39. Liberty of movement is an indispensable
condition for the free development of a
person.29 Once a foreign national is lawfully
within a country, his or her freedom of
movement within the country and his or
her right to leave the country can only be
restricted to protect national security, public
order, public health or the rights or freedom
of others.30
Right to privacy and family
40. Article 17 of the ICCPR provides for the right
of every person to be protected against
arbitrary or unlawful interference with his
privacy, family, home or correspondence
as well as against unlawful attacks on his
honour and reputation.
41. This right is given effect domestically through
the Privacy Act 2020.
42. The UN Human Rights Committee has noted
that this right is required to be guaranteed
against all such interferences and attacks
whether they emanate from State authorities
or from natural or legal persons. The
obligations imposed by this article require
the State to adopt legislative and other
measures to give effect to the prohibition
against such interferences and attacks as
well as to the protection of this right.31
Right to an adequate standard of living
43. The right to an adequate standard of living is
guaranteed under Article 11.1 of the ICESCR.
It includes adequate food, clothing and
housing, and the continuous improvement of
living conditions. With regard to housing, the
Human Rights Commission has published
guidelines on the right to a decent home
in Aotearoa.32 The guidelines clarify the
government’s international obligations
on the right to housing, including a right
to a warm, dry, safe, secure, affordable,
accessible, and decent home.33 Like all
human rights, the right to decent housing
is a right that applies to everyone in New
Zealand, including migrant workers.
Right to culture
44. Article 27 of the ICCPR protects the rights
of minorities to enjoy their own culture and
article 15 of the ICESCR guarantees a right
for everyone to take part in cultural life.
The right has been described by the UN
Committee on ICESCR as essential to human
dignity.34
45. Article 20 of NZBORA protects the rights
of minorities, which includes the right of
minority groups to enjoy their culture.
Right to freedom of association
46. As a member of the ILO, New Zealand is
required to promote freedom of association,
which includes the right to join trade unions.
This is reflected in section 17 of the NZBORA
which protects the right to freedom of
association, including the right to join trade
unions. ILO Convention 87 on Freedom
of Association and Protection of the Right
to Organise Convention sets out what is
required for governments to ensure the right
to join a trade union is recognised.35
29
UN Human Rights Committee, General Comment no. 27: (Article 12 (Freedom of Movement) at para 1.
30
ICCPR art 12.3; NZBORA s 18(4).
31
UN Human Rights Committee, General Comment No. 16: Article 17 (Right to Privacy).
32
New Zealand Human Rights Commission, Aratohu tika tangata ki te whai whare rawaka i Aotearoa, Framework Guidelines
on the right to a decent home in Aotearoa (August 2021) https://communityhousing.org.nz/wp-content/uploads/2021/09/
Framework_Guidelines_on_the_Right_to_a_Decent_Home_in_Aotearoa_FINAL.pdf.
33
At p 11.
34
UN Committee on Economic, Social and Cultural Rights (CESCR), General comment no. 21, Right of everyone to take part in cultural
life (art. 15, para. 1a of the Covenant on Economic, Social and Cultural Rights) at para 1.
35
New Zealand has not ratified ILO Convention 87, but it is considered bound in any event, based on the enactment of the
Employment Relations Act 2000. See P Rishworth et al The New Zealand Bill of Rights (Oxford University Press, Melbourne, 2033)
at 354).
11