General policy statement

The purpose of this Bill is to uphold students’ rights to freedom of association, by ensuring that no student is compelled to join a students' association.

Section 17 of the New Zealand Bill of Rights Act 1990 guarantees the right to freedom of association. This right includes the freedom from compelled association. Parliament has an obligation to ensure New Zealand legislation is consistent with the New Zealand Bill of Rights Act 1990 and New Zealand’s obligations under the International Covenant on Civil and Political Rights, and the Universal Declaration of Human Rights.

This Bill does not seek to damage or limit students’ associations, but guarantees the right of students to the freedom of association. It will result in students’ associations being truly representative of the students who voluntarily join them.

Under this Bill, all students would be able to choose whether or not to join a students' association. The current Act requires councils to conduct a referendum to decide whether all students should be forced to become members of an association, if petitioned by 10% of the students enrolled at the institution. If a majority of voters in a referendum support compulsory membership, then the right to freedom of association for all the remaining students is breached.

This Bill seeks to address the negative consequences stemming from the passing of the Education Amendment Act 2000 and the referenda provisions of the Education (Tertiary Students Association Voluntary Membership) Amendment Act 1997. The current legislation fails to guarantee individual students a satisfactory opportunity to withdraw from associations, and sets the bar too high for those who wish to make membership of a students association voluntary.

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 provides that the Bill comes into force one year after the date on which it receives the Royal assent.

Clause 3 provides that the Bill amends the Education Act 1989.

Clause 4 sets out the purposes of the Bill.

Clause 5 provides that the Bill binds the Crown.

Clause 6 inserts a new section that prevents any person from requiring a student to join, or not join a students' association, or pay money to a students' association. It also prevents any person from exerting undue influence on a student to join, not join, or pay money to a students' association.

Clause 7 removes any requirement for a student to join a students' association.