Legal Framework
The constitution, which is comprised of several basic laws, states that religious expression is “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” According to the law, religious practices may not breach the peace.
The government does not require the licensing or registration of religious groups; however, if a religious group desires to collect money for any charitable purpose, including the advancement of its religion, and obtain tax benefits, it must register with Department of Internal Affairs as a charitable trust. The registration must provide the rules of the organization showing it is a nonprofit organization and a list of officers free from conflict of interest who will not put their own interests above the organization. There is no fee for this registration.
The law provides teaching within public primary schools “shall be entirely of a secular character.” It permits, however, religious instruction and observances in public primary schools within certain parameters. A public primary school may close for up to one hour a week up to a total of 20 hours a year to devote to religious instruction or religious observance, to be conducted in a manner approved by the school’s Board of Trustees in consultation with the principal or head teacher. Attendance at religious instruction or observances is not compulsory. According to the Ministry of Education, public secondary schools may also permit religious instruction at the discretion of individual school boards. Religious instruction, if provided, usually takes place after normal school hours.
Citizens may file complaints of unlawful discrimination, including on the basis of religious belief, to the government-funded HRC. The HRC’s mandate includes assuring equal treatment of all religious groups under the law; protecting the right to safety for religious individuals and communities; promoting freedom of religious expression, automatic legal sanctioning of religious groups, and reasonable accommodation for religious groups; and the promotion of religious tolerance in education. In the event a complaint is not resolved satisfactorily with the assistance of HRC mediation, the complainant may proceed to the Human Rights Review Tribunal. The tribunal has the authority to issue restraining orders, award monetary damages, or declare a breach of the Human Rights Act, which is reported to parliament. Conduct prohibited by the Human Rights Act (e.g. workplace discrimination) may also be prosecuted under other applicable laws. In addition to the HRC dispute resolution mechanism, a complainant may initiate proceedings in the court system.
The law does not prevent the registration of political parties based on religion. The country has two registered Christian-associated political parties.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
In November the Auckland High Court denied refugee status for an Indian Christian evangelist who said he faced death threats from “Hindu extremists” in his home in India. According to news reports, the court believed his risk of danger would be low if he returned to India, but said the situation of Christians had “deteriorated” under the current Indian government. Hindu and Christian leaders in Auckland’s ethnic Indian community dismissed the man’s reports. The man’s lawyer said his client’s claim of threat was valid because of the work he did converting Indians to Christianity. The man had been arrested for the first time in 2012 for overstaying his visa. At the end of the year, he continued to fight the court’s deportation order.
In June New Zealand First Party leader Winston Peters said certain countries “treat their women like cattle” and every immigrant should be interviewed to screen their attitude before entering the country. Peters said he was not referring to Muslim countries specifically, although some press reports said he did refer to them. Other members of parliament denounced Peters’ comments, calling them “shameful” and “disgraceful.”
The government did not specifically promote any religion; however, every parliamentary session began with a Christian prayer.
On August 29, the government enacted a law enabling local authorities to allow shopping in defined areas on Easter Sunday. National law still restricted businesses from operating on Good Friday, Christmas, and Australia New Zealand Army Corps Day. Businesses could be fined up to 1,000 New Zealand dollars ($696) if they opened on official holidays, although the government rarely enforced fines.
Also in August the country’s tourism board released a halal food guide listing halal outlets certified by the FIANZ, Muslim-owned halal restaurants, and eateries that served vegetarian dishes.