136-404: The Commerce Commission ( Māori : Te Komihana Tauhokohoko ) (sometimes shortened to ComCom ) is a New Zealand government agency with responsibility for enforcing legislation that relates to competition in the country's markets , fair trading and consumer credit contracts, and regulatory responsibility for areas such as electricity and gas, telecommunications, dairy products and airports. It
272-557: A minority government can be formed if support from other parties during confidence and supply votes is assured. The governor-general appoints ministers under advice from the prime minister, who is by convention the parliamentary leader of the governing party or coalition. Cabinet , formed by ministers and led by the prime minister, is the highest policy-making body in government and responsible for deciding significant government actions. Members of Cabinet make major decisions collectively and are therefore collectively responsible for
408-471: A protectionist and highly regulated economy to a liberalised free-trade economy. Unemployment peaked just above 10% in 1991 and 1992, following the 1987 share market crash , but eventually fell to 3.7% in 2007 (ranking third from twenty-seven comparable OECD nations). However, the global financial crisis that followed had a major effect on New Zealand, with the GDP shrinking for five consecutive quarters,
544-589: A copy was sent to King William IV who had already acknowledged the flag of the United Tribes of New Zealand, and who recognised the declaration in a letter from Lord Glenelg . Aotearoa (pronounced [aɔˈtɛaɾɔa] in Māori and / ˌ aʊ t ɛəˈr oʊ . ə / in English; often translated as 'land of the long white cloud') is the current Māori name for New Zealand. It is unknown whether Māori had
680-506: A high level of innovation . Poverty in New Zealand is characterised by growing income inequality; wealth in New Zealand is highly concentrated , with the top 1% of the population owning 16% of the country's wealth, and the richest 5% owning 38%, leaving a stark contrast where half the population, including state beneficiaries and pensioners, receive less than $ 24,000. Moreover, child poverty in New Zealand has been identified by
816-571: A lawful search had been carried out, as the law would be more clear and accessible if contained in just one instrument. Some parties believed that codification and clarification of the search and surveillance law would result in more compatibility with human rights . The creation of the Search and Surveillance Act 2012 was considered necessary by the New Zealand Parliament . Previously, both police and non-police powers were found in
952-476: A myriad of statutes and amendments that had developed in a "piecemeal fashion over a long period of time". In many circumstances, the correct legal test was difficult to ascertain, and rules would vary from one instrument to another. The New Zealand Law Commission said that because it is necessary for the State to exercise some coercive powers of surveillance, there must be requirements for regulation. Issues with
1088-623: A name for the whole country before the arrival of Europeans; Aotearoa originally referred to just the North Island . Māori had several traditional names for the two main islands, including Te Ika-a-Māui ( ' the fish of Māui ' ) for the North Island and Te Waipounamu ( ' the waters of greenstone ' ) or Te Waka o Aoraki ( ' the canoe of Aoraki ' ) for the South Island . Early European maps labelled
1224-520: A number of real estate agencies in Hamilton entered into an agreement to adopt a particular pricing model for real estate listings on Trade Me , a New Zealand website. The Commission considered that as a result of these meetings the agencies entered into price-fixing arrangements in breach of section 30 of the Commerce Act, and issued substantial financial penalties against these agencies. Some of
1360-785: A party must win at least one electorate or 5% of the total party vote before it is eligible for a seat. Elections since the 1930s have been dominated by two political parties , National and Labour . More parties have been represented in Parliament since the introduction of MMP. New Zealand's judiciary , headed by the chief justice , includes the Supreme Court , Court of Appeal , the High Court , and subordinate courts. Judges and judicial officers are appointed non-politically and under strict rules regarding tenure to help maintain judicial independence . This theoretically allows
1496-652: A right, and the proportionality of the intrusion. The purpose of the Human Rights Commission in New Zealand is the protection of human rights in accordance with the United Covenants and Conventions on Human Rights. The Submission agreed with the New Zealand Law Commission Report, in that any new piece of legislation would have to balance law enforcement values and human rights values. The Commission discussed
SECTION 10
#17327647982251632-651: A role in the regulation of some markets where there is little or no competition. The markets where the Commission is currently involved include: electricity transmission and distribution, gas transmission and distribution, telecommunications, airports and the dairy industry. Part 4 of the Commerce Act contains specific provisions for regulation in these markets with a purpose of promoting outcomes that are consistent with outcomes produced in competitive markets such that suppliers of regulated goods or services: For example, input methodologies are rules and processes determined by
1768-503: A shared Trans-Tasman identity between the two countries stemming from centuries of British colonisation. Nationally, legislative authority is vested in an elected, unicameral Parliament , while executive political power is exercised by the Government , led by the prime minister , currently Christopher Luxon . Charles III is the country's king and is represented by the governor-general , Cindy Kiro . In addition, New Zealand
1904-467: A similar trend to dairy, the number of vineyards doubling over the same period, overtaking wool exports for the first time in 2007. Search and Surveillance Act 2012 and human rights New Zealand 's Search and Surveillance Act 2012 received Royal Assent on 5 April 2012, after being introduced in 2009. The three-year gap between the introduction of the Bill into Parliament and assent indicates
2040-414: A substantial degree of market power or resale price maintenance. As of January 2021, the Commission is seeking feedback on proposed revisions to its leniency policy to take into account the criminalisation of cartel conduct. It will be renamed the "Cartel Leniency and Immunity Policy". The Commission intends to remain the point of contact for applicants seeking either civil leniency or criminal immunity, but
2176-639: A trade which provided the basis for strong economic growth in New Zealand. High demand for agricultural products from the United Kingdom and the United States helped New Zealanders achieve higher living standards than both Australia and Western Europe in the 1950s and 1960s. In 1973, New Zealand's export market was reduced when the United Kingdom joined the European Economic Community and other compounding factors, such as
2312-490: A yearly average of more than 2,000 hours of sunshine. The southern and southwestern parts of the South Island have a cooler and cloudier climate, with around 1,400–1,600 hours; the northern and northeastern parts of the South Island are the sunniest areas of the country and receive about 2,400–2,500 hours. The general snow season is early June until early October, though cold snaps can occur outside this season. Snowfall
2448-603: Is Wellington , and its most populous city is Auckland . The islands of New Zealand were the last large habitable land to be settled by humans. Between about 1280 and 1350, Polynesians began to settle in the islands and subsequently developed a distinctive Māori culture . In 1642, the Dutch explorer Abel Tasman became the first European to sight and record New Zealand. In 1769 the British explorer Captain James Cook became
2584-617: Is a constitutional monarchy with a parliamentary democracy , although its constitution is not codified . Charles III is the King of New Zealand and thus the head of state . The king is represented by the governor-general , whom he appoints on the advice of the prime minister . The governor-general can exercise the Crown 's prerogative powers , such as reviewing cases of injustice and making appointments of ministers , ambassadors, and other key public officials, and in rare situations,
2720-467: Is a key journalistic principle, however the Bill warrants searches to determine those sources. The Commission considered that a presumption should be included in the legislation against journalists being subject to the search provisions. The Commission also recommended that a provision be added to the legislation which requires all agencies to act only in accordance with human rights values when exercising their search and surveillance powers. A purpose clause
2856-743: Is a member of the United Nations , the Commonwealth of Nations and the Organisation for Economic Co-operation and Development (OECD), and participates in the Five Power Defence Arrangements . Today, New Zealand enjoys particularly close relations with the United States and is one of its major non-NATO allies , as well as with Australia , with a " Trans-Tasman " identity between citizens of
SECTION 20
#17327647982252992-593: Is also a significant source of revenue. New Zealand is a member of the United Nations , Commonwealth of Nations , ANZUS , UKUSA , Five Eyes , OECD , ASEAN Plus Six , Asia-Pacific Economic Cooperation , the Pacific Community and the Pacific Islands Forum . It enjoys particularly close relations with the United States and is one of its major non-NATO allies ; the United Kingdom; Samoa , Fiji , and Tonga ; and with Australia , with
3128-480: Is also consistent with a much debated questionable third line of oral evidence, traditional genealogies ( whakapapa ) which point to around 1350 as a probable arrival date for many of the founding canoes ( waka ) from which many Māori trace their descent. Some Māori later migrated to the Chatham Islands where they developed their distinct Moriori culture. A later 1835 invasion by Māori resulted in
3264-528: Is an independent Crown entity established under the Commerce Act 1986 . Although responsible to the Minister of Commerce and Consumer Affairs and the Minister of Broadcasting, Communications and Digital Media , the Commission is run independently from the government, and is intended to be an impartial promotor and enforcer of the law. The Commission undertakes investigations into potential breaches of
3400-582: Is classified as a non-self-governing territory , but is administered by a council of three elders (one from each Tokelauan atoll ). The Ross Dependency is New Zealand's territorial claim in Antarctica , where it operates the Scott Base research facility. New Zealand nationality law treats all parts of the realm equally, so most people born in New Zealand, the Cook Islands, Niue, Tokelau, and
3536-869: Is common in the eastern and southern parts of the South Island and mountain areas across the country. New Zealand's geographic isolation for 80 million years and island biogeography has influenced evolution of the country's species of animals , fungi and plants . Physical isolation has caused biological isolation, resulting in a dynamic evolutionary ecology with examples of distinctive plants and animals as well as populations of widespread species. The flora and fauna of New Zealand were originally thought to have originated from New Zealand's fragmentation off from Gondwana, however more recent evidence postulates species resulted from dispersal. About 82% of New Zealand's indigenous vascular plants are endemic , covering 1,944 species across 65 genera . The number of fungi recorded from New Zealand, including lichen-forming species,
3672-466: Is equivalent to 15% of the population of New Zealand. New Zealand has a strong presence among the Pacific Island countries, and enjoys strong diplomatic relations with Samoa , Fiji , and Tonga , and among smaller nations. A large proportion of New Zealand's aid goes to these countries, and many Pacific people migrate to New Zealand for employment. The increase of this since the 1960s led to
3808-440: Is heavily dependent on international trade, particularly in agricultural products. Exports account for 24% of its output, making New Zealand vulnerable to international commodity prices and global economic slowdowns . Food products made up 55% of the value of all the country's exports in 2014; wood was the second largest earner (7%). New Zealand's main trading partners, as at June 2018 , are China ( NZ$ 27.8b), Australia ($ 26.2b),
3944-495: Is important to New Zealand society, and individuals see the protection of such rights as part of the state's role. Although there is no direct reference to property rights in the Bill of Rights Act, s21 states that property cannot be unreasonably searched or seized . The importance of this is well summarized by the United Nations Human Rights Committee in its General Comment on article 17 of
4080-553: Is made up of two main islands and more than 700 smaller islands . The two main islands (the North Island , or Te Ika-a-Māui , and the South Island , or Te Waipounamu ) are separated by Cook Strait , 22 kilometres (14 mi) wide at its narrowest point. Besides the North and South Islands, the five largest inhabited islands are Stewart Island (across the Foveaux Strait ), Chatham Island , Great Barrier Island (in
4216-502: Is mainly derived from Māori and early British settlers, with recent broadening of culture arising from increased immigration to the country . The official languages are English, Māori , and New Zealand Sign Language , with the local dialect of English being dominant. A developed country , it was the first to introduce a minimum wage , and the first to give women the right to vote . It ranks very highly in international measures of quality of life , human rights , and it has one of
Commerce Commission - Misplaced Pages Continue
4352-436: Is not known, nor is the proportion of those fungi which are endemic, but one estimate suggests there are about 2,300 species of lichen-forming fungi in New Zealand and 40% of these are endemic. The two main types of forest are those dominated by broadleaf trees with emergent podocarps , or by southern beech in cooler climates. The remaining vegetation types consist of grasslands, the majority of which are tussock . Before
4488-568: Is organised into 11 regional councils and 67 territorial authorities for local government purposes. The Realm of New Zealand also includes Tokelau (a dependent territory ); the Cook Islands and Niue (self-governing states in free association with New Zealand); and the Ross Dependency , which is New Zealand's territorial claim in Antarctica . The first European visitor to New Zealand, Dutch explorer Abel Tasman , named
4624-458: Is that, whether or not some settlers arrived before 1314, the main settlement period was in the subsequent decades, possibly involving a coordinated mass migration. It is also the broad consensus of historians that the Polynesian settlement of New Zealand was planned and deliberate. Over the centuries that followed, the settlers developed a distinct culture now known as Māori. This scenario
4760-474: Is to monitor and report on competition, performance and developments in telecommunications markets. The Commission is also responsible for allocating the exact amount telecommunications providers must pay in Government levies each year. New Zealand New Zealand is an island country in the southwestern Pacific Ocean . It consists of two main landmasses—the North Island ( Te Ika-a-Māui ) and
4896-519: Is to regulate "the natural environment with particular emphasis on resource management ", while territorial authorities are responsible for sewage, water, local roads, building consents, and other local matters. Five of the territorial councils are unitary authorities and also act as regional councils. The territorial authorities consist of 13 city councils, 53 district councils, and the Chatham Islands Council. While officially
5032-635: The 1973 oil and 1979 energy crises, led to a severe economic depression . Living standards in New Zealand fell behind those of Australia and Western Europe, and by 1982 New Zealand had the lowest per-capita income of all the developed nations surveyed by the World Bank . In the mid-1980s New Zealand deregulated its agricultural sector by phasing out subsidies over a three-year period. Since 1984, successive governments engaged in major macroeconomic restructuring (known first as Rogernomics and then Ruthanasia ), rapidly transforming New Zealand from
5168-872: The ANZAC tradition it shares with Australia. In addition to Vietnam and the two world wars, New Zealand fought in the Second Boer War , the Korean War , the Malayan Emergency , the Gulf War , and the Afghanistan War . It has contributed forces to several regional and global peacekeeping missions, such as those in Cyprus , Somalia , Bosnia and Herzegovina , the Sinai , Angola , Cambodia ,
5304-685: The European Union ($ 22.9b), the United States ($ 17.6b), and Japan ($ 8.4b). On 7 April 2008, New Zealand and China signed the New Zealand–China Free Trade Agreement , the first such agreement China has signed with a developed country. In July 2023, New Zealand and the European Union entered into the EU–New Zealand Free Trade Agreement , which eliminated tariffs on several goods traded between
5440-725: The Gondwanan supercontinent. About 25 million years ago, a shift in plate tectonic movements began to contort and crumple the region. This is now most evident in the Southern Alps, formed by compression of the crust beside the Alpine Fault . Elsewhere, the plate boundary involves the subduction of one plate under the other, producing the Puysegur Trench to the south, the Hikurangi Trough east of
5576-621: The Great Depression . The depression led to the election of the first Labour Government and the establishment of a comprehensive welfare state and a protectionist economy. New Zealand experienced increasing prosperity following the Second World War, and Māori began to leave their traditional rural life and move to the cities in search of work. A Māori protest movement developed, which criticised Eurocentrism and worked for greater recognition of Māori culture and of
Commerce Commission - Misplaced Pages Continue
5712-628: The Hauraki Gulf ), D'Urville Island (in the Marlborough Sounds ) and Waiheke Island (about 22 km (14 mi) from central Auckland). New Zealand is long and narrow—over 1,600 kilometres (990 mi) along its north-north-east axis with a maximum width of 400 kilometres (250 mi) —with about 15,000 km (9,300 mi) of coastline and a total land area of 268,000 square kilometres (103,500 sq mi). Because of its far-flung outlying islands and long coastline,
5848-523: The International Covenant on Civil and Political Rights (ICCPR). Four human rights values that the Commission felt the Bill potentially conflicted with were: The degree of privacy to which everyone should be entitled is a well-debated topic. Given modern technologies, encroachments on individual privacy have become much easier, and there is a lot of concern for invasions of privacy by law enforcement activities. The Commission considered
5984-581: The Iran–Iraq border, Bougainville , East Timor , and the Solomon Islands . New Zealand has an advanced market economy , ranked 13th in the 2021 Human Development Index , and fourth in the 2022 Index of Economic Freedom . It is a high-income economy with a nominal gross domestic product (GDP) per capita of US$ 36,254. The currency is the New Zealand dollar , informally known as
6120-584: The Legislative Council , until this was abolished in 1950. The supremacy of parliament over the Crown and other government institutions was established in England by the Bill of Rights 1689 and has been ratified as law in New Zealand. The House of Representatives is democratically elected, and a government is formed from the party or coalition with the majority of seats. If no majority is formed,
6256-476: The Minister of Commerce and Consumer Affairs . A Telecommunications Commissioner is appointed on the recommendation of the Minister of Broadcasting, Communications and Digital Media and has special responsibilities in relation to that sector. The current chairperson of the Commission is Dr John Small, appointed in December 2022 after the expiry of the three-year term of the previous chair, Anna Rawlings. One of
6392-509: The Search and Surveillance Act 2012 such as the ability to apply for surveillance wiretaps . The Commission has a cartel leniency policy to assist in the investigation of anti-competitive arrangements between competitors that are often secret and difficult to detect. The Commission wishes to encourage those involved in cartel conduct to report the cartel to the Commission. The Commission will grant immunity from Commission-initiated prosecution to
6528-470: The Solicitor-General will be responsible for deciding whether to grant immunity from criminal prosecution. In addition to enforcement, the Commission has some quasi-judicial functions under the Commerce Act. It can approve anti-competitive behaviour and mergers in certain circumstances, including where an arrangement does not substantially lessen competition or where the public benefit outweighs
6664-532: The South Island ( Te Waipounamu )—and over 700 smaller islands . It is the sixth-largest island country by area and lies east of Australia across the Tasman Sea and south of the islands of New Caledonia , Fiji , and Tonga . The country's varied topography and sharp mountain peaks, including the Southern Alps , owe much to tectonic uplift and volcanic eruptions. New Zealand's capital city
6800-691: The Statute of Westminster , confirming that the British Parliament could no longer legislate for the country without its consent. The British government's residual legislative powers were later removed by the Constitution Act 1986 , and final rights of appeal to British courts were abolished in 2003. Early in the 20th century , New Zealand was involved in world affairs, fighting in the First and Second World Wars and suffering through
6936-675: The United Kingdom and negotiate a treaty with the Māori. The Treaty of Waitangi was first signed in the Bay of Islands on 6 February 1840. In response to the New Zealand Company's attempts to establish an independent settlement in Wellington , Hobson declared British sovereignty over all of New Zealand on 21 May 1840, even though copies of the treaty were still circulating throughout the country for Māori to sign. With
SECTION 50
#17327647982257072-624: The United States Department of State noted that the New Zealand government generally respected the rights of individuals, but voiced concerns regarding the social status of the Māori population. In terms of structural discrimination , the New Zealand Human Rights Commission has asserted that there is strong, consistent evidence that it is a real and ongoing socioeconomic issue. One example of structural inequality in New Zealand can be seen in
7208-641: The West Coast of the South Island to semi-arid in Central Otago and the Mackenzie Basin of inland Canterbury and subtropical in Northland . Of the seven largest cities, Christchurch is the driest, receiving on average only 618 millimetres (24.3 in) of rain per year and Wellington the wettest, receiving almost twice that amount. Auckland, Wellington and Christchurch all receive
7344-413: The alienation and confiscation of large amounts of Māori land. New Zealand became a dominion in 1907; it gained full statutory independence in 1947, retaining the monarch as head of state . Today, the majority of New Zealand's population of 5.25 million is of European descent ; the indigenous Māori are the largest minority, followed by Asians and Pasifika . Reflecting this, New Zealand's culture
7480-424: The caldera of one of the world's most active supervolcanoes . New Zealand is prone to earthquakes . The country owes its varied topography, and perhaps even its emergence above the waves, to the dynamic boundary it straddles between the Pacific and Indo-Australian Plates . New Zealand is part of Zealandia , a microcontinent nearly half the size of Australia that gradually submerged after breaking away from
7616-430: The reserve powers (e.g. the power to dissolve Parliament or refuse the royal assent of a bill into law). The powers of the monarch and the governor-general are limited by constitutional constraints, and they cannot normally be exercised without the advice of ministers. The New Zealand Parliament holds legislative power and consists of the king and the House of Representatives . It also included an upper house,
7752-444: The seven-continent model. New Zealand's climate is predominantly temperate maritime ( Köppen : Cfb), with mean annual temperatures ranging from 10 °C (50 °F) in the south to 16 °C (61 °F) in the north. Historical maxima and minima are 42.4 °C (108.32 °F) in Rangiora , Canterbury and −25.6 °C (−14.08 °F) in Ranfurly , Otago . Conditions vary sharply across regions from extremely wet on
7888-446: The "Kiwi dollar"; it also circulates in the Cook Islands (see Cook Islands dollar ), Niue, Tokelau, and the Pitcairn Islands . Historically, extractive industries have contributed strongly to New Zealand's economy, focusing at different times on sealing, whaling, flax , gold, kauri gum , and native timber. The first shipment of refrigerated meat on the Dunedin in 1882 led to the establishment of meat and dairy exports to Britain,
8024-629: The 2024 Global Peace Index , New Zealand is the 4th most peaceful country in the world. New Zealand's military services—the New Zealand Defence Force —comprise the New Zealand Army , the Royal New Zealand Air Force , and the Royal New Zealand Navy . New Zealand's national defence needs are modest since a direct attack is unlikely. However, its military has had a global presence . The country fought in both world wars, with notable campaigns in Gallipoli , Crete , El Alamein , and Cassino . The Gallipoli campaign played an important part in fostering New Zealand's national identity and strengthened
8160-402: The Act which relates to oppressive contracts known as buy-back transactions was enacted on 14 October 2003 and was already enforced by the Commission prior to April 2005. In 2011, former National Finance director and convicted fraudster Trevor Allan Ludlow was the first person to be indefinitely banned by the Commission from working in the consumer finance industry. The Commerce Commission has
8296-400: The Australian and New Zealand regimes is that appeals from the Commerce Commission's decisions are decided by the general courts of New Zealand, unlike Australia where appeals are reviewed by a specialist tribunal. The Commission is made up of a chairperson and four to six general commissioners. Three to five of the commissioners are appointed by the Governor General , on the recommendation of
SECTION 60
#17327647982258432-428: The Bill validates consent when a minor is operating a vehicle and there is nobody over 14 in the vehicle at the time. The age of 14 is used because that is the age when a child can legally be left alone without parental supervision. The Commission felt that it was unnecessary to lower the age to 14 in such circumstances. The Convention on the Rights of the Child specifies that a person is a child until they turn 18, and
8568-421: The Bill's consistency with the Bill of Rights Act , it was reported that the Act would not result in any rights violations. The Bill narrowly passed through Parliament by 61 votes to 57, with all of the Opposition voting against, as well as the Māori Party . Case law is likely to determine the scope of the Act in the future, especially in conjunction with s21 of the Bill of Rights Act . Simon Collier wrote in
8704-597: The Chatham Islands Council is not a unitary authority, it undertakes many functions of a regional council. The Realm of New Zealand, one of 15 Commonwealth realms , is the entire area over which the king or queen of New Zealand is sovereign and comprises New Zealand, Tokelau , the Ross Dependency , the Cook Islands , and Niue . The Cook Islands and Niue are self-governing states in free association with New Zealand. The New Zealand Parliament cannot pass legislation for these countries, but with their consent can act on behalf of them in foreign affairs and defence. Tokelau
8840-470: The Commerce Act 1986 and where appropriate, takes court action. It considers applications for authorisations and clearances in relation to anti-competitive behaviour and mergers , in circumstances where the public benefit outweighs the harm to competition. In specific areas where it has regulatory responsibilities, such as electricity and gas, the Commission has additional enforcement powers to promote competition and protect consumers. The Commerce Commission
8976-439: The Commission and applied to regulated businesses under Part 4 of the Commerce Act. These input methodologies provide the basis for how prices are set for electricity lines, gas pipelines and airport services. Their purpose is to ensure certainty for suppliers and consumers in these regulated industries. The Commission has both enforcement and adjudication roles under the Dairy Industry Restructuring Act 2001 . The Act provides for
9112-407: The Commission considered that this is the age of consent that should be used in all search situations. This type of warrant is required when the search proposed by the enforcement agency may result in an invasion of a person's reasonable expectation of privacy . It is up to the agency to make the decision as to whether there might be an intrusion of a person's reasonable expectation of privacy, and
9248-440: The Commission considered that this may conflict with human rights values. The Bill gives enforcement agencies a limited power of examination in reference to individual persons, as long as the agency has grounds to suspect a specific offence has been or will be committed, and that the person possesses relevant information. This would be contrary to the privilege against self-incrimination in many situations. The Commission wanted
9384-437: The Commission to undertake enforcement action and requires the Commission to issue determinations to resolve disputes between Fonterra and other parties. The Commission has two primary functions under the Telecommunications Act 2001 that help to ensure broadband and mobile markets are competitive. The first is to regulate certain fixed-line and mobile services by setting the price and/or access terms for that service. The second
9520-424: The Government as a major societal issue; the country has 12.0% of children living in low-income households that had less than 50% of the median equivalised disposable household income as of June 2022 . Poverty has a disproportionately high effect in ethnic-minority households, with a quarter (23.3%) of Māori children and almost a third (28.6%) of Pacific Islander children living in poverty as of 2020 . New Zealand
9656-489: The ICCPR: "The term 'unlawful' means that no interference can take place except in cases envisaged by the law. Interference authorized by States can only take place on the basis of law...". Any search or seizure can only take place if there is a positive law which allows this. Human rights norms are only intended to protect against "unreasonable" search or seizure. This means that in some situations reasonable limits will be placed on rights in order to achieve "the functioning of
9792-459: The MMP system, each person has two votes; one is for a candidate standing in the voter's electorate , and the other is for a party. Based on the 2018 census data, there are 72 electorates (which include seven Māori electorates in which only Māori can optionally vote), and the remaining 48 of the 120 seats are assigned so that representation in Parliament reflects the party vote, with the threshold that
9928-553: The Māori of later years. According to an early European synthesized interpretation of various Māori traditional accounts, around 750 CE the heroic explorer, Kupe , had discovered New Zealand and later, around 1350, one great fleet of settlers set out from Hawaiki in eastern Polynesia. However, from the late 20th century, this story has been increasingly relegated to the realm of legend and myth. An alternative view has emerged from fresh archaeological and scientific evidence, which correlates with doubts raised by historians everywhere as to
10064-602: The North Island, and the Kermadec and Tonga Trenches further north. New Zealand, together with Australia, is part of a wider region known as Australasia . It also forms the southwestern extremity of the geographic and ethnographic region called Polynesia . Oceania is a wider region encompassing the Australian continent , New Zealand, and various island countries in the Pacific Ocean that are not included in
10200-614: The North Island, saw thousands of imperial troops and the Royal Navy come to New Zealand and became known as the New Zealand Wars . Following these armed conflicts, large areas of Māori land were confiscated by the government to meet settler demands. The colony gained a representative government in 1852 , and the first Parliament met in 1854. In 1856 the colony effectively became self-governing, gaining responsibility over all domestic matters (except native policy, which
10336-630: The Ross Dependency are New Zealand citizens. During the period of the New Zealand colony, Britain was responsible for external trade and foreign relations. The 1923 and 1926 Imperial Conferences decided that New Zealand should be allowed to negotiate its own political treaties , and the first commercial treaty was ratified in 1928 with Japan. On 3 September 1939, New Zealand allied itself with Britain and declared war on Germany with Prime Minister Michael Joseph Savage proclaiming, "Where she goes, we go; where she stands, we stand". In 1951,
10472-476: The Tarawera eruption except for three of a decade or so earlier. Radiocarbon dating and pollen evidence of widespread forest fires shortly before the eruption might also indicate a pre-eruption human presence. Additionally, mitochondrial DNA variability within the Māori populations suggest that Eastern Polynesians first settled the New Zealand archipelago between 1250 and 1300, Therefore, current opinion
10608-470: The Treaty of Waitangi. In 1975, a Waitangi Tribunal was set up to investigate alleged breaches of the Treaty, and it was enabled to investigate historic grievances in 1985. The government has negotiated settlements of these grievances with many iwi, although Māori claims to the foreshore and seabed proved controversial in the 2000s. New Zealand is located near the centre of the water hemisphere and
10744-659: The United Kingdom became increasingly focused on its European interests, while New Zealand joined Australia and the United States in the ANZUS security treaty. The influence of the United States on New Zealand weakened following protests over the Vietnam War , the refusal of the United States to admonish France after the sinking of the Rainbow Warrior , disagreements over environmental and agricultural trade issues, and New Zealand's nuclear-free policy . Despite
10880-524: The United States's suspension of ANZUS obligations, the treaty remained in effect between New Zealand and Australia, whose foreign policy has followed a similar historical trend. Close political contact is maintained between the two countries, with free trade agreements and travel arrangements that allow citizens to visit, live and work in both countries without restrictions. In 2013 there were about 650,000 New Zealand citizens living in Australia, which
11016-413: The agencies accepted and paid the penalties, whilst others appealed. In April 2020 the penalties were upheld by the Supreme Court . In total, thirteen companies and three individuals were ordered to pay nearly NZ$ 23 million in penalties. In April 2021, cartel conduct becomes a criminal offence in New Zealand and can be punished by up to seven years' imprisonment. The Commission will have new powers under
11152-438: The arrival of humans, an estimated 80% of the land was covered in forest, with only high alpine , wet, infertile and volcanic areas without trees. Massive deforestation occurred after humans arrived, with around half the forest cover lost to fire after Polynesian settlement. Much of the remaining forest fell after European settlement, being logged or cleared to make room for pastoral farming, leaving forest occupying only 23% of
11288-474: The consequences of these decisions. The 42nd and current prime minister, since 27 November 2023, is Christopher Luxon . A parliamentary general election must be called no later than three years after the previous election. Almost all general elections between 1853 and 1993 were held under the first-past-the-post voting system. Since the 1996 election , a form of proportional representation called mixed-member proportional (MMP) has been used. Under
11424-461: The country has extensive marine resources. Its exclusive economic zone is one of the largest in the world, covering more than 15 times its land area. The South Island is the largest landmass of New Zealand. It is divided along its length by the Southern Alps . There are 18 peaks over 3,000 metres (9,800 ft), the highest of which is Aoraki / Mount Cook at 3,724 metres (12,218 ft). Fiordland 's steep mountains and deep fiords record
11560-502: The criminal justice system. According to the Ministry of Justice , Māori are overrepresented, comprising 45% of New Zealanders convicted of crimes and 53% of those imprisoned, while only being 16.5% of the population. The early European settlers divided New Zealand into provinces , which had a degree of autonomy. Because of financial pressures and the desire to consolidate railways, education, land sales, and other policies, government
11696-430: The definition of information limited to "assessments of complex documents for fraud purposes" to try and protect people from unjust self-incrimination. Although freedom of expression must always be balanced against other competing public interests, it is an important feature in New Zealand's democracy. The provisions of the Bill conflict most with freedom of expression in relation to the press. Confidentiality of sources
11832-690: The early 19th century, Christian missionaries began to settle New Zealand, eventually converting most of the Māori population. The Māori population declined to around 40% of its pre-contact level during the 19th century; introduced diseases were the major factor. The British Government appointed James Busby as British Resident to New Zealand in 1832. His duties, given to him by Governor Bourke in Sydney, were to protect settlers and traders "of good standing", prevent "outrages" against Māori, and apprehend escaped convicts. In 1835, following an announcement of impending French settlement by Charles de Thierry ,
11968-405: The extensive ice age glaciation of this southwestern corner of the South Island. The North Island is less mountainous but is marked by volcanism . The highly active Taupō Volcanic Zone has formed a large volcanic plateau , punctuated by the North Island's highest mountain, Mount Ruapehu (2,797 metres (9,177 ft)). The plateau also hosts the country's largest lake, Lake Taupō , nestled in
12104-522: The extent of the debates that occurred over the proposed extension of search and surveillance powers held by the State. A number of parties were concerned with the effect the Act would have on individual human rights , and the Green Party expressed the view that enforcement agencies were already abusing their powers. Others argued that the Act would make it easier to determine in each situation whether
12240-420: The fact that most information is no longer only available in a hard copy, and instead computer and internet networks are increasingly used for communicating information. The Commission discussed at chapter two of the report the balance needed between human rights values and law enforcement values, where a "principled, values-based approach to search powers" is needed. The main Bill of Rights Act provision that
12376-513: The first European to set foot on and map New Zealand. In 1840, representatives of the United Kingdom and Māori chiefs signed the Treaty of Waitangi which paved the way for Britain's declaration of sovereignty later that year and the establishment of the Crown Colony of New Zealand in 1841. Subsequently, a series of conflicts between the colonial government and Māori tribes resulted in
12512-410: The first person involved in a cartel to come forward with information and formally apply for leniency, provided they co-operate fully with the Commission in its investigation and prosecution of the cartel. The leniency policy applies to arrangements between competitors which substantially lessen competition. It does not include other kinds of anti-competitive behaviour such as a company taking advantage of
12648-491: The formation of the Pasifika New Zealander pan-ethnic group, the fourth-largest ethnic grouping in the country. Permanent migration is regulated under the 1970 Samoan Quota Scheme and the 2002 Pacific Access Category, which allow up to 1,100 Samoan nationals and up to 750 other Pacific Islanders respectively to become permanent New Zealand residents each year. A seasonal workers scheme for temporary migration
12784-424: The harm to competition. These mechanisms offer protection to businesses from any legal action. In the case of a merger, the Commission may grant a "clearance" if satisfied that the transaction is not likely to substantially lessen competition; alternatively, in the case of anti-competitive behaviour or mergers that are likely to substantially lessen competition, the Commission may grant "authorisation" if satisfied that
12920-610: The islands Staten Land , believing they were part of the Staten Landt that Jacob Le Maire had sighted off the southern end of South America. Hendrik Brouwer proved that the South American land was a small island in 1643, and Dutch cartographers subsequently renamed Tasman's discovery Nova Zeelandia from Latin , after the Dutch province of Zeeland . This name was later anglicised to New Zealand . This
13056-447: The islands North (North Island), Middle (South Island), and South ( Stewart Island / Rakiura ). In 1830, mapmakers began to use "North" and "South" on their maps to distinguish the two largest islands, and by 1907, this was the accepted norm. The New Zealand Geographic Board discovered in 2009 that the names of the North Island and South Island had never been formalised, and names and alternative names were formalised in 2013. This set
13192-580: The islands are uninhabited except for about six people at Raoul Island station. These islands put the northern border of New Zealand at 29 degrees South latitude. After the 1982 UNCLOS , the islands contributed significantly to New Zealand's exclusive economic zone . In 1891, the Liberal Party came to power as the first organised political party. The Liberal Government , led by Richard Seddon for most of its period in office, passed many important social and economic measures. In 1893, New Zealand
13328-436: The judiciary to interpret the law based solely on the legislation enacted by Parliament without other influences on their decisions. New Zealand is identified as one of the world's most stable and well-governed states. As of 2017, the country was ranked fourth in the strength of its democratic institutions, and first in government transparency and lack of corruption . LGBT rights in the nation are also recognised as among
13464-414: The key roles of the Commission is to ensure markets in New Zealand are competitive, including by investigating anti-competitive behaviour and enforcing compliance. Investigations may involve gathering publicly available information, requesting information on a voluntary basis or compulsory basis, conducting interviews, and executing search warrants . The Commission has a range of enforcement options including
13600-511: The land in 1997. The forests were dominated by birds , and the lack of mammalian predators led to some like the kiwi , kākāpō , weka and takahē evolving flightlessness . The arrival of humans, associated changes to habitat, and the introduction of rats , ferrets and other mammals led to the extinction of many bird species, including large birds like the moa and Haast's eagle . Other indigenous animals are represented by reptiles ( tuatara , skinks and geckos ), frogs , such as
13736-641: The latter being common. New Zealand is a member of the Five Eyes intelligence sharing agreement, known formally as the UKUSA Agreement . The five members of this agreement compromise the core Anglosphere : Australia, Canada, New Zealand, the United Kingdom, and the United States. Since 2012, New Zealand has had a partnership arrangement with NATO under the Partnership Interoperability Initiative. According to
13872-533: The longest recession in over thirty years, and unemployment rising back to 7% in late 2009. The lowest unemployment rate recorded using the current methodology was in December 2021 during the COVID-19 pandemic , at 3.2%. Unemployment rates for different age groups follow similar trends but are consistently higher among youth. During the September 2021 quarter, the general unemployment rate was around 3.2%, while
14008-456: The lowest levels of perceived corruption in the world. It retains visible levels of inequality , having structural disparities between its Māori and European populations. New Zealand underwent major economic changes during the 1980s, which transformed it from a protectionist to a liberalised free-trade economy. The service sector dominates the national economy , followed by the industrial sector, and agriculture ; international tourism
14144-643: The major provisions of the Credit Contracts and Consumer Finance Act 2003 on 1 April 2005. This Act repealed the Credit Contracts Act 1981 and the Hire Purchase Act 1971, placing obligations on creditors with respect to disclosure requirements; calculation of fees, charges and interest; and oppressive conduct. It also enables consumers to seek reasonable changes to credit contracts on the grounds of unforeseen hardship. The part of
14280-455: The massacre and virtual extinction of the Moriori. In a hostile 1642 encounter between Ngāti Tūmatakōkiri and Dutch explorer Abel Tasman 's crew, four of Tasman's crew members were killed, and at least one Māori was hit by canister shot . Europeans did not revisit New Zealand until 1769, when British explorer James Cook mapped almost the entire coastline. Following Cook, New Zealand
14416-485: The most tolerant in Oceania . New Zealand ranks highly for civic participation in the political process, with 82% voter turnout during recent general elections, compared to an OECD average of 69%. However, this is untrue for local council elections; a historically low 36% of eligible New Zealanders voted in the 2022 local elections , compared with an already low 42% turnout in 2019 . A 2017 human rights report by
14552-583: The names as North Island or Te Ika-a-Māui , and South Island or Te Waipounamu . For each island, either its English or Māori name can be used, or both can be used together. Similarly the Māori and English names for the whole country are sometimes used together ( Aotearoa New Zealand ); however, this has no official recognition. The first people to reach New Zealand were Polynesians in ocean going waka (canoes). Their arrival likely occurred in several waves, approximately between 1280 and 1350 CE. Those Polynesian settlers, isolated in New Zealand, became
14688-719: The nebulous United Tribes of New Zealand sent a Declaration of Independence to King William IV of the United Kingdom asking for protection. Ongoing unrest, the proposed settlement of New Zealand by the New Zealand Company (which had already sent its first ship of surveyors to buy land from Māori) and the dubious legal standing of the Declaration of Independence prompted the Colonial Office to send Captain William Hobson to claim sovereignty for
14824-543: The new provisions, completed in December 2019, found that New Zealand's fuel market could be more competitive. The government made some initial changes in response to this study, including requiring wholesale prices to be advertised, to enable new entrants to move into the market. In November 2022 the government announced that it would be giving the Commission the power to "set a fair price" in fuel markets if needed, and said that this power would be introduced in mid-2023. The second study related to supermarkets and food prices and
14960-475: The number of dairy cows doubling between 1990 and 2007, to become New Zealand's largest export earner. In the year to June 2018, dairy products accounted for 17.7% ($ 14.1 billion) of total exports, and the country's largest company, Fonterra , controls almost one-third of the international dairy trade. Other exports in 2017–18 were meat (8.8%), wood and wood products (6.2%), fruit (3.6%), machinery (2.2%) and wine (2.1%). New Zealand's wine industry has followed
15096-453: The potential rights violations that might occur if five extensions of power proposed by the Bill were enacted: The Bill consolidated police powers, but also extended search and surveillance powers to non-enforcement agencies. The Commission expressed concern that this extension was unnecessary and that the powers granted were "disproportionately invasive". As a general rule, minors under 14 are unable to consent to any type of search, however
15232-457: The previous state of the law are exemplified in the case of Hamed & Ors v R , where uncertainty arose from the lack of statutory controls on police power in the area of visual surveillance. The Law Commission also realised that much of the previous law was out of date; the coercive powers held by enforcement agencies were insufficient to deal with sophisticated organised crime, which often utilised advanced technology. The report focused on
15368-442: The protected endangered Hamilton's Frog , spiders , insects ( wētā ), and snails. Some, such as the tuatara, are so unique that they have been called living fossils . Three species of bats ( one since extinct) were the only sign of native land mammals in New Zealand until the 2006 discovery of bones from a unique, mouse-sized land mammal at least 16 million years old. Marine mammals, however, are abundant, with almost half
15504-469: The protection of health or morals, or for the protection of the rights and freedoms of others". To determine reasonableness of an invasion of privacy, the Commission suggests consideration of a range of factors such as: the significance of the right contained in the relevant Bill of Rights Act section, the public interest of the intrusion on the particular right, how effective the invasion is in protecting interests which were provided to justify limitations on
15640-431: The provision of compliance advice or warning letters and by prosecuting a person or business in the High Court . The Commission is responsible for enforcing prohibitions against "restrictive trade practices" (anti-competitive behaviour or conduct that reduces competition), which includes (for example) cartels or price-fixing behaviour, taking advantage of market power, or resale price maintenance . For example, in 2013,
15776-441: The public benefit outweighs the harm to competition. In October 2018, new legislative provisions were introduced to enable the Commission to undertake investigations into particular markets to identify anti-competitive behaviour or other competition problems. The provisions included new powers for the Commission enabling it to require private companies to provide information in response to its questions. The first market study under
15912-1062: The regulatory system as being the main drivers of the lack of competition in this market. The Commission enforces some of New Zealand's consumer protection laws. The Fair Trading Act 1986 was developed alongside the Commerce Act to encourage competition and to protect consumers from misleading and deceptive conduct and unfair trading practices. The Act applies to all aspects of the promotion and sale of goods and services , including for example advertising, pricing, sales techniques and finance agreements. The Act also applies to pyramid schemes , and provides for consumer information standards covering country of origin labelling, clothing and footwear labelling, fibre content labelling, care labelling and supplier information notices relating to motor vehicles. The Commission also enforces six product safety standards relating to baby walkers, pedal bicycles, flammability of children’s night clothes, cigarette lighters, household cots and toys for children aged up to three years. The Commission assumed responsibility for enforcing
16048-575: The reliability of interpretations drawn from the oral evidence of indigenous peoples, including from Māori. Regarding the arrival of these Polynesian settlers, there are no human remains, artefacts or structures which are confidently dated to earlier than the Kaharoa Tephra, a layer of volcanic debris deposited by the Mount Tarawera eruption around 1314 CE. Samples of rat bone, rat-gnawed shells and seed cases have given dates later than
16184-594: The signing of the treaty and declaration of sovereignty, the number of immigrants, particularly from the United Kingdom, began to increase. New Zealand was administered as a dependency of the Colony of New South Wales until becoming a separate Crown colony , the Colony of New Zealand , on 3 May 1841. Armed conflict began between the colonial government and Māori in 1843 with the Wairau Affray over land and disagreements over sovereignty. These conflicts, mainly in
16320-539: The state and to protect the rights of others". Difficulties with the application of the right to privacy can be seen in Article 8(2) of the European Convention on Human Rights , where public authorities may interfere with individual privacy rights for reasons including "in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for
16456-467: The total workforce in 2016. In 2017, international visitor arrivals were expected to increase at a rate of 5.4% annually up to 2022. Wool was New Zealand's major agricultural export during the late 19th century. Even as late as the 1960s it made up over a third of all export revenues, but since then its price has steadily dropped relative to other commodities, and wool is no longer profitable for many farmers. In contrast, dairy farming increased, with
16592-486: The two regions. This free trade agreement expanded on the pre-existing free trade agreement and saw a reduction in tariffs on meat and dairy in response to feedback from the affected industries. The service sector is the largest sector in the economy, followed by manufacturing and construction and then farming and raw material extraction. Tourism plays a significant role in the economy, contributing $ 12.9 billion (or 5.6%) to New Zealand's total GDP and supporting 7.5% of
16728-439: The underpinning value in s21 is the right to privacy. In some situations a reasonable search will also involve detaining the individual, which questions the right to be free from restraint. If detention is involved, law enforcement bodies must continue to "respect human rights norms directed at personal integrity". This is also important in situations where body searches and blood tests are required. Enjoyment of property rights
16864-481: The unemployment rate for youth aged 15 to 24 was 9.2%. New Zealand has experienced a series of " brain drains " since the 1970s that still continue today. Nearly one-quarter of highly skilled workers live overseas, mostly in Australia and Britain, which is the largest proportion from any developed nation. In recent decades, however, a " brain gain " has brought in educated professionals from Europe and less developed countries. Today New Zealand's economy benefits from
17000-460: The wording of s21 of the Bill of Rights Act with reference to the draft White Paper Bill. The protection of s21 was intended to apply to "any circumstances where state intrusion...is unjustified" and this was to extend to all forms of surveillance. Section 21 of the Bill of Rights Act partially incorporated the ICCPR, which emphasizes an international right to privacy. Even case law has indicated that
17136-847: The world's cetaceans (whales, dolphins, and porpoises ) and large numbers of fur seals reported in New Zealand waters. Many seabirds breed in New Zealand, a third of them unique to the country. More penguin species are found in New Zealand than in any other country, with 13 of the world's 18 penguin species. Since human arrival, almost half of the country's vertebrate species have become extinct, including at least fifty-one birds, three frogs, three lizards, one freshwater fish, and one bat. Others are endangered or have had their range severely reduced. However, New Zealand conservationists have pioneered several methods to help threatened wildlife recover, including island sanctuaries, pest control, wildlife translocation, fostering, and ecological restoration of islands and other protected areas . New Zealand
17272-409: Was brought into question by the proposed Bill was s21, the right of individuals “to be secure from unreasonable search or seizure, whether of the person, property, or correspondence, or otherwise”. In the Search and Surveillance Act, any decision to exercise a search or seizure must be reasonable, as must the execution of the act. The Commission also recognised New Zealand's international commitment to
17408-569: Was centralised and the provinces were abolished in 1876. The provinces are remembered in regional public holidays and sporting rivalries. Since 1876, various councils have administered local areas under legislation determined by the central government. In 1989, the government reorganised local government into the current two-tier structure of regional councils and territorial authorities . The 249 municipalities that existed in 1975 have now been consolidated into 67 territorial authorities and 11 regional councils. The regional councils' role
17544-533: Was completed in March 2022, and its recommendations included making land available for building new supermarkets and for existing supermarkets to open their wholesale supplies up to smaller retailers. The Commission did not recommend splitting the two existing supermarket chains or requiring them to sell off existing stores. The Commission released its third market study report on the building supply market in December 2022. It identified rebates paid by large suppliers and
17680-472: Was granted in the mid-1860s). Following concerns that the South Island might form a separate colony, premier Alfred Domett moved a resolution to transfer the capital from Auckland to a locality near Cook Strait . Wellington was chosen for its central location, with Parliament officially sitting there for the first time in 1865. In 1886, New Zealand annexed the volcanic Kermadec Islands , about 1,000 km (620 mi) northeast of Auckland. Since 1937,
17816-724: Was included by the Justice and Electoral Committee to ensure that existing rights found in the New Zealand Bill of Rights Act 1990 , the Privacy Act 1993 and the Evidence Act 2006 are all recognised. This inclusion in the final piece of legislation demonstrates the importance of human rights values "in the context of search and surveillance powers". In the statement issued by the Attorney-General regarding
17952-615: Was introduced in 2007, and in 2009 about 8,000 Pacific Islanders were employed under it. New Zealand is involved in the Pacific Islands Forum , the Pacific Community , Asia-Pacific Economic Cooperation , and the Association of Southeast Asian Nations Regional Forum (including the East Asia Summit ). New Zealand has been described as a middle power in the Asia-Pacific region, and an emerging power . The country
18088-531: Was introduced under the Commerce Act 1986 as an integrated regulatory body with responsibilities for competition, economic regulation and consumer protection , modelled after the Australian Trade Practices Commission . The Commission was given the power of enforcing the Commerce Act's prohibitions through court proceedings, and to authorise anti-competitive behaviour and mergers in certain circumstances. One key difference between
18224-584: Was the first nation in the world to grant all women the right to vote and pioneered the adoption of compulsory arbitration between employers and unions in 1894. The Liberals also guaranteed a minimum wage in 1894, a world first. In 1907, at the request of the New Zealand Parliament, King Edward VII proclaimed New Zealand a Dominion within the British Empire , reflecting its self-governing status. In 1947, New Zealand adopted
18360-528: Was visited by numerous European and North American whaling , sealing , and trading ships. They traded European food, metal tools, weapons, and other goods for timber, Māori food, artefacts, and water. The introduction of the potato and the musket transformed Māori agriculture and warfare. Potatoes provided a reliable food surplus, which enabled longer and more sustained military campaigns. The resulting intertribal Musket Wars encompassed over 600 battles between 1801 and 1840, killing 30,000–40,000 Māori. From
18496-706: Was written as Nu Tireni in the Māori language (spelled Nu Tirani in Te Tiriti o Waitangi). In 1834 a document written in Māori and entitled " He Wakaputanga o te Rangatiratanga o Nu Tireni " was translated into English and became the Declaration of the Independence of New Zealand . It was prepared by Te W(h)akaminenga o Nga Rangatiratanga o Nga Hapu o Nu Tireni , the United Tribes of New Zealand , and
#224775