Freedom of expression and academic freedom in New Zealand

This is general information for staff and students on their rights related to academic freedom and freedom of expression within the context of New Zealand law. Both academic freedom and freedom of expression are fundamental to the mission of universities, enabling open debate, the dissemination of ideas, and the advancement of knowledge.

Freedom of expression is a right, protected under the New Zealand Bill of Rights Act 1990, that grants any individual, including students and staff, “the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form.” This right applies to all individuals as long as their expression is lawful and does not impede the rights of others but can be subject to reasonable limits.

Academic freedom is a specific right, subject to certain limitations, held by the institution, academic staff and students and is defined within section 267 of the Education and Training Act 2020 as:

(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.

While not explicitly included in the act definition, international conceptions of academic freedom and courts have concluded that academic freedom includes the right for academic staff to criticise the university that employs them, so long as this criticism is within the law and adheres to ethical standards.

Through the Education and Training Amendment Act 2025 the New Zealand Government made amendments to the Education and Training Act 2020 requiring all university councils to adopt a statement on freedom of expression. This statement sets out the University’s commitment to upholding freedom of expression in alignment with these requirements.

A policy is a mandatory set of rules and procedures that guides decision-making, sets requirements for behaviour, and details how issues will be managed.

A statement is a high-level declaration of the University’s position on a topic – in this case, freedom of expression.

While a policy contains enforceable requirements, a statement expresses the University’s philosophy and principles, providing a reference point for our community and the public.  

Yes. The rights to academic freedom and freedom of expression are not absolute. Harassment, discrimination, or personal attacks fall outside protected expression. Expression must be lawful which means that University members must comply with laws that restrict speech. A few examples are the Human Rights Act 1993 which prohibits speech that incites hostility against groups based on race or ethnicity, and the Harmful Digital Communications Act 2015 which prohibits online harassment. University members must also comply with privacy laws and contractual obligations.

Universities have a broad range of legal duties and obligations that could potentially be in conflict with free expression rights. A few of these legal duties and obligations are:

• Councils must fulfil the legal duties in section 281(1) of the Education and Training Act 2020 which includes ensuring that proper standards of integrity, conduct, and concern for the public interest and the well-being of students attending the institution are maintained.
• The Education (Pastoral Care of Tertiary and International Learners) Code of Practice 2021, includes the obligations to:
  • Reduce harm from, and recognise and respond effectively to, discrimination, racism (including systemic racism), bullying, harassment and abuse; and
  • Promote an inclusive learning culture
• The Health and Safety at Work Act 2015 includes the obligations to ensure the health and safety of staff, and to ensure that the health and safety of students and visitors is not put at risk (so far as is reasonably practicable). Health is defined to include both mental and physical health.

Academic freedom in teaching is protected by the Education and Training Act 2020. This legislation protects the freedom of the institution and its academic staff “to teach and assess students in the manner that they consider best promotes learning.”

Academic freedom in teaching allows lecturers and professors to design their courses, and teach controversial or unpopular ideas, even if these views challenge prevailing societal norms or institutional policies. However, this freedom operates within the framework of legal requirements, professional ethics, educational objectives, and the student’s right to quality education.

Universities can place reasonable expectations and limitations on teaching to ensure quality, safety, and the institution's ability to fulfil its educational mission and legal obligations. For example, universities can require that teaching aligns with prescribed curriculum for programme accreditation purposes or achieves specified learning outcomes.  

The Education and Training Act 2020 (ETA) does not explicitly define all the limits on academic freedom. However, it is understood in our legal context that academic freedom, while expansive, is not absolute. The limits on academic freedom include the following.

Compliance with the law

Academic freedom must be exercised within the law. Unlawful speech, including harassment, speech that incites violence or defamatory statements, is not protected.

Areas of expertise

While the definition of academic freedom in the ETA does not specifically mention the limitation of speaking publicly within an area or areas of academic expertise, this concept is consistent with the obligation of institutions to maintain the highest ethical standards, consistent with the definition that academic freedom is not unfettered and must be exercised within the law, and consistent with international conceptions of the limits of academic freedom. Commentary outside of an area of expertise is protected by freedom of expression through the NZ Bill of Rights Act.

Ethical obligations

Academic freedom should align with the highest ethical standards, including honesty and scholarly integrity, and relevant academic and professional standards within the discipline.

Institutional responsibilities

Academic freedom sits alongside the University's need to fulfil its legal obligations, which include being accountable and making proper use of resources, ensuring the health and safety of staff and students (so far as reasonably practicable), and students’ rights to quality education.

New Zealand law protects your right to express an opinion, including views that differ from those of your employer. These freedoms are not absolute, they operate within reasonable limits such as the laws governing employment relationships, and in the case of academic freedom, adopting high ethical standards. Conduct that is reckless, misleading, or deliberately damaging may breech good faith obligations under employment law.

Staff who speak publicly should make it clear they are expressing a personal view, rather than speaking on behalf of the University in accordance with the Media, Public Communication and Statements Policy.  

If you believe your freedom of expression or academic freedom has been restricted, you have several options. Refer to the appropriate complaint process flowchart for you. 

You can consider any of the following:

Self-resolution

In many cases, raising the issue directly with the person involved can resolve the matter quickly. Let them know how their behaviour is affecting your freedom of expression or academic freedom and ask that it stop. Often, people are unaware of the impact of their actions and will correct their behaviour once it is brought to their attention.

Informal resolution

If you are unable to resolve the issue directly, or you do not feel safe or comfortable approaching the person yourself, you are encouraged to seek guidance from an appropriate support contact.

Staff members

This may include:

• Their academic head
• Their manager
• Human resources manager

Students

This may include:

• Class representatives
• Auckland University Students' Association (AUSA)
• Nga Tauira Māori (Māori Students' Association)
• Student Hubs
• Academic head
• Course convenor
• Student Conduct Office
• Kaiārahi/associate dean Māori and/or Pacific

These contacts are able to discuss options and provide advice on the best way to address your concerns.

Formal complaint

If the issue has not been resolved by direct discussion or informal means, it may become a formal complaint.

Staff members

The first stage in requesting an investigation of a complaint is to speak with:

• The academic head
• An appropriate line manager
• Human resources manager or adviser

Students 

Contact the Student Conduct Office for advice.

Staff members and students 

You can also report formal complaints to the externally managed whistleblower hotline. While the University aims to take action on all complaints, formal action may be limited for completely anonymous reports. More information is provided on the Whistleblower hotline page or by calling the whistleblower hotline at 0800 100 526.