as a person in New Zealand come from two pieces of legislation that work side by side.
The New Zealand Bill of Rights Act 1990 lists the civil and political rights that the state must respect. It binds Parliament, the courts, the police, schools, hospitals, and anyone else performing a public function. The Human Rights Act 1993 goes further by banning discrimination across most areas of public life, including by private employers, shops, and landlords.
The Ministry of Justice describes the Bill of Rights Act as setting out six broad groups of rights: life and security of the person; democratic and civil rights; non-discrimination and minority rights; search, arrest and detention; criminal procedure; and the right to justice. Both Acts apply to everyone in New Zealand, not only citizens.
The long title of the New Zealand Bill of Rights Act 1990 also affirms New Zealand's commitments under the International Covenant on Civil and Political Rights (ICCPR), which New Zealand ratified in 1978.
Key facts:
- Bill of Rights Act passed in 1990. It binds the state.
- Human Rights Act passed in 1993. It binds public and private actors.
- Both Acts apply to everyone in New Zealand, including residents and visitors.
What the Bill of Rights Act protects
The Act is short and readable, with each right sitting in a numbered section. You do not need to memorise every section number, but the test may ask about the most common ones.
Life and security of the person
Sections 8 to 11 cover the most basic protections. These include the right not to be deprived of life except as the law permits, the right not to be subjected to torture or cruel treatment, the right not to be required to take part in medical or scientific experiments without consent, and the right to refuse medical treatment.
Democratic and civil rights
Sections 12 to 18 cover the everyday freedoms most people associate with a democracy. Under section 12, every New Zealand citizen aged 18 and over has the right to vote in genuine elections and to stand as a candidate (see our guide to voting rights and elections for how MMP turns that into a parliament). Other sections protect freedom of thought, conscience and religion, freedom of expression, freedom of peaceful assembly, freedom of association, and freedom of movement, including the right to leave and return to New Zealand — that right of return is covered in travel to and from New Zealand.
These freedoms are not unlimited. Section 5 says rights can be subject to "reasonable limits prescribed by law", which is how rules against things like defamation, false advertising, or incitement to violence sit alongside free speech.
Non-discrimination and minority rights
Section 19 gives everyone the right to be free from discrimination on the grounds listed in the Human Rights Act 1993. Section 20 protects the right of ethnic, religious, and linguistic minorities to enjoy their own culture, practise their own religion, and use their own language.
Rights when dealing with the law
Sections 21 to 27 are the rights that protect you in encounters with the police and the courts. The test covers these heavily because they shape how the justice system works in everyday practice.
You are protected against unreasonable search and seizure, and against arbitrary arrest or detention. If you are arrested or detained, you have the right to be told why, to consult and instruct a lawyer without delay, and to be brought before a court promptly. If you are charged with an offence, you have the right to a fair and public hearing by an independent court, the presumption of innocence, the right to silence, and the right to legal assistance. Section 26 protects against retroactive penalties and double jeopardy: you cannot be punished for an act that was not a crime when committed, and cannot be tried again for the same offence once acquitted or convicted. The NZ Council for Civil Liberties has a section-by-section walkthrough if you want to read more.
Key facts:
- Bill of Rights Act rights are set out in sections 8 to 27.
- Rights can be limited by other laws if those limits are reasonable (section 5).
- Voting rights begin at age 18 for citizens (section 12).
- A person who is arrested has the right to a lawyer without delay (section 23).
What the Human Rights Act 1993 covers
The Human Rights Act sits alongside the Bill of Rights Act and makes discrimination unlawful in defined areas of life, including employment, education, housing, access to public places, and the supply of goods and services.
Section 21 of the Act lists 13 prohibited grounds of discrimination:
- sex
- marital status
- religious belief
- ethical belief
- colour
- race
- ethnic or national origins
- disability
- age (from 16 years in most cases)
- political opinion
- employment status
- family status
- sexual orientation
If someone treats you worse than other people in one of those areas of life because of one of those grounds, that is generally unlawful discrimination. Immigration New Zealand has a plain-English summary for migrants that walks through how this works in practice.
Key facts:
- The Human Rights Act lists 13 prohibited grounds of discrimination in section 21.
- It covers employment, education, housing, goods and services, and public places.
- It applies to private businesses as well as government.
The Human Rights Commission (Te Kāhui Tika Tangata)
The Human Rights Commission is an independent Crown entity set up under the Human Rights Act. Its Māori name, Te Kāhui Tika Tangata, means "the assembly for human rights" (literally, a group concerned with what is right for people).
The Commission promotes understanding of human rights through education and public information. It receives and helps resolve complaints about unlawful discrimination, often through free and confidential mediation. It also advises the government on human rights issues and reports to international bodies such as the United Nations on how well New Zealand is meeting its human rights treaty commitments.
If mediation does not resolve a complaint, the person who made it can take the case to the Human Rights Review Tribunal, which can order compensation or other remedies.
Key facts:
- The Commission's Māori name is Te Kāhui Tika Tangata.
- It is independent of government, although it is funded by the Crown.
- Anyone can make a free complaint to the Commission about unlawful discrimination.
- Unresolved complaints can go to the Human Rights Review Tribunal.
What happens when a law conflicts with the Bill of Rights
The Bill of Rights Act is unusual because it is not supreme law. Parliament can still pass legislation that limits or overrides the rights it lists. New Zealand does not have a single written constitution that lets the courts strike down ordinary laws — see structure of government for how parliamentary sovereignty and the courts fit together.
Two safeguards help keep Parliament accountable. Section 6 tells judges to prefer interpretations of any law that are consistent with the Bill of Rights when more than one reading is possible. Section 7 requires the Attorney-General to report to Parliament when a new bill appears to be inconsistent with the Bill of Rights, so that MPs and the public know before a vote is taken. The Ministry of Justice explains how this process works in more detail.
After the Supreme Court's Taylor v Attorney-General [2018] NZSC 104 decision confirmed that the courts have jurisdiction to make formal declarations of inconsistency, the New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022 (Royal Assent 29 August 2022) inserted sections 7A and 7B into BORA. When a senior court formally declares a statute inconsistent with the Bill of Rights, the Attorney-General must notify the House of Representatives, and the responsible Minister must present a response within six months. Make It 16 Incorporated v Attorney-General [2022] NZSC 134 (decided later in November 2022) was one of the first declarations made under this mechanism, finding the voting age of 18 inconsistent with section 19. Parliament still has the final word on whether to change the law.
What the Bill of Rights does not cover
Unlike some other countries' bills of rights, NZBORA does not protect property rights. These are dealt with under ordinary statutes such as the Public Works Act 1981.
Key facts:
- The Bill of Rights Act is ordinary law, not supreme law.
- Section 7 requires the Attorney-General to flag inconsistent bills to Parliament.
- Courts try to read other laws in a way that is consistent with rights (section 6).
- Sections 7A and 7B (added in 2022) require Parliament to respond to court declarations of inconsistency within six months.
- BORA does not protect property rights.
How to act on your rights
If a government agency, the police, or a court treats you in a way you believe breaches the Bill of Rights Act, you can complain directly to that agency, raise the issue in the courts, or in some cases contact the Office of the Ombudsman. If a private business, employer, or landlord discriminates against you on one of the prohibited grounds, the usual first step is a free complaint to the Human Rights Commission. The govt.nz human rights page has a short summary of where to go for different types of issue.
Common misconceptions
- Myth: The Bill of Rights Act only protects New Zealand citizens
- Reality: It protects everyone in New Zealand, including residents, visitors, and people on temporary visas.
- Myth: The Bill of Rights Act and the Human Rights Act do the same job
- Reality: The Bill of Rights restrains government action, while the Human Rights Act bans discrimination by anyone, public or private.
- Myth: Parliament cannot pass a law that goes against the Bill of Rights
- Reality: It can, because the Act is not supreme law. The Attorney-General must publicly flag the conflict before Parliament votes.
- Myth: Freedom of expression means I can say anything I like
- Reality: Rights can be subject to reasonable limits set by other laws, such as those against defamation, harassment, or threats of violence.
- Myth: Enforcing my rights always means hiring a lawyer and going to court
- Reality: Discrimination complaints to the Human Rights Commission are free, and most are resolved through mediation rather than court action.
Quick self-check
5 questions · not the official test
1. Which Act protects you from discrimination by a private employer in New Zealand?
2. What is the Māori name of the Human Rights Commission?
3. Which of the following is not a prohibited ground of discrimination under the Human Rights Act 1993?
4. A person who is arrested in New Zealand has the right to:
5. The New Zealand Bill of Rights Act 1990 mainly limits the actions of:
Learn more
Primary law
Official explainers
- Ministry of Justice: The New Zealand Bill of Rights Act
- Ministry of Justice: The Bill of Rights Act (constitutional issues page)
- govt.nz: Human rights and freedoms
- govt.nz: Human Rights Commission agency listing
- Human Rights Commission (Te Kāhui Tika Tangata)
- Immigration New Zealand: Your rights in New Zealand
- Ministry of Foreign Affairs and Trade: Human rights
Plain-English background
- NZ Council for Civil Liberties: Introduction to the Bill of Rights
- Wikipedia: New Zealand Bill of Rights Act 1990
- Wikipedia: Human rights in New Zealand
Sources & review: Written by the Citizen Test editorial team from publicly available NZ civics material. Primary sources: govt.nz, legislation.govt.nz, and beehive.govt.nz. Last reviewed .