Freedom of Expression statement

Statement

Waipapa Taumata Rau, University of Auckland fulfils a role as a critic and conscience of society through the protection and promotion of freedom of expression and academic freedom. Our university is a place where diverse cultures, identities, ethnicities and value systems contribute to research, teaching, and related activities. Respect for everyone’s right to express their views and a commitment to civil discourse are critical to our function. The University actively fosters and supports lawful and constructive debate by its staff and students on any topic, including with the participation of external speakers invited by a staff member, or a recognised student association or student club. The University may reasonably regulate the time, place, and manner of expression so that the ordinary activities of the University are not unduly disrupted.

The University, as an institution, will not take public positions on matters that do not directly concern university roles, functions or duties. Official University spokespeople may make public statements on matters directly related to university roles, functions or duties, including the wellbeing and safety of staff and students, financial and resource management, sustainability, equity, and university obligations related to Te Tiriti o Waitangi as laid out in the Education and Training Act 2020. Institutional neutrality is not a retreat from important conversations, but a commitment to creating an environment where such conversations can freely take place.  

Working definitions

Right to freedom of expression

Has the meaning in section 14 of the New Zealand Bill of Rights Act 1990 which reads as follows:

Everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form.

Academic freedom

Has the meaning in section 267(4) of the Education and Training Act 2020 which reads as follows:

In this section, academic freedom, in relation to an institution, means—
(a) the freedom of academic staff and students, within the law, to question and test received wisdom, to put forward new ideas, and to state controversial or unpopular opinions:
(b) the freedom of academic staff and students to engage in research:
(c) the freedom of the institution and its staff to regulate the subject matter of courses taught at the institution:
(d) the freedom of the institution and its staff to teach and assess students in the manner that they consider best promotes learning:
(e) the freedom of the institution through its chief executive to appoint its own staff.

Duty regarding the wellbeing of staff and students

Means any legal duty that the University has regarding the wellbeing of its staff members and students in connection with University activities which includes the duty to:

  • Ensure that no staff member or student is subject to unlawful discrimination; 
  • Ensure, so far as is reasonably practicable, that no staff member or student is subject to threatening or intimidating behaviour by another person on account of anything they have said in exercising their right to freedom of expression; and
  • Support reasonable and proportionate measures to prevent a person from using lawful speech that abuses, humiliates, intimidates, or incites prejudice against staff members or students and which a reasonable person would regard, in the circumstances, as likely to have one or more of those effects.

To avoid doubt, this does not extend to a duty to protect any person from feeling distressed, offended, shocked or insulted by the lawful speech of another.

Recognised student associations and student clubs

Recognised students' associations and student clubs have completed a registration process with the University and the AUSA which includes verification that the association or club has:

  • A fit for purpose constitution and legal status
  • A democratically elected committee
  • A membership list [45 or more] comprising of at least 80% University of Auckland students
  • Minutes for the last annual general meeting for clubs one year old or more
  • Committee members who have completed University training regarding financial management, complying with the Addressing Bullying, Harassment and Discrimination Policy and other matters relevant to the purpose of the association or club.
  • Disclosed external partners and sponsors, if any.

Once recognised, these groups are enabled to request bookings for spaces and rooms on campus, request to book Student Groups’ equipment, and may use the name "University of Auckland" or any variation or identifying feature of it in their group’s name and logo.

Roles, functions, and duties

Pursuant to Education and Training Act 2020 Section 268 2(d) (E) [Universities] accept a role as critic and conscience of society

Section 280 outlines the functions of an institution’s council as

(a) to appoint a chief executive in accordance with the Public Service Act 2020, and to monitor and evaluate the chief executive’s performance:
(b)to prepare and submit a proposed plan if the institution is seeking funding under a funding mechanism that provides for funding via plans:
(c)if the institution has a plan,—(i)to ensure that the institution is managed in accordance with that plan; and (ii) to determine policies to implement that plan:
(d) to determine, subject to the Public Service Act 2020, the policies of the institution in relation to the management of its affairs:
(e) to undertake planning relating to the institution’s long-term strategic direction.

Section 281 outlines the duties of councils

(1) It is the duty of an institution’s council, in performing its functions and exercising its powers,—
(a)to strive to ensure that the institution attains the highest standards of excellence in education, training, and research:
(b)to acknowledge the principles of Te Tiriti o Waitangi:
(c) to encourage the greatest possible participation by the communities served by the institution so as to maximise the educational potential of all members of those communities, with particular emphasis on groups in those communities that are under-represented among the students of the institution:
(d)to ensure that the institution does not discriminate unfairly against any person:
(e)to ensure that the institution operates in a financially responsible manner that ensures the efficient use of resources and maintains the institution’s long-term viability:
(f)to ensure that proper standards of integrity, conduct, and concern for the public interest and the well-being of students attending the institution are maintained.

In addition to the Duties set out in the Education & Training Act 2020 universities have other duties as set out in other legislation.

Official university spokespeople

As stated in the University’s Media, Public Communication and Statements Policy; “Only the Chancellor, Vice-Chancellor or members of the University authorised by the Vice-Chancellor may represent the University’s position on any matter.”

About this statement

Owner: Vice-Chancellor
Content manager: Registrar
Approved by: University Council
Date approved: 10 December 2025
Review date: 10 December 2028