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Economic, social and cultural rights
See generally: Economic, social and cultural rights

On the 28th December 1978 New Zealand ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR). Other international treaties which contain provisions concerning economic, social and cultural rights (ESCR) have also been ratified by New Zealand, such as the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Convention on the Rights of the Child (CRC) and the Convention on the Rights of Persons with Disabilities. However, ESCR are not specifically protected by New Zealand's human rights focused statutes, the New Zealand Bill of Rights Act 1990 or the Human Rights Act 1993. The New Zealand Bill of Rights Act 1990 is predominantly concerned with the protection of civil and political rights. Including ESCR in the New Zealand Bill of Rights Act 1990 was suggested by the parliamentary Justice and Law Reform Select Committee in 1988, but was rejected by the Government. Currently, ESCR are not considered justiciable in New Zealand because they affect policy and resource allocation considerations, matters for the New Zealand Government and Parliament to decide. Elements of various ESCR are protected by domestic legislation though. New Zealand has not ratified the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.

The right to an adequate standard of living
See generally: Right to an adequate standard of living

The right to an adequate standard of living comprises other ESCR, such as the rights to food, water and housing.

Food
See generally: Right to food

Though New Zealand does not face the levels of poverty exhibited in developing countries, it is generally recognised that relative poverty does exist in New Zealand. Relative poverty occurs when members of a society fall below the living standards which prevail in the society in which they live. For example, in 2013 260,000 dependent children, aged from 0 to 17 years, lived in relative poverty. The realisation of the right to food has been aided by New Zealand charities. In the year 2013-2014, The Salvation Army provided 27,879 families with food parcels. KidsCan currently provides meals for 15,065 children per week. A Bill was introduced into the New Zealand Parliament in November 2012 to amend the Education Act 1989 to enable State-funded breakfast and lunch meals to be provided to students attending decile 1 and 2 schools, but it did not proceed beyond its first reading in March 2015.

Water
See also: Water in New Zealand

Advocacy concerning the right to water in New Zealand is centred upon the privitisation of the supply of water to households and opposing a 'user pay' approach to water consumption. Local government organisations that provide water services to communities are required to maintain their capacity to meet obligations such as retaining ownership and control of water services in their district/region. A local government organisation is allowed to enter into contracts concerning any aspect of providing water services, but they will remain legally responsible to provide such services and develop policy on the matter. In January 2015 the New Zealand Māori Council proposed the allocation of water rights be administered through a national water policy and an associated commission. . The Council's co-chair, Sir Eddie Durie, stated Māori have a 'senior right' to water in New Zealand, but their rights should not override what is good for the general public. The Human Rights Commission stated in 2012 there was increasing concern in New Zealand over the quality of drinking water, the affects of the agricultural industries' consumption of water, Treaty of Waitangi considerations regarding rights to and ownership of water, and access to water.

Housing
See generally: Right to housing

Discrimination in housing is contrary to the New Zealand Bill of Rights Act 1990, the Human Rights Act 1993 and the Residential Tenancies Act 1986. Housing affordability in regards to both the rental market and the property market is a social issue in New Zealand which has made access to housing difficult for even middle class families In Lawson v Housing New Zealand, the applicant challenged the increase in rent to market levels for state housing provided by Housing New Zealand, (a state-owned enterprise), because it had adverse affects on the living standards of existing state housing tenants. Because the right to housing is not specifically incorporated into domestic legislation the Court rejected considering whether the Government had met its international obligations concerning this right, and said it was instead a matter on which international forums could judge the Government. In 2013, the Ministry of Business, Innovation and Employment stated in Christchurch, due to the loss of housing in the 2010 and 2011 Canterbury earthquakes, there was a shortfall of 7,100 homes. The Human Rights Commission stated in December 2013 that there was a shortage of rental, temporary and emergency accommodation in Christchurch. The Auckland Housing Accord is currently being implemented by the Auckland Council and central Government in order to hasten and increase the number of affordable houses built in Auckland, to combat the housing crisis affecting the city.

The right to health
See generally: Right to health

There is no explicit right to health in New Zealand. However, there is a statutory framework which has been implemented over several decades which provides for the administration of health care and services. This framework includes the New Zealand Public Health and Disability Act 2000, the Health and Disability Services (Safety) Act 2001, the Health Practitioners Competence Assurance Act 2003 and the Heath Act 1956. The Accident Compensation Act 2001 also provides no-fault insurance cover for personal injuries, administered by the Accident Compensation Corporation. The New Zealand Bill of Rights Act 1990 also protects the right to health through the right not to be subjected to medical or scientific experimentation, the right to refuse medical treatment and the right to freedom from discrimination. A publicly funded health system exists in New Zealand. District Health Boards decide what health services are to be funded in their region, based on national objectives and the specific needs of their locality, but this process has been criticised by commentators who claim it is not open and objective. The limited resources of the system were highlighted in Shortland v Northland Health Ltd, where a decision by medical professionals to discontinue a patient's dialysis treatment for resource allocation reasons was upheld, even though continued treatment would have saved the patients life. Poorer health outcomes for Māori and Pasikfika people continue to persist.

The right to education
See also: Education in New Zealand

The right to education is not expressly provided for in New Zealand domestic law, but the realisation of the right can be seen across various statutes, policies and administrative practices. Such statutes include the Education Act 1989, the Education Standards Act 2001 and the Private Schools Conditional Integration Act 1975. From the ages of 5 years to 18 years, a person has the right to free primary and secondary education. This right extends to people who have special educational needs. Citizens and residents of New Zealand must be enrolled at a registered school from their 6th birthday until their 16th birthday. In 2014, 95.9% of new school entrants had participated in early childhood education in the six months prior to starting primary school. 78.6% of 18 year olds in 2013 had the equivalent of an NCEA Level 2 qualification or higher. The number of Māori and Pasifika students leaving school with a National Qualifications Framework qualification has increased from 2004 levels, but the number of 18 year old Māori and Pasifika people with an NCEA Level 2 equivalent qualification or higher was less than that of European or Asian students in New Zealand. In 2008 the Secretary of the Ministry of Education acknowledged the link between economic and social factors and educational achievement, and that efforts to ensure that socio-economically disadvantaged children remained engaged in education needed to continue.

The right to work
See also: Labour rights in New Zealand

Elements of the right to work and the right to the enjoyment of just and favourable work conditions are protected by the Minimum Wage Act 1983, the Health and Safety in Employment Act 1992, the Employment Relations Act 2000 and the Holidays Act 2003. New Zealand has ratified 60 of the International Labour Organization's Conventions, with 51 in force and 9 having been denounced. Discrimination in regards to accessing employment is prohibited on the grounds of age (from 16 years), colour, disability, employment status, ethnic belief, ethnic or national origin, family status, marital status, political opinion, race, religious belief, sex (including childbirth and pregnancy) and sexual orientation. In Ministry of Health v Atkinson, the Court of Appeal held the Ministry of Health's policy that family members who provide support services for their disabled children were ineligible to be paid for such work was discriminatory on the basis of family status. However, the decision was overturned by the Public Health and Disability Amendment Act 2013. The Human Rights Commission states the country is making some progress in regards to the role of women in the workforce. Women remain underrepresented in areas of public life such as law, governance and corporate sector leadership. The gender pay gap in 2014 was 9.9 per cent. In 2013, the Employment Relations Act 2000 was amended to restrict workers' entitlements to paid breaks.

The right to social security
See also: Welfare in New Zealand

New Zealand has a history of providing various forms of social security. The system has been designed to assist people when they are, for example, ill, unemployed, injured and elderly. New Zealand's Ministry of Social Development both develops and implements social security policy. The Social Security Act 1964 provides for a three-tiered system of benefits: Those who have suffered an accidental personal injury may also be eligible for financial support under the Accident Compensation Act 2001. Discrimination in the social security system has been alleged though. In Child Poverty Action Group v Attorney-General, provisions in the Income Tax Act 2007 prohibited families who received income benefits or accident compensation from being eligible for tax credits, but such discrimination was found to be justified under section 5 of the New Zealand Bill of Rights Act 1990. Academics have stated that New Zealand takes a 'needs-based' approach to the administration of social security, as opposed to a 'rights-based' approach.
 * 1) Benefits to those in need such as the elderly, solo parents, the ill and the unemployed,
 * 2) Supplementary assistance, which recognises that some people face unavoidable expenditure, for example, in the areas of childcare and accommodation, and
 * 3) Financial assistance that provides a 'safety net', such as the Emergency Benefit.

Concluding observations of the Committee on Economic, Social and Cultural Rights 2012
See generally: Committee on Economic, Social and Cultural Rights

The Committee on Economic, Social and Cultural Rights (CESCR) is a body consisting of 18 independent experts tasked with monitoring State parties' implementation of the ICESCR. New Zealand's efforts in implementing the ICESCR were last assessed and reported on by the CESCR in May 2012. This was New Zealand's third report from the CESCR. The Committee made several recommendations to New Zealand in order for the country to increase its protection of ESCR. Such recommendations included incorporating ESCR into the New Zealand Bill of Rights Act 1990 and enhancing the enjoyment of ESCR for Māori, Pasifika and people with disabilities. Other recommendations included the rights of Māori to land, water and other such resources being legislated for, altering legislation to effectively provide for equal pay, continuing to guarantee the right to safe and affordable water, strengthening action to discourage tobacco consumption (especially among Māori and Pasifika youth) and ensuring the right to housing for all is guaranteed by policies and legislation.