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University councils must:
- protect and promote academic freedom and freedom of expression
- have a complaints procedures relating to academic freedom and freedom of expression in place.
Six months after commencement, university councils must have statements on freedom of expression in place.
In 2027, universities will report on freedom of expression and academic freedom in their 2026 Annual Reports:
- all university 2026 annual reports will be submitted to the Minister for Universities in 2027, to be tabled in Parliament, and published in Current Papers - New Zealand Parliament.
- universities will report on freedom of expression and academic freedom in their annual reports from their 2026 reports onwards.
What 'academic freedom' and 'freedom of expression' are#
Universities have academic freedom. This includes the freedom of academic staff and students within the law to:
- question and test received wisdom
- put forward new ideas
- state controversial or unpopular opinions.
Freedom of expression is defined in the Bill of Rights Act 1990, which states that ‘everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form’.
Academic freedom depends fundamentally on freedom of expression — the ability to express diverse ideas and opinions without fear of censorship. That is why university councils are required to protect and promote both academic freedom and freedom of expression.
What is required of university councils#
The Education and Training Amendment Act 2025 amends the Education and Training Act 2020, establishing new provisions for university councils.
Duties#
Education and Training Act 2020 Section 281 (1) (g) refers.
The requirement is for: duties to protect and promote academic freedom in accordance with section 267 and freedom of expression in accordance with the university’s statement on freedom of expression.
Statement on freedom of expression#
Education and Training Act 2020 Section 281A (1), Section 281A (2) (a) to (f), and Schedule 1 part 7 clause 128 refer.
A requirement to develop and adopt a statement on freedom of expression that sets out the university’s approach to freedom of expression that must be consistent with specified factors:
- universities should recognise that freedom of expression is critical to maintaining academic freedom
- universities should actively foster an environment where ideas can be challenged, controversial issues can be discussed, and diverse opinions can be expressed
- universities’ policies and procedures relating to freedom of expression should be clear, consistently applied, and focused on fostering genuine debate rather than restricting it
- universities, as institutions, should not take public positions on matters that do not directly concern their role or functions
- 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
- 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.
Statements are not required to be adopted until 6 months after the commencement date. This is to give universities time to engage with their staff, students and communities.
Complaints procedure #
Education and Training Act 2020 Section 281B refers.
The requirement is to establish and maintain a complaints procedure relating to academic freedom and freedom of expression.
Annual reports#
Education and Training Act 2020 Section 306 (h) refers.
The requirement is for university annual reports to include:
- a report on how the council of the university has complied with its duties to protect and promote academic freedom and freedom of expression
- a report on the number and nature of complaints made under the complaints procedure.
Mōhiohio anō
More information
Information release: Freedom of expression in universities
For information about a specific university, please contact the university directly.
