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Distr.GENERAL
CEDAW/C/NZL/3-4
13 March 1998
ORIGINAL: ENGLISH
COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 18 OF THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN
Third and fourth periodic reports of States Parties
NEW ZEALAND*
Introduction
Background
Population
Constitutional background
Electoral System
The Treaty of Waitangi and Mäori Issues
Economy
Implementation of Convention
Advancement of Women
Article 1: Definition of Discrimination Against Women
Treaty of Waitangi
New Zealand Bill of Rights Act
Human Rights Act
International Convenants
Article 2: Anti-Discrimination Measures
The Human Rights Act 1993
The Domestic Violence Act 1995
The Health and Disability Commissioner Act 1994 and
Code of Health & Disability Services Consumers’ Rights
Identifying and Addressing the Remaining Barriers to Equality
Article 3: The Development and Advancement of Women
Women with Disabilities
Article 4: Acceleration of Equality Between Men and Women
Equal Employment Opportunities
Temporary Measures
Maternity Protection
Measures to Address Barriers to Equality in Employment
Article 5: Sex Roles and Stereotyping
Family Life
Censorship
Stereotyping
Violence Against Women
Sexual Abuse of Children
Article 6: Suppression of the Exploitation of Women
Illegal Immigrants and Prostitution
Protection of Minors
New Zealand Prostitutes Collective
Article 7: Political and Public Life
Central Government
Local Government
Women and the Law
Women in Decision-Making
Article 8: International Representation
and Participation
Women in the Diplomatic Service
International Organisations
United Nations Conferences
Article 9: Nationality
Citizenship
Passports
Article 10: Education
Access and Participation
Curriculum
Achievement
Teaching Staff
School Boards of Trustees
Continuing Education
Retention
Health and Physical Education
Article 11: Employment
Women in the Paid Workforce
Earnings
Income Support
Addressing Barriers to Equality in Employment
Article 12: Health
Health and Disability Commissioner
Recent Structural Reforms
Mäori Health Services
General Health Status Indicators
Health Risks for Women
Mental Health
Older Women
Accident Rehabilitation and Compensation Insurance Corporation (ACC)
Disability
Women in the Health Workforce
Sexual and Reproductive Health
Violence Against women
Article 13: Economic and Social Life
Income Support
Retirement Income
Loans, Mortgages and Credit
Recreation and Sport
Culture
Membership of Private Clubs
Article 14: Rural Women
Activities of Rural Women
Economic Diversity of Farm Families
Women in Decision-Making
The Rural Community
Training and Education
Living Conditions
Article 15: Equality Before the Law and in Civil Matters
Civil Law and Contracts
Women’s Access to Justice
Article 16: Marriage and Family Life
Entry into Marriage
Distribution of Family/Household Income
Parental Rights and Responsibilities
Property Rights
Family and Family Responsibilities
Family Violence
Consultations
Annex
Additional information on Tokelau
Appendix
Statement submitted by the delegation of Tokelau to the Fourth
World Conference on Women, Beijing, 4-15 September 1995
New Zealand ratified the Convention on the Elimination of All Forms of Discrimination Against Women on 20 December 1984. New Zealand’s first report was considered by the Committee on the Elimination of Discrimination Against Women in February 1988, and its second periodic report at the Committee’s 243rd meeting on 25 January 1994.
New Zealand’s third and fourth reports to the Committee have been combined and are submitted in accordance with Article 18 of the convention.
In preparing this report New Zealand has had regard to its previous report, to the proceedings of the Committee in regard to that report and to the Committee’s guidelines for the preparation of periodic reports. This report focuses on developments between the consideration of its second report and February 1998, the date of the submission of the combined third and fourth reports.
The statistical data on women in this report comes primarily from the 1996 Census. In instances where 1996 data is yet to be analysed, information from the 1991 Census is used.
Women’s non-governmental organisations have been consulted in the preparation of this report.
New Zealand looks forward to discussing its combined third and fourth reports with the Committee.
PROGRESS
Information about New Zealand’s constitutional and legal framework is presented in the Core Document [HR1/Core/Add.33] which forms part of New Zealand’s human rights reports to the United Nations. As some of that information is now out of date, it is updated in this section.
The population of New Zealand in 1996 was 3,618,302. This is an increase of 6.7 percent from the 1991 Census. Population density is 13.37 per square kilometre.
There were 7.6 percent more women resident in New Zealand in 1996 than in 1991. From 1986 to 1996, the female proportion of the population increased by 0.4 percent, up from 50.5 percent to 50.9 percent.
While half the resident population was under the age of 33 years, one-quarter of the population was aged 50 years or over, reflecting the fact that New Zealand’s population is ageing. Women are 53.3 percent of the population aged over 50 years and 56.9 percent of the population aged 65 years and over.
The percentage of people in the population aged under 15 years has remained virtually static from 23.2 percent in 1991 to 23 percent in 1996. Girls are 48.6 percent of those under 15 years.
Mäori population
Of the total 1996 population, 14.5 percent identified as Mäori, up from 12.9 percent in
1991. Of the Mäori population, 50.7 percent are women. In 1991 the median age for Mäori
was 20.5 years, compared to 32.95 years for the whole population. The median age for
Mäori women in 1996 is 22.2 years, compared to 33.65 years for all women in the
population.
Descent data is collected only for New Zealand Mäori. In 1996, 16.1 percent of women and 15.9 percent of men stated they are of Mäori descent, a 0.9 percent increase over 1991.
| % of Population |
% of Females |
|
|---|---|---|
| New Zealand European | 68.9 | 51.1 |
| New Zealand Mäori | 14.4 | 50.7 |
| British and Irish | 13.1 | 50.7 |
| Samoan | 2.8 | 50.8 |
| Cook Island Mäori | 1.3 | 50.4 |
| Tongan | 0.8 | 49.9 |
| Chinese | 2.2 | 51.8 |
| Indian | 1.2 | 48.9 |
| Japanese | 0.2 | 61.9 |
| Korean | 0.3 | 50.2 |
Source: Number of Responses for Selected Ethnic Groups, 1996 Census, Statistics New Zealand
There was an increase of 21 percent over 1991 figures for those who identified with one or more Pacific groups. Significantly, 57 percent of this group are now New Zealand born. Of the Pacific population, 50.6 percent are women.
Urban/rural
In 1996 the population of rural centres and rural areas increased by 7.6 percent, a
substantial increase since the previous census when the population gain of these areas was
1.4 percent. Rural women make up approximately 14 percent of the total population of
women.
There have been no substantive changes in New Zealand’s constitutional arrangements during the reporting period, but there have been some relevant changes to the structures of government within particular areas of the public service and government agencies. These are outlined in the relevant Article.
In late 1996 New Zealand held its first election under the Mixed Member Proportional Representation system (MMP), which resulted in a Coalition Government of National and New Zealand First parties. A formal Coalition Agreement was signed in December 1996, which included a section on women’s affairs.
New measures to allow citizens initiated referenda have also been introduced during the reporting period.
While CEDAW is concerned with the relative equality of the rights of women and men, the New Zealand Government recognises a further duty to consider the relative equality of Mäori and non-Mäori as a consequence of guarantees made under the 1840 Treaty of Waitangi.
During the reporting period progress has been made on the settlement of historical grievance claims by Mäori against the Crown under the Treaty.
The New Zealand Government is actively seeking to settle well-founded grievances arising from the Treaty of Waitangi.
Since 1984 successive governments have sought to establish an efficient, market oriented economy. The New Zealand economy is now in a strong position indicated by:
Since 1991 the number of jobs in the economy has increased strongly, particularly in the community and social sector. Further information on employment is included in Article 11: Employment.
New Zealand has seen consistently low rates of inflation over the past few years. Government policy intends to maintain price stability within a 0-3 percent inflation band.
Reducing levels of debt gives the Government greater flexibility in its revenue and expenditure policies. Spending on health, education, welfare and superannuation has increased almost 40 percent between 1990 and 1998, from $17,885 million per annum to $25,002 million per annum.
The Government continues to encourage an open economy through the removal of tariffs. This has resulted in a wider range of cheaper goods available for consumers.
The impact on women of Government policies over the reporting period is covered under the relevant articles.
Previous reservations
New Zealand’s previous reservations relating to women in combat and maternity leave
with pay have remained during the reporting period.
Women in combat
The 1977 Human Rights Act included an exception allowing discrimination on the grounds of
sex for crew members on aircraft and ships and in active combat roles (section 16(2)(a)
and (b)). In the Human Rights Act 1993, the first exception was removed but the exception
allowing sex discrimination for active combat duties has remained (section 33). The
removal of the first exception has increased the career opportunities for women in the
armed forces. Women’s employment in the armed forces is fully described in Article
11: Employment.
The previous CEDAW report discussed the 1990 report of the Working Party on Women in Combat. While the Government has not implemented the recommendations of this report, in 1997 the Human Rights Commission contracted an equity consultant to undertake an audit of NZDF’s programme for gender integration. The audit covers all policies and practices carried out within the NZDF that have any direct or indirect impact on the integration of women in the NZDF, and whether such policies and practices are discriminatory. However, the audit specifically does not cover issues relating to the current exclusion of women from combat. The audit report is expected to be completed in 1998.
Maternity leave with pay
While New Zealand’s reservation on maternity leave with pay remains, during the
reporting period government agencies have published research on parental leave policies,
and on the use of existing parental leave provisions. Further details are provided in
Article 11: Employment.
Compliance with Convention
There have been no substantive changes in the institutions which ensure the principle of
equality is complied with in practice.
There have been some consequential changes to the Equal Opportunities Tribunal as a result of the Human Rights Act 1993. The Tribunal, now called the Complaints Review Tribunal, has jurisdiction in respect of the Human Rights Act 1993, the Privacy Act 1993, and the Health and Disability Commissioner Act 1994. The Complaints Review Tribunal is empowered to award monetary damages up to a limit of NZ$200,000 under the Act.
Ministry of Women’s Affairs
The Ministry of Women’s Affairs is the Government’s primary provider of
gender-specific advice. Its vision is, ‘Making a difference for women in Aotearoa New
Zealand’. The Ministry, one of 39 government departments, has 37 staff and a budget
of $4.546 million in 1997/98.
The Ministry’s advice to the Government aims to significantly improve women’s lives and addresses areas where women are disadvantaged in relation to men, and where Mäori women are disadvantaged in relation to non-Mäori women. The Ministry uses gender analysis to examine the differences in women’s and men’s lives and to identify the underlying causes of these differences.
The Government’s response to the Beijing Platform for Action
New Zealand government representatives played an active role in the formulation of the Platform
for Action which was adopted by the Fourth World Conference on Women, Beijing,
September 1995. At the conference, the Minister of Women’s Affairs announced that she
planned "to use the actions outlined in the Platform as the basis for
developing a strategy for New Zealand women in terms of the areas of legislative,
administrative and attitudinal change that still need attention".
Immediately after the conference, the Government identified six cross-cutting themes where further action would be taken to improve the status of women. These are:
In March 1996 the Government directed the Ministry of Women’s Affairs to work with other relevant government departments and to report on progress and policy options to address these issues.
New Zealand has made significant progress in implementing the Beijing Platform for Action in the six key areas, and the relevant strategic objectives and actions in the Platform have been fully integrated into the work programme of the Ministry of Women’s Affairs.
Highlights include:
Significant progress has also been made in a number of the other strategic objectives of the Beijing Platform for Action, notably:
Ethnic Affairs Service
The Ethnic Affairs Service was established in 1992 as part of the Department of Internal
Affairs. The service provides policy advice and information to government and
non-government agencies on issues relating to ethnic groups other than Mäori and Pacific
people, who are represented by their own ministries. The 1996 census indicated there are
more than 50 such ethnic groups in New Zealand, comprising approximately 8 percent of the
resident population.
The Ethnic Affairs Service was established in 1992 as part of the Department of Internal Affairs. The service provides policy advice and information to government and non-government agencies on issues relating to ethnic groups other than Mäori and Pacific people, who are represented by their own ministries. The 1996 census indicated there are more than 50 such ethnic groups in New Zealand, comprising approximately 8 percent of the resident population.
The Ethnic Affairs Service has a strong interest in settlement issues and the difficulties new immigrants face with language barriers. Because language barriers and cultural barriers prevent segments of ethnic communities from gaining equal access to education, training and employment, a number of non-English-speaking immigrants are in low-skilled, low-paid employment. Newly arrived immigrants continue to experience higher levels of unemployment with their skills and qualifications not fully utilised.
The New Zealand Federation of Ethnic Councils is in the process of establishing a women’s network within its structure.
Publications referred to
1991 New Zealand Census of Population and Dwellings, Wellington, Statistics New Zealand. General volumes published (1992): National Summary; New Zealand Mäori Population & Dwellings; New Zealand Population Structure; Pacific Island Population & Dwellings.
1996 Census of Population and Dwellings, Wellington, Statistics New Zealand. Volumes published to end of 1997: Mäori ; National Summary; Population and Dwellings Statistics.
The Beijing Declaration and the Platform for Action: Fourth World Conference on Women, Beijing, China, 4-15 September 1995 1996, New York, United Nations Department of Public Information. Referred to in this text as Platform for Action.
The Coalition Agreement 1997, Wellington, NZ Government. Agreement to govern as a coalition, made 10 December 1996 between NZ National Party and New Zealand First.
Connors, Jane & Byrnes, Andrew 1996, Assessing the Status of Women: A Guide to Reporting under the Convention on the Elimination of All Forms of Discrimination Against Women, Minneapolis, International Women’s Rights Action Watch; London, Women and Youth Affairs Division, Commonwealth Secretariat.
The Full Picture: Guidelines for Gender Analysis: How to Achieve Quality in Policy and Services = Te Tirohanga Whänui: Ngä Aratohu mö ngä Rerekëtanga ira Tangata: Me Pëhea e Taea ai ngä Kaupapahere me ngä Ratonga Pai 1996, Wellington, Ministry of Women’s Affairs.
Health and Disability Commissioner Act 1994, Wellington, NZ Government. (Statutes of New Zealand. Public Acts, 1994 no.88)
Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996 (New Zealand. Statutory Regulations, 1996 SR 1996/78) Also published by the Commissioner as a pamphlet with the title Code of Health and Disability Consumers’ Rights (1996).
Human Rights Act 1993, Wellington, NZ Government. (Statutes of New Zealand. Public Acts, 1993 no.82)
NZ Ministry of Women’s Affairs 1995/96, Report for the Year ended 30 June = Te Pürongo-a-Tau. . .mö te ta i Mutu i te 30 o ngä rä o Pipiri, Wellington, The Ministry. (Appendix to the Journals of the House of Representatives of New Zealand, G.39) Reports published annually since 1987.
NZ Working Party on Women in Combat 1990, Government Review of the Policy Concerning Women in Combat: The Report, Wellington, The Working Party. Chaired by Mai Chen.
Privacy Act 1993, Wellington, NZ Government. (Statutes of New Zealand. Public Acts, 1993 no.28)
Status of New Zealand Women 1992: Second Periodic Report on the Convention on the Elimination of All Forms of Discrimination Against Women 1992, Wellington, Ministry of Women’s Affairs. First report (October 1986), with title ‘New Zealand [sic] First Report to the United Nations Secretary General under Article 18 of the Convention on the Elimination of All Forms of Discrimination Against Women’, was not formally published.
["Te Tiriti o Waitangi" = "The Treaty of Waitangi"] 1840. Original signed manuscript held National Archives of New Zealand. Text also in contemporary printed versions and later facsimile editions, notably Fac-similes of the Declaration of Independence and the Treaty of Waitangi (Wellington, Government Printer, 1877).
For the purposes of the Convention, the term ‘discrimination against women’ means any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.
The New Zealand constitution reflects and establishes that New Zealand is a monarchy, that it has a parliamentary system of government, and that it is a democracy. It increasingly reflects the fact that the Treaty of Waitangi is regarded as a founding document of government in New Zealand. The constitution must also be seen in its international context. New Zealand governmental institutions must increasingly have regard to international obligations and standards.
(Cabinet Office Manual, 1996)
New Zealand’s constitution has not changed since the second periodic report to the CEDAW Committee.
The Treaty of Waitangi is New Zealand’s founding document. It recognises Mäori as tangata whenua (indigenous people), and imposes obligations on the Crown, while also guaranteeing the full rights of citizenship to Mäori. The Treaty provides the starting point for the development of a living relationship between the Crown, Mäori and other New Zealanders which encompasses mutual respect, equal rights and active promotion of Mäori culture.
The New Zealand Bill of Rights Act 1990 aims to affirm, protect and promote human rights and fundamental freedoms in New Zealand; and to affirm New Zealand’s commitment to the International Covenant on Civil and Political Rights. It applies to acts done by the legislative, executive and judicial branches of the Government, or by any person or body in the performance of any public function, power or duty conferred or imposed on that person or body by or pursuant to law. It also affirms the right of everyone to freedom from discrimination on all the grounds set out in the Human Rights Act 1993.
The Human Rights Act 1993 prohibits discrimination in a number of areas. These include employment matters; access to public places, vehicles and facilities; provision of goods and services; provision of land, housing and other accommodation; and access to educational establishments. Within these areas of public life it is unlawful to discriminate against a person on the following grounds: sex (including pregnancy and childbirth), marital status, religious or ethical belief, colour, race, ethnic or national origins, disability, age, political opinion, employment status, family status (including the care of children or dependants) and sexual orientation.
New Zealand has ratified international convenants which obligate governments to ensure women’s and men’s equal rights to enjoy all economic, social, cultural, civil and political rights. The New Zealand Government’s policy is to ensure that its legislation, policies and administrative practices are consistent with such covenants prior to ratification.
A series of judgements during the reporting period have considered the impact of international instruments on administrative decision-making, and the role of international instruments as tools of statutory interpretation. Jurisprudence has developed in New Zealand which recognises the value of international agreements as tools for interpreting the legislative provisions which implement them into domestic law. However, international agreements do not automatically become part of New Zealand domestic law upon ratification, but must be enacted into law by Parliament.
Publications referred to
Human Rights Act 1993, Wellington, NZ Government. (Statutes of New Zealand. Public Acts, 1993 no.82)
New Zealand Bill of Rights Act 1990, Wellington, NZ Government. (Statutes of New Zealand. Public Acts, 1990 no.109)
NZ Cabinet Office 1996, Cabinet Office Manual, Wellington, Cabinet Office, Department of the Prime Minister and Cabinet.
["Te Tiriti o Waitangi" = "The Treaty of Waitangi"] 1840. Original signed manuscript held National Archives of New Zealand. Text also in contemporary printed versions and later facsimile editions, notably Fac-similes of the Declaration of Independence and the Treaty of Waitangi (Wellington, Government Printer, 1877).
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake:
(a) to embody the principle of the equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the practical realisation of this principle;
(b) to adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women;
(c) to establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination;
(d) to refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligation;
(e) to take all appropriate measures to eliminate discrimination against women by any person, organisation or enterprise;
(f) to take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women;
(g) to repeal all national penal provisions which constitute discrimination against women.
PROGRESS
Supplementary material to New Zealand’s second periodic report outlined the provisions of the Human Rights Act 1993.
This report refers specifically to aspects of the Act that relate to women, as other aspects are dealt with more fully in New Zealand’s third periodic report under the International Covenant on Civil and Political Rights (CCPR/C/64/Add.10, paras 13-24).
Government compliance
Under the Human Rights Act 1993 the Government has until 31 December 1999 to ensure that
conflicting legislation and government policies and administrative practices either comply
with the provisions of the Human Rights Act or are preserved by new specific exemptions.
Section 5(1) of the Human Rights Act required the Human Rights Commission to examine all legislation and government policies and practices to determine whether any of their provisions constitute unlawful discrimination or conflict with the spirit or intention of the Act. The review, Consistency 2000, was being conducted by the Human Rights Commission with the assistance of government departments. However, in late 1997 the Government formally decided that the Consistency 2000 review was not justified and that the Human Rights Commission should be relieved of this statutory responsibility. In place of the review, the Government announced a number of other decisions:
The effect of these measures is that the Government will be properly subject to the Act, for example in such matters as employment, access to buildings and accommodation. In areas such as welfare benefits and health, where finite resources are targeted, the Government will continue to be able to take the necessary decisions. However, any discrimination not covered by existing exceptions will have to be authorised by legislation or regulations for which Government is accountable.
Exemptions to the Act
Section 27(3) of the Human Rights Act recognises that some discrimination on grounds of
sex may be legitimate in some employment occasions where a ‘reasonable standard of
privacy’ is required.
Exemptions in relation to disability are permissible where it would not be reasonable to expect the employer to provide the special facilities or services needed to perform the position satisfactorily and where there is an unreasonable risk of harm (Section 29). Exemptions remain in relation to family status where employment in national security is involved (Section 25) and to work carried on outside New Zealand.
The Act also exempts the offering or providing of superannuation or life insurance schemes with different terms for each sex, if those terms are based on actuarial data on the life expectancy, or accident or sickness rates of each sex. During the reporting period the High Court held that a private pension scheme which provided benefits based on qualifications such as marital status, age and disability was contrary to the Human Rights Act 1993. The Act was amended in 1994 to accommodate the provisions of existing private schemes and to require schemes established after 1994 to comply with the Human Rights Act 1993.
Indirect discrimination
In Section 65 the Human Rights Act also has a provision against indirect discrimination.
Both the Human Rights Commission’s Complaints Division and the Employment Tribunal
have recently considered employment-related cases of indirect discrimination on the basis
of family status or responsibilities. One of the cases related to a refusal to provide
part-time work and another to a refusal to provide a slight modification of full-time
working hours. These two cases could become important precedents and assist the
advancement of women in the workforce.
In a recent High Court judgement on indirect discrimination it was held that the right to freedom from discrimination guaranteed in the New Zealand Bill of Rights Act 1990 included freedom from indirect as well as direct discrimination. The plaintiff had argued that the Bill of Rights Act guarantee only applied to direct discrimination. This ruling will enable women, in some instances, to use the Bill of Rights to challenge policies or practices of government that have different impacts on women and men.
Complaints statistics
In the 1996/97 year the combined sex discrimination and sexual harassment complaints
accounted for 43 percent of all complaints received by the Human Rights Commission. The
vast majority of sex discrimination and sexual harassment complainants are women - 98.21
percent of the complainants between 1981 and 1993.
In the year ended 30 June 1997 there was a 45 percent increase in sexual harassment complaints, from 55 in 1995/96 to 80 in 1996/97, with 88 percent of such complaints in the area of employment. Employment remains the largest area of complaints at 62 percent of all complaints.
There have been a number of cases in the Employment Tribunal for breach of employment contract on the basis of discrimination under the Human Rights Act on grounds including family status, disability, sex discrimination, sexual harassment, marital status and age. While discrimination on grounds of race is illegal, few refugee or immigrant women complain to the Human Rights Commission.
The Domestic Violence Act came into force on 1 July 1996. The definition of violence in the Act closely resembles the definition of violence used in the Declaration on the Elimination of Violence Against Women.
The Ministry of Women’s Affairs was closely involved with preparation of the new legislation, which was introduced after an extensive round of consultation. Women’s organisations, including the National Collective of Independent Women’s Refuges, the YWCA and Rape Crisis actively participated in the development of the legislation. The Ministry of Women’s Affairs has an ongoing role monitoring implementation issues.
The key legislative changes contained in the Act are:
Of particular significance for Mäori, the Act:
At the time the Domestic Violence Act came into force, changes were also made to the Guardianship Act. Essentially, in custody and access cases where allegations of violence have been made against the person pursuing access, the court must determine whether there was violence and, if so, cannot make an order of unsupervised access unless that parent can satisfy the court that the child will be safe.
Where orders are sought under the Domestic Violence Act 1995, applicants for legal aid are now not required to make any financial contribution, nor is there now any power to impose a charge on the person’s property as a way of securing the cost of any legal aid. This is a significant advance, as incurring further debt has been cited as a major barrier to access to justice for women.
The Health and Disability Commissioner was appointed in 1994 with responsibilities including preparation of a Code of Health and Disability Services Consumers’ Rights. The Code, which came into force on 1 July 1996, aims to promote the rights of consumers to receive services of an appropriate standard and to facilitate the fair, simple, and speedy resolution of complaints related to these rights. In particular, Right 2 states:
Every consumer has the right to be free from discrimination, coercion, harassment, and sexual, financial or other exploitation.
Discrimination is defined in the Code as discrimination that is unlawful under Part II of the Human Rights Act 1993. Exploitation includes any abuse of a position of trust, breach of a fiduciary duty, or exercise of undue influence. The Health and Disability Commissioner may investigate alleged breaches of Right 2 by providers as it relates to the quality and delivery of health and disability services. In instances of possible discrimination by the provider, the Commissioner may refer any complaint to the Human Rights Commission. The Code is discussed more fully under Article 12: Health.
Despite strong legislative provisions, available statistics indicate that there is still progress to be made to achieve equal outcomes and opportunities for men and women. Although there has been no systematic study of the causes or nature of the barriers to women’s equality, the Government has sought to address these differences through the work of the Ministry of Women’s Affairs and its response to the Beijing Platform for Action.
Information about women’s lives
The Government identified the need for improved gender statistics and information about
women’s lives as a critical area for action in the Beijing Platform for Action
if New Zealand is to improve its understanding of the barriers to equality, and has taken
some significant steps to address gaps in statistical information.
Time Use Survey
In the 1997 Budget funding of $2.25 million over three years was announced for a
comprehensive time use survey. The survey will be conducted by Statistics New Zealand and
sponsored by the Ministry of Women’s Affairs and will provide a robust benchmark of
time allocation by New Zealanders.
The survey will provide time use information on population groups including men, women, Mäori, non-Mäori, the employed, the unemployed, urban and rural dwellers. It will also identify differences in the amounts of time that specific population groups spend on various activities. The survey will provide data on men’s and women’s unpaid productive activities such as household work, caring for family members and other people, and voluntary work in the community. In addition, the data will cover men’s and women’s participation in paid work, education and training, leisure and personal care.
This sort of information, which is currently unavailable, will be used to improve public sector policy and programme development in the health, employment and welfare sectors, and for population-based policy advice - for example, women, Mäori and youth.
The Time Use Survey will be particularly useful in providing a first ever estimate of the time spent by Mäori women in tribal organisations and other organisations concerned with the maintenance of cultural activities, which is largely unpaid work. Furthermore, it will provide benchmark information which will assist in gauging the effort being put by all New Zealanders into preserving Mäori culture.
A number of government agencies are already planning to use the results for policy and programme development, and the data generated will also be useful to non-government voluntary or non-profit organisations. The survey will also provide information on the amount of time people spend doing paid and unpaid work for different types of voluntary agency. This will help in understanding the resources voluntary agencies have available, and what they contribute to society and the economy.
Prime Minister and Minister of Women’s Affairs, Hon Jenny Shipley, has said of the survey:
Unpaid work, including childcare, care for the elderly, household work, and voluntary community work, is crucial to the New Zealand economy but its value is largely ignored. The Time Use Survey will help us better understand how people balance these important social and economic responsibilities.
Other statistical information
Details of the 1996 Household Disability Survey conducted by Statistics New Zealand are
included in Article 12: Health.
During 1997, as part of the New Zealand response to the Beijing Platform for Action, the Ministry of Women’s Affairs worked closely with other government agencies to secure funding for improved statistics, including an extension to the Household Labour Force Survey, a survey on childcare, and a longitudinal survey of income dynamics. The Ministry of Women’s Affairs also published a statistical guide to the current position of women in the labour market.
Although significant advances have been made over the past year, there is a need to improve the collection and distribution of statistical information covering Mäori, Pacific people and ethnic minorities.
Access to information
Informing women about their rights and how to take action to ensure these rights are
complied with has proven to be an effective way of addressing and preventing
discrimination. The Government has sought to improve the distribution of information to
women, including producing information pamphlets in Mäori and Pacific languages. When the
Domestic Violence Act 1995 came into force, it also undertook an extensive information
campaign to ensure that women were fully informed about their rights.
The Law Commission is currently reviewing women’s access to justice, including access to legal information, in a project which is described in detail under Article 15: Equality before the Law and in Civil Matters.
The New Zealand Law Society also runs a Law in Schools programme aimed at educating young people about their rights and responsibilities under the law and to encourage an appreciation of how they can participate in the legal system.
Both the Human Rights Commission and the Department of Labour’s Industrial Relations Service provide toll-free telephone numbers nationwide. An annual survey of callers to the Industrial Relations Service information lines show that women are the majority of callers: 61 percent in 1995; 64 percent in 1996.
In 1995 the Ministry of Women’s Affairs published pamphlets for women on their employment rights.
The New Zealand Association of Citizens Advice Bureaux (CAB) have 91 bureaux nationwide, which deal with over half a million enquiries per year. Seventy percent of their clients are women, and the majority of enquiries relate to budgeting services, legal services and rights, and welfare services. In February 1996 CAB conducted a survey of enquiries made by women for legal advice or information. Seventeen percent of enquiries were for information on obtaining legal advice. Fourteen percent related to separation and other marital matters; 8 percent to custody, abusive and violence situations; and 8 percent to housing and employment matters.
The availability of information in ways and forms which suit Mäori and Pacific women, and women from different ethnic groups, may also be a barrier to their achieving full access to anti-discrimination measures.
Participation
Enhancing the role of women in decision-making was recognised as a critical area for
action in the Beijing Platform for Action. Activities designed to overcome existing
barriers are described under Article 7: Political and Public Life.
Mainstreaming gender analysis
In March 1996, as part of its response to the Beijing Platform for Action, the
Government directed the Ministry of Women’s Affairs to work with other government
departments and agencies on mainstreaming a gender perspective in the development of all
policies and programmes and, since then, the Ministry has published The Full Picture -
guidelines for gender analysis and conducted over 20 gender analysis seminars. The
focus for the Ministry in the medium term is to work with central agencies on improving
the quality of policy advice provided to government, by developing a means of ensuring
that other government agencies are accountable for implementing gender analysis in all
aspects of their work. The Ministry also plans to develop a Mäori Women’s Analysis
Framework to put gender analysis in the context of the Treaty of Waitangi.
Publications referred to
The Beijing Declaration and the Platform for Action: Fourth World Conference on Women, Beijing, China, 4-15 September 1995 1996, New York, United Nations Department of Public Information. Referred to in this text as Platform for Action.
Contraception, Sterilisation and Abortion Act 1977, Wellington, NZ Government. (Statutes of New Zealand. Public Acts, 1977 no.112; RS 28)
Domestic Violence Act 1995, Wellington, NZ Government. (Statutes of New Zealand. Public Acts, 1995 no.86)
Guardianship Act 1968, Wellington, NZ Government. (Statutes of New Zealand. Public Acts, 1968 no.63; RS 9)
Health and Disability Commissioner Act 1994, Wellington, NZ Government. (Statutes of New Zealand. Public Acts, 1994 no.88)
Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996 (New Zealand. Statutory Regulations, 1996 SR 1996/78) Also published by the Commissioner as a pamphlet with the title Code of Health and Disability Consumers’ Rights (1996).
Human Rights Act 1993, Wellington, NZ Government. (Statutes of New Zealand. Public Acts, 1993 no.82)
Human Rights in New Zealand: New Zealand’s Third Report to the United Nations Human Rights Committee on Implementation of the International Covenant on Civil and Political Rights 1995, Wellington, Ministry of Foreign Affairs and Trade.
New Zealand Bill of Rights Act 1990, Wellington, NZ Government. (Statutes of New Zealand. Public Acts, 1990 no.109)
The Full Picture - guidelines for gender analysis, Ministry of Women’s Affairs, New Zealand, 1996.
States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men.
New Zealand’s second periodic report to the CEDAW Committee outlined the progress made on eliminating legal discrimination against women. See Article 2: Anti-Discrimination Measures for the period January 1994 to February 1998.
The 1996 Household Disability Survey carried out by Statistics New Zealand found that 19 percent of the New Zealand population live with a disability or long-term health problem. The analytical data specifically relating to women will become available during 1998. A full description of the survey is contained in Article 12: Health.
Over half (52 percent) of people with disabilities are women. Sixty-one percent of women aged 75 and over and resident at home have a disability, often age-related. Impaired mobility is the most common disability to affect women in all age groups, especially women in the older age groups. Details are provided under Article 12: Health.
At 34 percent, the labour force participation rate for women with disabilities is less than for other women (56 percent). The largest occupational groups for women with disabilities are service and sales work (17,400), clerical (16,300), and elementary occupations (11,800). The next highest groups are now the professions (10,600) and technicians and associated professional groups (9,700).
Human Rights Act 1993
In the 1996/97 year 19 percent of the formal complaints to the Human Rights Commission
were on the grounds of disability, with over half of the complaints relating to the
provision of goods and services. It is not known how many of these complaints were made by
women.
The Human Rights Commission has recently funded an advocacy training programme to increase the confidence of people with disabilities in making a complaint about discrimination.
Support
The Household Disability Survey revealed that women with disabilities have a high rate of
home ownership, and many older women who have a disability own their own homes. Younger
women, especially those who have acquired a disability at an early age, are more likely to
live in rented accommodation, including that provided by Housing New Zealand, the
government-owned rental housing enterprise.
As a result of a complaint made to the Human Rights Commission, accessible bus services have been introduced on a few urban routes. Subsidised taxi vouchers are available in most urban centres and in some smaller rural centres, under the Total Mobility Scheme for people with mobility disabilities, which is administered by local government authorities.
The Department of Social Welfare provides a supplementary disability allowance to people who receive welfare benefits, New Zealand Superannuation retirement income, or low wages, to help meet additional costs such as transportation or medication.
The provision of those disability support services provided in the health sector is covered under Article 12: Health.
Publication referred to
Human Rights Act 1993, Wellington, NZ Government. (Statutes of New Zealand. Public Acts, 1993 no.82)
1
This section is included under Article 3 in line with the CEDAW Committee's General Recommendation no. 18 (Tenth Session, 1991).(1) Adoption by States Parties of temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination as defined in the present Convention, but shall in no way entail as a consequence the maintenance of unequal or separate standards; these measures shall be discontinued when the objectives of equality of opportunity and treatment have been achieved.
(2) Adoption by the States parties of special measures, including those measures contained in the present Convention, aimed at protecting maternity shall not be considered discriminatory.
Details of equal employment opportunities to reduce systemic discrimination against a range of groups, including women, are described under Article 11: Employment.
The Human Rights Act 1993 protects temporary measures provided they are put in place to assist persons or groups of persons against whom discrimination would be unlawful, and who may need assistance or advancement in order to achieve an equal place with other members of the community. The Act also removed the requirement to seek approval from the Human Rights Commission for such programmes. While this made it easier to establish programmes, data on such programmes is not readily available.
Section 74 of the Human Rights Act provides that favourable treatment granted because of a woman’s pregnancy or childbirth, or a person’s responsibility for care of children or other dependants, does not constitute a breach of that Act.
There have been no significant changes to the law on maternity protection during the reporting period. Some of the measures for antenatal women and for discrimination against parents are outlined under Article 12: Health and Article 11: Employment.
Measures to address barriers to equality in employment are outlined in Article 11: Employment.
Publication referred to
Human Rights Act 1993, Wellington, NZ Government. (Statutes of New Zealand. Public Acts, 1993 no.82)
States Parties shall take all appropriate measures:
(a) to modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women;
(b) to ensure that family education includes a proper understanding of maternity as a social function and the recognition of the common responsibility of men and women in the upbringing and development of their children, it being understood that the interest of the children is the primordial consideration in all cases.
PROGRESS
In 1995 the Ministry of Women’s Affairs, the Equal Employment Opportunities Trust, and the Employers’ Federation undertook the Work & Family Directions project, which was sponsored by Telecom New Zealand. The project was designed to assist employers who were prepared to make commitments to enhance work and family policies within their organisation and to develop ‘best practice’ family-friendly strategies. Fifty-two public and private sector companies participated in a nationwide project over a 12-month period.
The project publication, Work & Family Directions: What New Zealand Champions are Doing, provides examples of and information about family-friendly policies and practices which focus on a range of practical options, most of which are low cost and simple to implement. An ongoing network has been established and in 1998 the inaugural EEO Trust Work & Family Awards will be presented.
In 1996 CM Research carried out an analysis of New Zealanders and their attitudes to family life and the relationship between employment and quality of family life. The survey found that people in paid employment have the most positive feelings about family life, while women in the home were less hopeful that family life is improving or happier. One-third of the people surveyed felt that companies are becoming more accommodating of working parents.
Family education
Family education remains a part of the new national curriculum in schools, details of
which are contained in Article 10: Education.
The Films, Videos, and Publications Classification Act 1993 came into force on 1 October 1994. The Act contains offence provisions relating to both possession and supply of objectionable materials and since its introduction a number of successful prosecutions have been taken against individuals and companies.
In addition to the Office of Film and Literature Classification established by the Act, the Department of Internal Affairs Censorship Compliance Unit employs six inspectors of publications whose task is to enforce the Act. Inspectors have the right to enter any premises open to the public where publications are being offered for supply or being publicly displayed, and may seize any publication that they believe, on reasonable grounds, is being offered for supply in contravention of any existing classification, or any publication which has not been classified which may be being made available in contravention of the Act. They may also seize any publication which they believe, on reasonable grounds, to be objectionable, and may obtain search warrants where there are reasonable grounds to believe that objectionable publications are being supplied.
As at November 1997 there have been five successful prosecutions relating to the Internet. Since the June 1996 establishment of the Censorship Compliance Unit in the Department of Internal Affairs, 41 prosecution cases have been prepared, 27 of which relate to the trade of child pornography on the Internet.
Images of women in the media inform and influence society about women’s roles and how a society values or treats women. New Zealand censorship law is drawn from the public view that there should be some constraints on the level of violence and negative images of people portrayed in the media. In addition to the work of the Office of Film and Literature Classification, images of women in the media are regulated through the Advertising Standards Authority and the Broadcasting Standards Authority.
During the reporting period there have been comprehensive advertising and public awareness campaigns to counter violence against women, particularly domestic violence. Television has been used extensively by government agencies.
There has been extensive debate in New Zealand about the extent to which aggression and violent behaviour are learned, how they are learned, and the influence of the media, particularly television. There has also been debate about the effects of violence against women being portrayed in the media. An outline of the measures to address violence against women is contained under Article 12: Health. Domestic violence is addressed under Article 16: Marriage and Family Life.
The National Collective of Rape Crisis and Related Groups of Aotearoa (Rape Crisis) is a non-profit organisation that provides support and counselling for rape and sexual abuse victims. They also provide education and public awareness campaigns, and training for professionals in the area of sexual violence.
Rape Crisis is largely funded by the Department of Social Welfare and the Lottery Grants Board, with some assistance from philanthropic trusts. From 1992 to 1996, it provided counselling for over 6,000 new clients.
The Children and Young Persons and their Families Service (CYPFS) and the New Zealand Police are the main agencies that investigate child sexual abuse notifications.
The 1995 policy and guidelines for the investigation of child sexual abuse and serious physical abuse form the basis of a joint procedure. The primary function of CYPFS is the investigation and assessment of whether the child is in need of care and protection. The primary responsibility of the Police is the investigation of offences and, where appropriate, prosecution. CYPFS community liaison social workers educate the public about the nature of sexual abuse, its detection and prevention.
In 1996/97 year, 10.2 percent of the cases investigated by CYPFS where abuse was found were sexual abuse cases. The rights of child sex abuse victims are reported on in New Zealand’s report on the Convention on the Rights of the Child, Number 2, May 1997.
Publications referred to
Convention on the Rights of the Child: Presentation of the Initial Report of the Government of New Zealand 1997, Wellington, Ministry of Foreign Affairs and Trade. (Human rights, no.2, May 1997)
Film, Videos, and Publications Classifications Act 1993, Wellington, NZ Government. (Statutes of New Zealand. Public Acts, 1993 no.94)
Work & Family Directions: What New Zealand Champions are Doing = Te Whakapakari i te Mahi me te Whänau: Ngä Mahi kei te Mahia e ngä Toa o Aotearoa 1995, Wellington, Ministry of Women’s Affairs, NZ Employers’ Federation, Equal Employment Opportunities Trust.
States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.
PROGRESS
The New Zealand Immigration Service relies on the public or employers to provide information about illegal workers and, where appropriate, takes compliance action. In November 1995 the Immigration Service implemented a national strategy to target industries that have a history of employing people illegally and industries which are likely to employ illegal workers, including the sex industry.
In 1996 the Immigration Service, together with the Police, investigated massage parlours suspected of employing illegal workers who are predominantly women, mainly from Thailand. As these women have little or no English language skills they are vulnerable to exploitation. Some parlour owners hold the documents of national identity of these women, preventing them from returning to their home countries. In 1993 it was estimated that about 65 to 70 women in five parlours had been treated in this way.
The New Zealand Prostitutes Collective (NZPC) has reported that these women are often reluctant to report exploitation to government agencies such as the Police as they fear prosecution for their own involvement in illegal activities. Some women have been convicted and deported for soliciting.
The Crimes Amendment Act 1995 contains provisions creating an extra-territorial offence for sexual conduct with children by New Zealanders who are overseas. Children in other countries are therefore accorded the same standard of protection under New Zealand law from sexual abuse as children living in New Zealand. The Act also makes it illegal in New Zealand to assist other people to travel overseas for the purpose of having sex with children, or to promote child sex tours.
New Zealand’s current policies and laws comply with the terms of the Stockholm Declaration and Agenda for Action.
The New Zealand Prostitutes Collective (NZPC) received government funding of $300,000 in 1996/97 and employs four full-time and seven part-time workers, with additional voluntary workers. NZPC operates community drop-in centres in the main cities and outreach services are provided in provincial cities and towns.
NZPC and other non-government organisations, including the Federation of Business and Professional Women and the YWCA, are lobbying for the decriminalisation of prostitution. There are two key issues of concern for those seeking changes to the law: the vulnerability of sex workers, and the risk to them of the spread of HIV/AIDs.
Under section 26 of the Summary Offences Act 1981 it is an offence for a sex worker to offer sex for money in a public place, but it is not an offence to pay for sex. Although the sex industry in New Zealand is virtually free of HIV/AIDS because prostitutes are well-educated on modes of transmission and prevention there is concern amongst health professionals about the potential for the spread of HIV under the current legal regime. Sex workers may be coerced or forced to perform services they would rather not, including those which put their health at risk.
Publications referred to
Crimes Amendment Act 1995, Wellington, NZ Government. (Statutes of New Zealand. Public Acts, 1995 no.49)
Summary Offences Act 1981, Wellington, NZ Government. (Statutes of New Zealand. Public Acts, 1981 no.113; RS 28)
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country, and, in particular, shall ensure to women, on equal terms with men, the right:
(a) to vote in all elections and public referenda and to be eligible for election to all publicly elected bodies;
(b) to participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government; and
(c) to participate in non-governmental organisations and associations concerned with the public and political life of the country.
PROGRESS
Increased political participation by women. Both the Prime Minister and the Leader of the Opposition are women. The Prime Minister has retained responsibility for the Women’s Affairs portfolio. Women make up 30 percent of the New Zealand Parliament. An increase in the numbers of women appointed to government committees and boards. A number of initiatives are underway to further increase the number of women in decision-making positions. NGO activities to heighten awareness about the fourth World Conference on Women and the Platform for Action.
Changes in electoral system
New Zealand’s electoral system was changed during the reporting period to the new
Mixed Member Proportional Representation system (MMP), details of which are contained in
New Zealand’s third periodic report under the International Covenant on Civil and
Political Rights (CCPR/C/64/Add.10). Under MMP the total number of seats increased from 99
to 120, made up of 60 general electorate seats, five Mäori electorate seats and 55 list
seats. The first general election under the new system took place in October 1996.
Women in government
Thirteen (21.3 percent) of the 61 Coalition Government Members of Parliament are women, up
from 12 percent in the previous government. Three of the 24 ministers are women. On 8
December 1997 Hon Jenny Shipley was sworn in as New Zealand’s first woman Prime
Minister, and she retained responsibility for the Women’s Affairs portfolio. The two
other women ministers are outside Cabinet.
Women in Parliament
Thirty-six of the 120 seats in Parliament are held by women, increasing the percentage of
women in Parliament from 21 percent to 30 percent. Of these, six seats (5 percent) are
held by Mäori women, an increase from two (2 percent). The 1996 election also saw the
first Asian New Zealand woman elected to Parliament. Women hold 26 of the 55 list seats
(47.3 percent) and 10 of the 65 electorate seats (15.4 percent). The leaders of the two
largest parliamentary political parties are women, while three other parties have women
leaders or co-leaders.
It is unclear whether women’s increased representation in Parliament is due to the changed electoral system or is part of a continuing trend toward greater political participation by women. In the four elections since 1987, women’s parliamentary representation has increased from 14 percent to 30 percent, while Mäori women’s representation increased from 1 percent to 5 percent.
Under MMP the ranking of women on party lists is crucial in determining the number of women in Parliament. If a party’s women candidates are concentrated in the upper ranks of the list, that party’s proportion of women MPs is likely to be higher than the actual proportion of women on the party list.
Electoral petitions
To mark the centenary of women winning the vote in New Zealand in 1993, Marilyn Waring,
Jocelyn Fish and Dame Georgina Kirby organised petitions seeking an amendment to the
Electoral Act 1993 ‘to ensure equality of, and parity in, gender representation in
New Zealand’s elected representatives’.
The Government’s response was:
The Government agrees that greater representation of women in the House of Representatives is highly desirable. One of the advantages ascribed by the Royal Commission on the Electoral System to an MMP electoral system was that political parties would have an incentive to select party lists that fairly represented the electorate. Section 264 of the Electoral Act 1993 provides for the appointment of a select committee in 2000 to review various aspects of the electoral system including the provisions of the Act dealing with Mäori representation. The House of Representatives might consider inviting this select committee to also examine the extent to which party lists have resulted in better representation of women in the House and what changes, if any, to the electoral system might appropriately be made to further enhance the representation of women.
There are 86 elected local government organisations in New Zealand. In the 1995 local government elections 15 women were voted mayor (17.4 percent), while 297 women were elected as representatives out of a total of 1,056 (28 percent). Thirty-nine (13 percent) identified themselves as Mäori women in a recent survey of local government politicians.
The research report Change and Diversity: Opportunities for and Constraints on Rural Women In New Zealand (Rivers 1997) reports that nationally women have higher levels of representation on city councils than district councils (i.e. outside of cities) although district council representation has been increasing in successive local body elections. This trend is expected to continue.
In 1995, for the first time, women were elected to the representative body of local government, Local Government New Zealand. This body represents local government nationally and advocates its interest to central government, business, social and community groups. The chief executive of Local Government New Zealand is also a woman.
Judiciary
There has been an increase in women’s representation in the judiciary over the
reporting period. Three women have been appointed as High Court judges (9 percent) and, of
the 98 District and Family Court judges, 16 are women (16 percent). There are no women yet
in the Court of Appeal, although during the reporting period women High Court judges have
served on the Appeal Court for short periods.
Legal profession
The Law Commission now has a majority (three of a total of five) of women Law
Commissioners, including one Asian woman and a recently appointed Mäori woman. In 1997
30.5 percent of lawyers with practising certificates were women, and 12 percent of
principals in law firms are women. At the 1996 census there were 291 Mäori lawyers (4.4
percent of all practising lawyers) and 81 Pacific lawyers (1.2 percent of all practising
lawyers).
In 1993 women comprised 38 percent of members of district legal services committees. The Legal Services Board has three women and four men.
A 1996 publication, Without Prejudice: Women in the Law (Gatfield 1996), traced the evidence of sex discrimination and gender bias in the New Zealand legal profession and judiciary over the last 100 years. Both professions were seen to be failing to uphold gender equity. The study also pointed to ways in which gender equity in the legal profession can be achieved. In 1996 all New Zealand judges attended a gender equity seminar on issues for women in the justice system.
Public service
In February 1998 seven women headed government departments. The Secretary to the Cabinet
is also a woman.
In June 1997 women made up 54.3 percent of public service staff, compared to 50.1 percent in 1991. The proportion of women earning over $60,000 increased from 0.5 percent in 1991, to 4 percent in 1997. In 1997, 39.2 percent of women public servants earned less than $30,000, compared to 16.7 percent of men. Of Mäori women in the public service, 39.1 percent of earned less than $30,000 and 2.5 percent earned over $60,000.
| % 1991 | % 1997 | |
|---|---|---|
| Women in public service | 50.1 | 54.3 |
| Women earning over $60,000 | 0.5 | 4.0 |
| Women earning less than $30,000 | 61.0 | 39.2 |
| Men earning less than $30,000 | 30.0 | 16.7 |
| Mäori women earning less than $30,000 | NA | 39.1 |
| Mäori women earning more than $60,000 | NA | 2.5 |
Statutory boards
As part of New Zealand’s response to the Beijing Platform for Action, the
Ministry of Women’s Affairs is working with other government agencies to enhance
women’s role in decision-making through a government commitment to gender balance on
all government-appointed committees, boards and other relevant official bodies. The
Ministry of Women’s Affairs is aiming at 50 percent of women on statutory boards by
the year 2000. In 1996, 31.4 percent of appointments or reappointments made by the Cabinet
Committee on Appointments and Honours were women. The comparable figure for 1993 was 25
percent.
Sixty-eight (19 percent) of the 351 chairpersons or directors of Crown company boards are women. On 19 September 1997, the 104th anniversary of women winning the vote in New Zealand, the Minister of Women’s Affairs, Hon Jenny Shipley, announced plans to improve this proportion. The Crown Company Monitoring and Advisory Unit, in association with the Ministry of Women’s Affairs, held a training course for potential directors on corporate governance and accountability. Further seminars and a mentoring project are planned for 1998. The seminars are to assist suitably experienced and competent women to acquire the skills to serve on statutory boards.
Mäori women
Mäori women have diverse identities in New Zealand. The Treaty of Waitangi provides a
framework for the interaction of Mäori and the Government, and as such it supports Mäori
women both as individual citizens and as members of their tribes and families.
In 1993 a Mana Wähine claim was filed in the Waitangi Tribunal by the Mäori Women’s Welfare League, all its past presidents, and others, which is still to be heard. The claimants assert that Mäori women have been "...systematically deprived of their spiritual, cultural, social and economic wellbeing by Crown actions and policies...in breach of Articles II and III of the Treaty of Waitangi", and that the position of Mäori women has been diminished through "...the Crown’s failure to accord Mäori women status and power within the political, cultural, social and economic structures that it has created". The claimants contend that they are prejudiced by the non-appointment of Mäori women to bodies that administer, develop policy for, and foster the political, economic and social objectives of Mäori.
Although there is little available information on the numbers of Mäori women in decision-making positions in the private sector, a number of highly skilled Mäori women now hold positions of responsibility in diverse industries. The number of self-employed Mäori women has more than quadrupled between 1991 and 1996 to 7 percent of Mäori women in employment. The Mäori policy unit of the Ministry of Women’s Affairs, Te Ohu Whakatupu, is promoting these women as highly skilled potential directors and as role models for other Mäori women.
Trade unions
In 1997 the New Zealand Council of Trade Unions (NZCTU) conducted its fourth Women in
Unions survey published as Moving Mountains: The Progress of Women in New Zealand
Unions. Although overall union membership has dropped since 1996, the survey revealed
that women make up 57 percent of NZCTU members, a rise from 52 percent in 1994. The study
also revealed that women make up 51 percent of NZCTU delegates, a rise from 46 percent in
1994. Women in higher positions in unions are heavily concentrated in female-dominated
unions and have a low level of representation in elected and national executive positions
in male-dominated unions. However, the Secretary of the New Zealand Council of Trade
Unions is a woman. Some unions have also joined an international campaign to encourage
women to join the trade union movement through recruitment by existing members.
Non-government organisations (NGOs)
The Directory of Women’s Organisations and Groups in New Zealand, published by
the Ministry of Women’s Affairs since 1994, lists 95 national women’s
organisations, 39 Mäori women’s organisations, and hundreds of regional women’s
groups.
A number of government departments and ministries regularly consult with NGOs to ensure that their views are incorporated into the advice provided to ministers. Organisations such as the National Council of Women make regular submissions to parliamentary select committees considering legislation. The Ministry of Women’s Affairs regularly consults with women’s organisations on general issues and also on policy issues where non-governmental organisations have specialist knowledge. NGO representatives also meet regularly with ministers.
Beijing Conference 1995
The fourth World Conference on Women provided a focus for NGOs during the reporting
period. An NGO Coordinating Committee was formed to liaise with government and to seek
funding and sponsorship prior to the conference. This committee produced a display at the
NGO Forum (Forum ’95) and an information booklet which was widely circulated. After
the conference the committee held 21 consultative meetings throughout New Zealand to
inform women about the outcomes of the conference and to identify priority areas for
action in New Zealand. A report on these meetings was prepared and distributed widely.
Individual NGOs also discussed the Platform for Action.
Publications referred to
The Beijing Declaration and the Platform for Action: Fourth World Conference on Women, Beijing, China, 4-15 September 1995 1996, New York, United Nations Department of Public Information. Referred to in this text as Platform for Action.
Directory of Women’s Organisations and Groups in New Zealand = Te Rärangi Ingoa o ngä Röpü Wähine kei Aotearoa nei 1994-,Wellington, Ministry of Women’s Affairs.
Electoral Act 1993, Wellington, NZ Government. (Statutes of New Zealand. Public Acts, 1993 no.87; RS 35)
Gatfield, Gill 1996, Without Prejudice: Women in the Law, Wellington, Brookers.
Government Response to the Report of the Electoral Commission on Parliamentary Petitions 1993/185, 1993/187 of Marilyn Waring, Jocelyn Fish, Georgina Kirby and Others presented to the House of Representatives in accordance with Standing Order 249.
Human Rights in New Zealand: New Zealand’s Third Report to the United Nations Human Rights Committee on Implementation of the International Covenant on Civil and Political Rights 1995, Wellington, Ministry of Foreign Affairs and Trade.
Moving Mountains: The Progress of Women in New Zealand Unions 1997 1997, Wellington, New Zealand Council of Trade Unions.
Rivers, Mary-Jane 1997, Change and diversity: Opportunities for and Constraints on Rural Women in New Zealand, Wellington, MAF Policy. (MAF Policy technical paper, 97/11)
["Te Tiriti o Waitangi" = "The Treaty of Waitangi"] 1840. Original signed manuscript held National Archives of New Zealand. Text also in contemporary printed versions and later facsimile editions, notably Fac-similes of the Declaration of Independence and the Treaty of Waitangi (Wellington, Government Printer, 1877).
States Parties shall take all appropriate measures to ensure women, on equal terms with men and without any discrimination, the opportunity to represent their governments at the international level and to participate in the work of international organisations.
During the period since the last report the percentage of staff of the Ministry of Foreign Affairs and Trade who are women has remained relatively static, although the percentage of women in policy positions has increased by approximately 7 percent. Significant increases include the proportion of women at the highest policy level (ER 5) which has increased by 100 percent (18 percent women in 1997 compared to 8.9 percent in 1991) and at the lowest policy level (ER 2) which increased by 11.5 percent (51 percent in 1997, compared to 39.5 percent in 1991).
The number of women holding important overseas posts has increased in the period under review. At the beginning of 1998, 9 out of 50 head of mission positions were held by women, including posts such as Mexico, Rome, Buenos Aires and Vienna. There were also 17 female deputy heads of mission. The Ministry also appointed its first female deputy secretary in 1997.
As at June 1997 the Ministry of Foreign Affairs and Trade had 30 women staff who identified as Mäori.
In 1993 the Ministry completed a research project on recruitment, retention and attrition of women staff members from 1973-1993. The Ministry has since introduced new policies to assist in retaining women staff members, including childcare reimbursement, flexible working hours and employing a family liaison coordinator. The Ministry currently provides career development courses for its women officers and supports women staff through its mentoring scheme. The Women’s Staff Network has the opportunity to contribute to the Ministry’s Equal Employment Opportunity (EEO) strategic documents and plans.
Dame Silvia Cartwright continued as a member of the Committee on the Elimination of Discrimination Against Women, and Alison Roxburgh is one of the vice-presidents of the International Council of Women. A number of other New Zealand women have played an active role in international non-governmental organisations during the reporting period.
Women have also taken leading roles in New Zealand delegations to major UN Conferences on human rights at both ministerial and officials levels. New Zealand was represented by women ministers at the World Conference on Human Rights (Vienna, 1993), the International Conference on Population and Development (Cairo, 1994) and the Beijing World Conference on Women (1995). With the exception of the International Conference on Population and Development, women also led the delegations of officials to those conferences, and also to the UN World Summit for Social Development (Copenhagen, 1995) and the Habitat II Conference (Istanbul, 1996).
Fourth World Conference on Women, Beijing, 1995
The New Zealand delegation was led by the Minister of Women’s Affairs, Hon Jenny
Shipley, and the Chief Executive of the Ministry of Women’s Affairs. Members of the
delegation included two Members of Parliament, the Chief Human Rights Commissioner, and
departmental officials from the Ministries of Women’s Affairs and Foreign Affairs and
Trade, and Statistics New Zealand. Three non-government organisation representatives were
also members of the delegation and New Zealand women also participated in the conferences
as members of accredited NGOs.
About 80 New Zealand women participated in the NGO Forum (Forum ’95). The NGO Coordinating Committee mounted a display, which showed how a number of key issues for New Zealand women had been addressed and widely circulated an informative booklet. Eight NGO representatives received funding from the government to assist with the costs of participating in Forum ’95.
Publications referred to
NZ Ministry of Foreign Affairs and Trade 1993/94-, Corporate Plan, Wellington, The Ministry
NZ Ministry of Foreign Affairs and Trade 1993/94-, Equal Employment Opportunities Plan, Wellington, The Ministry
(1) States Parties shall grant women equal rights with men to acquire, change or retain their nationality. They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband.
(2) States Parties shall grant women equal rights with men with respect to the nationality of their children.
There has been no change since New Zealand’s second periodic report.
As reported in the second periodic report, since 1992 children under the age of 16 have been issued with their own passport, which is obtained with the written consent of one parent or guardian.
Where a parent or guardian has a well-founded fear that a child may be removed from New Zealand in breach of a right of custody or access to the child, that parent or guardian may seek an order to prevent the removal of the child from New Zealand. Where such an order is made by the court, it may be coded into the New Zealand Customs Automated Passenger Processing System to alert Customs officials if an attempt is made to remove the child from New Zealand.
States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education and in particular to ensure, on a basis of equality of men and women:
(a) the same conditions for career and vocational guidance, for access to studies and for the achievement of diplomas in educational establishments of all categories in rural as well as urban areas; this equality shall be ensured in pre-school, general, technical, professional and higher technical education, as well as in all types of vocational training;
(b) access to the same curricula, the same examinations, teaching staff with qualifications of the same standard and school premises and equipment of the same quality;
(c) the elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging co-education and other types of education which will help achieve this aim and, in particular, by the revision of textbooks and school programmes and the adaptation of teaching methods;
(d) the same opportunities to benefit from scholarships and other study grants;
(e) the same opportunities for access to programmes of continuing education, including adult and functional literacy programmes, particularly those aimed at reducing, at the earliest possible time, any gap in education existing between men and women;
(f) the reduction of female student drop-out rates and the organisation of programmes for girls and women who have left school prematurely;
(g) the same opportunities to participate actively in sports and physical education;
(h) access to specific educational information to help ensure the health and well-being of families, including information and advice on family planning.
PROGRESS
The reporting period has seen the continued implementation and refining of the administrative reforms initiated in 1989. Government expenditure on education in 1996/97 was $5021 million, which represents 16.1 percent of total government spending and 5.5 percent of Gross Domestic Product. This compares with $4539 million in 1993.
Since 1992 there has been a gradual improvement in the position of women and girls within the education system. More children are participating in some form of early childhood education, school retention rates are improving overall, and more women are participating in post-compulsory education and training. Although the Girls and Women section of the Ministry of Education policy division has been disestablished since the last report, the Ministry of Education continues to monitor educational outcomes for females.
In 1998 the Government released for public consultation Making Education Work for Mäori, an education strategy for Mäori developed by the Ministries of Education and Mäori Development. The strategy aims to encourage Mäori students to stay in education longer and to achieve higher goals.
Further information on children and education is contained in New Zealand’s initial report to the United Nations on the Convention of the Rights of the Child (CRC/G/28/Add.3).
Early childhood education
From 1992 to 1997 participation of children under five in early childhood education
programmes has increased from 46 percent to 56 percent. Much of this increase has occurred
at age two (from 38 percent to 50 percent) and at age three (from 73 percent to 86
percent). In 1997, 96 percent of all four-year-olds were in some form of early childhood
care and education. Women’s increasing participation in the work force, better
understanding of the value of early childhood education, and the availability of a wider
range of services, contributed to the steady climb in enrolments. Girls and boys are
evenly represented across the range of early childhood services, with 83,187 boys and
77,104 girls enrolled at July 1996.
Mäori participation in early childhood education has continued to grow with kohanga reo (Mäori language nests) making the greatest contribution to Mäori early childhood enrolments. In 1997 there were 707 kohanga reo. Mäori pre-school enrolments grew by 25 percent between 1992 and 1996 compared with a growth rate of 17 percent for non-Mäori. Forty-two percent of Mäori children under five were in some form of early childhood education compared with 61 percent of non-Mäori at July 1996.
At July 1997, there were 486 state-supported community-based playgroups. A fee subsidy is provided by the Government to help low income families pay for good quality pre-school education. Since 1994 the subsidy has been for up to nine hours per week for those parents not studying or working.
In 1996/97 the Early Childhood Development Unit (ECDU) funded 220 Pacific language groups, which offer educational programmes based on the values and languages of Pacific cultures. Pacific early childhood enrolments increased by 22.7 percent between 1992 and 1996. ECDU is contracted to the Ministry of Education to provide information and advice to Pacific language groups seeking licensed and chartered status. To date the Ministry of Education has licensed and chartered 37 Pacific Centres and plans to license 60 more over the next three years. The ECDU and non-government organisations – the Pacific Islands Early Childhood Council Aotearoa and Kautaha Aoga Niue - are working with the Ministry of Education on this project. Pacific women play an important role in Pacific early childhood centres and over 90 percent of Pacific early childhood trainees are women.
Large numbers of caregivers, mainly mothers, are involved in the early childhood sector on a voluntary basis. Regulations require parents to be informed about their children’s learning, and many early childhood services, particularly the playcentre movement, offer programmes of training for parents in pre-school education. Parents can also gain valuable experience from their involvement in management committees and membership of the various early childhood groups.
A government-funded programme, Parents as First Teachers (PAFT), was launched in 1992. This is a home- based programme for parents of children up to age three. It aims to increase parents’ confidence, thus enabling them to participate more effectively in the development and education of their children. In June 1996 educators were visiting some 6,000 families nationwide.
The Education Review Office regularly evaluates and publicly reports on the performance of early childhood centres. Reports note any evidence of gender bias in programmes or practices. Early childhood educators are aware of the need to provide appropriate and challenging programmes for girls and considerable improvement has been noted in the provision of gender-neutral interactions and practices.
Primary and secondary schooling
Of the total number of students (697,325) attending schools in 1996, 51 percent were male
and 49 percent female. There was a fairly even distribution of males and females across
all types of schools, with the exception of composite (area) schools which mostly serve
rural communities, where 56 percent of students in 1996 were females; the Correspondence
School (64 percent female); and special education schools (37 percent female). The
Correspondence School caters for rural students, some special needs students and some
adults seeking second-chance secondary education, as well as providing educational
programmes for students who have suspended, who are pregnant, or who need access to a
particular subject not taught in their school.
All state primary schools and most state secondary schools are co-educational. In 1996 approximately 40,000 students attended single-sex schools.
Mäori language, te reo, is integral to Mäori education as an instrument to revitalise Mäori language and to improve participation and achievement. The emphasis is now on using te reo as the language of instruction rather than focusing on it as a subject. During the reporting period there has been growth in the number of state-supported kura kaupapa Mäori (Mäori immersion schools) from 13 in 1992 to 54 in 1997. In 1996, 2.3 percent of Mäori of school age were enrolled in kura kaupapa Mäori. The number of students choosing Mäori-medium education - studying one or more subjects in Mäori - has grown from 13 percent of Mäori students in 1992 to 20 percent in 1996. It is expected that this increase will encourage Mäori participation and attainment in education.
Post-compulsory education and training
An increasing number of young people are going on to further education and training, with
more females than males participating in both full- and part-time tertiary study. In 1995,
21.7 percent of women in the 18–24 year age group were studying full-time and 6.8
percent part-time. This compares with 19.4 percent full-time and 6.6 percent part-time for
males.
New Zealand Qualifications Authority data indicated in 1997 that more women than men had registered on the National Qualifications Framework, although there was still a large imbalance in favour of men when Industry Training Organisations are included. The National Qualifications Framework is a mechanism for coordinating all qualifications from senior secondary school (years 11, 12 and 13) through degree and postgraduate levels, and includes on-the-job and vocational training. The Framework facilitates continuous training and retraining by allowing skills to be formally recognised no matter where or how they are learned. The flexibility of the Framework may be of benefit to women since it offers a variety of entry points to professional and technical qualifications.
Financial assistance for tertiary students
The cost of tertiary education is subsidised by the Government. In addition, full-time
students from lower income families are entitled to student allowances. In 1992 a tertiary
loan scheme was established to provide loans to students to cover fees, course related
costs and to assist with living expenses. Uptake of both forms of assistance is higher for
Mäori than non-Mäori students.
As women are more likely to be in lower paid jobs than men, women may take longer than men to repay loans. This may create a disincentive for some women to enter tertiary education. The requirements for repayment of loans have been set to apply only where there is a certain minimum level of income. The interest rate is also lower if borrowers are not earning.
| Female | Male | |
|---|---|---|
| Doctorate | 82 | 201 |
| Masters/Honours | 1498 | 1673 |
| All University Programmes | 11,118 | 10,055 |
Proportion of Mäori in tertiary education
In the past five years the number of Mäori in tertiary education has more than doubled.
In 1996 Mäori students were 11.9 percent of tertiary enrolments compared with 7.9 percent
in 1991. The largest increase in Mäori students is in the polytechnic sector. A 1995
analysis by gender of Mäori students in tertiary education showed that women outnumbered
men in every category.
Industry training
Since 1992 the number of industry trainees has increased from 16,711 at 30 June 1992 to
36,808 at 30 September 1997. Systematic training is being developed in a number of
industries which previously had none.
In 1992, 12 percent of apprenticeships were held by women, increasing to 16 percent in 1997. While hairdressing continues to attract the largest number of female trainees (1,339 trainees out of the total 5,932 female trainees), there are a number of other industries where women make up a substantial proportion of the trainees, including ambulance, apparel and textile, building services, equine, fishing, horticulture, hotel and catering, sport, fitness and recreation.
Industry Training Organisations are required to have plans to increase the participation of groups under- represented in their industry. A project is underway to explore ways of encouraging female participation in the electrotechnology and seafood industries. This project will identify strategies which can be applied by other industries.
Training Opportunities Programme
The Training Opportunities Programme (TOP), which is managed by the Education and Training
Support Agency, was introduced in January 1993 to provide training for school leavers and
long-term unemployed people with low qualifications. The design and delivery of the
training is required to meet the needs of Mäori, who made up 22 percent of trainees in
1997, and Pacific learners who comprised 4 percent of trainees in 1997.
In 1996 eligibility for TOP was expanded to include people who had been on the Domestic Purposes or Widows’ benefits for a year or more. This made the training available to more women, who now comprise 49 percent of trainees, exceeding the participation target of at least 45 percent women.
Twenty-two percent of female and 25 percent of males from TOP gained full-time or part-time work within two months of leaving the programme, and 10 percent of females and 9 percent of males went on to further training.
Skill enhancement
The Skill Enhancement programme provides training for Mäori and Pacific trainees aged
from 16 to 21. In 1997 there were 629 trainees, 38 percent of whom were women. Results for
1996 show that (of known results) 74 percent of female and 75 percent of male learners
progressed to further training or employment following their Skill Enhancement training.
A programme of curriculum reform in schools is currently underway. The New Zealand Curriculum Framework and national curriculum statements will provide the basis for programmes in schools. The Framework sets out the broad elements fundamental to learning and teaching in New Zealand, with a strong emphasis on equity, inclusiveness and the fostering of success and achievement for all students. Programmes will be gender-inclusive, non-racist and non-discriminatory.
Learning Media Ltd, a company which publishes readers and reference material to support the curriculum under contract to the Ministry of Education, is required to provide material that promotes a positive self- image for girls and women. The publications present strong female models engaged in challenging and interesting activities.
In the early childhood sector, a new voluntary curriculum, Te Whäriki, was introduced in 1995 after extensive consultation. The curriculum, followed by most providers, covers the range of desired learning for young children and emphasises a gender-inclusive curriculum with appropriate resources, equipment, programmes and role models.
Career guidance
All secondary schools must provide career advice for students. Careers teachers are
trained to ensure that girls and boys are presented with all possible job and training
options.
Studies conducted over the last few years show some differences in achievement and attitude between boys and girls in some subjects, especially at secondary level.
The National Education Monitoring project assesses the performance of primary school children in year 4 (ages 8-9) and year 8 (ages 12-13). During 1995, 1,440 year 4 children and 1,440 year 8 children (3 percent of the primary school population) were tested on a variety of activities in science, art, and the use of graphs, tables and maps.
The National Education Monitoring project found that girls performed better than boys in art and showed more enjoyment of art both in and out of school. In the use of graphs, tables and maps, girls did better than boys in activities where interpretation of the data was required. While girls do better in some music tasks and have greater enjoyment of reading and speaking activities than boys, they have a less positive attitude to technology and do slightly less well in some technology tasks. The results in science show statistically significant differences, with boys performing better than girls in 10 of the 33 individual tasks. The results suggest that girls are falling behind boys in science learning over the later years of their primary education.
In other curriculum areas in the primary sector it is reported that girls do better than boys in written language, handwriting and spelling. In physical education boys excel in gross motor activities and girls in activities requiring fine motor control.
The Third International Mathematics and Science Study conducted by the International Education Association indicates that New Zealand children are around the average of participating countries in mathematics and science. Differences between the achievement of boys and girls in science were negligible at the middle primary school level, but increased markedly in favour of boys from the start of secondary schooling (year 9). In mathematics girls outperformed boys in some tasks at standard 2 and 3 levels, but performance relative to boys declined from form 2 (year 8) to form 3 (year 9) in some items, with girls becoming less positive about mathematics at that age. Mäori and Pacific students scored lower. In science and mathematics Mäori girls outperformed Mäori boys in the middle primary school, but by year 8 there was little difference in achievement.
The new curriculum statements in mathematics and science reassert the importance of achievement in fundamental skills and knowledge as well as the relevance of science and mathematics to real life problems as a way of promoting positive attitudes to these studies.
Examinations and qualifications
More females than males leave the schooling system with a high academic qualification. In
1996, 16,881 females (67 percent) left school with sixth form certificate or better,
compared with 15,413 males (59 percent). Twenty of the 36 top scholars recognised by the
New Zealand Qualifications Authority in 1997 were female.
Females were more likely than males to gain an A or B grade in School Certificate in 1996, with the most significant difference in English. In University Bursary and Entrance Scholarship examinations in 1996, slightly more females than males gained a B grade or higher. However, Mäori and Pacific secondary students, including girls, did less well in secondary school examinations than other ethnic groups.
Mäori girls are getting better grades and higher qualifications as 16 and 17 year olds than their male counterparts, but take subjects such as typing which limit their opportunities in the labour market. Thirty-nine percent of Mäori left school without qualifications in 1996 compared with 15 percent of non-Mäori school leavers. Four percent of Mäori gained University Bursary compared with 24 percent of non-Mäori.
In 1996 both female and male students selected english, mathematics, science and geography as the most popular subjects to sit for School Certificate (year 11). Workshop technology was the next choice for boys, but this subject did not feature at all for girls.
Sixth Form Certificate choices were again english and mathematics for both boys and girls, followed by physics and biology for boys, and biology and chemistry for girls. In University Entrance and Scholarship examinations, statistics, english, calculus and physics were the most popular subjects with boys, while english, statistics, biology and calculus were most popular with girls. History and art are more popular with girls than boys at senior level. There continue to be more males than females in senior mathematics and science classes, and males are slightly more likely to do well in mathematics.
In 1995 there were 8,804 female staff and 106 male staff in the early childhood education sector compared to 7,321 and 162 respectively in 1992. Kindergarten teachers, of whom there are 1,743, became employees of individual kindergarten associations in 1997. Although the equal employment opportunity provisions of the State Sector Act no longer apply to these teachers, the Human Rights Act, Bill of Rights Act, and Employment Contracts Act continue to apply.
At primary and secondary school level, the proportion of male teachers is also declining, from 36 percent of full-time teacher equivalents in 1992 to 31 percent in 1997.
| 1992 | ||
|---|---|---|
| Schools | Female | Male |
| Primary | 17,460 | 4,953 |
| Secondary | 8,445 | 8,104 |
| Composite | 492 | 327 |
| Special | 555 | 98 |
| Correspondence | 328 | 108 |
| 1996 | ||
| Schools | Female | Male |
| Primary | 17,474 | 4,576 |
| Secondary | 8,445 | 7,396 |
| Composite | 638 | 357 |
| Special | 528 | 94 |
| Correspondence | 351 | 112 |
The Ministry of Education reports (Women in the Teaching Service 1996) that there has been little movement towards gender equity in the teaching service in the past three years. In 1996 fewer women than men held senior positions, particularly at primary school level. Furthermore, women received, on average, lower salaries than their male colleagues in equivalent positions or with the same qualifications. Although 76 percent of primary school teachers were women, only 32 percent of principals were female. In the secondary service 47 percent of teachers were women, but only 25 percent of principals were female. Sixty-one percent of women secondary school principals were at state and state-integrated girls’ schools, 13 percent were at co-educational schools, while two state boys’ schools had women principals.
In the tertiary sector 67 percent of teachers in colleges of education were women, 50 percent in polytechnics and 31 percent at universities. Women were under-represented in senior positions in the tertiary sector. In 1995 none of the chief executive-level positions at universities or colleges of education was held by a woman, and less than a fifth of the chief executives of polytechnics were female.
Schools in New Zealand are governed by boards of trustees made up of parents and community representatives. As at March 1996, 49.7 percent of trustees were women. Six percent fewer women than men were elected as trustees, but co-option of further members has redressed the balance. The New Zealand Council for Educational Research reported in 1997 that gender continues to be associated with differences in the roles played by individual trustees on their boards.
As part of the "good employer" obligation under the State Sector Act, boards of trustees are required to report annually to the Education Review Office outlining their school’s equal employment opportunities policies and programmes. The Chief Review Officer’s 1995/96 annual report to Parliament stated that only 55 percent of all boards had provided EEO reports within the time required, with very few considered to be excellent examples, and 34 percent failing to meet the legislative requirements.
The numbers of adults returning to school has decreased in the last five years, but second-chance education remains more popular with women than men. In 1996 the Ministry of Education reported that 8,640 adult students (over the age of 19 years) were attending secondary schools. Of these, 6,111 (71 percent) were women.
Community education programmes based in schools, polytechnics and polytechnic outposts also provide educational opportunities for adults. These are based in local communities and offer courses outside normal working hours. Seventy-four percent of participants in 1996 were women.
Many private training establishments are in rural or provincial towns, which do not have other tertiary institutions. This has opened up educational opportunities for rural women.
Girls and boys are staying longer at secondary school. The overall retention rate for girls has improved since the last report and girls stay on at school slightly longer than boys on average. However, fewer Mäori females and males stay on than non-Mäori, though Mäori women are more likely to be at school at ages 16 and 17 than Mäori men. Pacific students’ retention rates are similar to those of non-Mäori.
| Mäori | |||
|---|---|---|---|
| Year | Age | % Female | % Male |
| 1995 | 16 years | 72 | 67 |
| 17 years | 43 | 42 | |
| 1996 | 16 years | 67 | 64 |
| 17 years | 41 | 38 | |
| 1997 | 16 years | 68 | 61 |
| 17 years | 40 | 38 | |
| All | |||
| Year | Age | % Female | % Male |
| 1995 | 16 years | 85 | 81 |
| 17 years | 61 | 56 | |
| 1996 | 16 years | 86 | 82 |
| 17 years | 61 | 57 | |
| 1997 | 16 years | 87 | 81 |
| 17 years | 63 | 58 | |
As reported previously there is a strong emphasis in the New Zealand education system on the delivery of a comprehensive health programme. A new health and physical education draft curriculum statement has been published for trialling and consultation. All learning in this area must be appropriate and not limited by gender stere