New Zealand is party to a number of treaties and conventions that recognise universal human rights. It’s generally expected that New Zealand will act within the limitations set by these treaties.

For example, New Zealand is party to:

• The United Nations Convention on the Rights of the Child (CRC)
• The International Convention on Civil and Political Rights (ICCPR)
• International Convention on the Elimination of All Forms of Racial Discrimination (CERD)
• Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

Each treaty has an agency that looks at how individual countries are following the requirements of the treaty. For example, the United Nation’s Human Rights Committee looks after the International Convention on Civil and Political Rights (ICCPR).

While the New Zealand government can sign treaties with other countries and make New Zealand a party to international conventions and covenants, these are typically not directly enforceable within New Zealand unless the New Zealand Parliament makes a new law which brings that international law into the laws of New Zealand.

However, the courts will usually try to interpret New Zealand law in a way that is consistent with international law. This is because the Courts generally assume, unless there is evidence to the contrary, that Parliament would not have intended to make a law that breached New Zealand’s commitments under international law.

The courts have also interpreted the long titles of the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993, which make reference to international covenants and conventions, as indicating parliamentary approval for the courts to consider international human rights law when interpreting New Zealand law.