Draft Freedom of Expression Statement frequently asked questions

The New Zealand Government has recently amended the Education and Training Act 2020 through the Education and Training Amendment Bill (No 2). One of the changes is a new requirement that all university councils must adopt a statement on freedom of expression. This statement will set out the University’s commitment to upholding freedom of speech in alignment with the requirements of the amended Education and Training Act.

Distinguished Professor Sir Peter Hunter has drafted the freedom of expression statement with support from colleagues including Professor Nikki Harré and members of the Vice-Chancellor’s Advisory Group on Freedom of Expression. The draft is consistent with the Education and Training Amendment Bill (No 2). The draft was published 13 August for community consultation. Meanwhile the Select Committee reviewing the Bill recommended changes to the wording. The Vice-Chancellor's Advisory Group on Freedom of Expression carefully considered community feedback as well as changes made by the Select Committee and presented a revised draft to Senate 17 November. Senate has recommended adoption of this new draft subject to a minor change.

Deputy Vice-Chancellor Operations and Registrar (Chair) – Adrienne Cleland
Deputy Vice-Chancellor Education – Professor Simon Holdaway
Pro Vice-Chancellor Māori – Professor Te Kawehau Hoskins
Pro Vice-Chancellor Pacific – Professor Jemaima Tiatia-Siau
Pro Vice-Chancellor Equity – Professor Cathy Stinear
Director of Communications and Engagement – Kiri Coughlan
Distinguished Professor Sir Peter Hunter
Deputy General Counsel – Sarah Hine
Employment Relations Manager – Katherine Burson

The Education and Training Amendment Bill (No 2) amendments specific to
 freedom of expression require Council to:

1. Protect and promote freedom of expression (in addition to Council’s existing duty to protect and promote academic freedom in section 267 of the Education Training Act 2020).
2. Adopt a freedom of expression statement that is consistent with the principles in item 5. below which include the requirement that universities will not take positions on matters that do not directly concern their role or functions.
3. Report in the University’s annual report on how Council has complied with its duties to protect and promote academic freedom and freedom of expression which will include conducting regular surveys of students and staff.
4. Establish and maintain a formal process for receiving, recording, and reporting on complaints related to academic freedom and freedom of expression.
5. Adopt a freedom of expression statement that is consistent with the following:
   1. Universities should recognise that freedom of expression is critical to maintaining academic freedom
   2. Universities should actively foster an environment where ideas can be challenged, controversial issues can be discussed, and diverse opinions can be expressed
   3. Universities’ policies and procedures relating to freedom of expression should be clear, consistently applied, and focused on fostering genuine debate rather than restricting it
   4. Universities, as institutions, should not take public positions on matters that do not directly concern their role or functions
   5. Universities should not limit the freedom of expression of staff or students, except where the exercise of free expression is likely to be unlawful or to disrupt the ordinary activities of the university
   6. Universities should provide a platform for invited speakers of diverse viewpoints, and should not deny the use of university premises by an invited speaker because of that speaker’s ideas or opinions (invited speaker means a speaker invited by staff or any student association or student club of the university).
      

The Bill has become law and Universities have six months to comply with these changes.

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.

Freedom of expression is a broad right held by everyone in New Zealand to express their opinions, ideas, and beliefs and is protected by the New Zealand Bill of Rights Act 1990. Academic freedom is a specific right held by academic staff and students to teach, research, and communicate findings and enter into public debate on matters relevant to their professional expertise and experience subject to certain limitations. Academic freedom is protected under section 267 of the Education and Training Act 2020.  

Yes. The right to freedom of expression is not absolute. Expression must be lawful which means that University members must comply with laws that restrict speech (such as prohibitions against inciting violence, discrimination, or harassment) and comply with privacy laws and contractual obligations. The University must also comply with its duties under laws such as the Human Rights Act 1993, the Education (Pastoral Care of Tertiary and International Learners) Code of Practice 2021 [PDF, 443.39 KB], and the Health and Safety at Work Act 2015 while promoting free expression.  

At the Minister for Universities request, Universities New Zealand formed a working group and has proposed a set of survey questions and a reporting approach to be used across all universities. Standardising the questions across all institutions will support national benchmarking. Surveying is expected to begin in 2026, and results will be published in university annual reports.

Senate endorsed the revised draft at its meeting on 17 November 2025. University Council will now consider the proposed statement, along with advice from Senate, at its next meeting on 10 December 2025. If Council adopts the statement it will be published online alongside a set of supporting definitions, FAQs, scenarios and links to relevant policy documents.