Waipapa Taumata Rau, University of Auckland is a New Zealand institution where the principles of Te Tiriti o Waitangi shape our culture and are central to our mission. We are a place where iwi Māori, Pacific peoples and a diverse community of cultures, identities, ethnicities and value systems, join and contribute to who we are. This diversity is one of our greatest strengths.

The University values and protects academic freedom and institutional autonomy as fundamental to the distinct nature and character of a university.

We take our role of critic and conscience seriously and welcome and encourage dialogue and debate including on topics which may be contentious and controversial. It is inevitable that different perspectives will sometimes be in tension with each other. It is important to remember the foundation of our academic community: respect for diverse viewpoints and a commitment to civil discourse.

This policy applies to all University members.

The purpose of this policy is to affirm:

• the right to freedom of expression of staff members and students and visitors to the University which they share with all people in Aotearoa New Zealand; and
• the academic freedom of the University, academic staff members and students.

Right to freedom of expression

1. Every staff member and every student has the same right to freedom of expression on University premises or otherwise in connection with the University as any other person in Aotearoa New Zealand subject only to the constraints imposed by:

• the law;· the right and freedom of all to express themselves and to hear and receive information and opinions;
• the reasonable and proportionate regulation of conduct necessary to the discharge of the University’s teaching, learning, administration, research and study activities; and
• the reasonable and proportionate regulation of conduct to enable the University to:
  
  • fulfil its Duty regarding the wellbeing of staff and students; and 
  • give effect to its other legal duties.

Notes

• The right to freedom of expression is subject to such reasonable limits as can be justified in a free and democratic society including, for example, the laws governing employment relationships and health and safety.
• The University regulates conduct through its statutes, regulations, rules, policies, standards and procedures. Key documents that regulate conduct are listed in the “Key relevant documents” section of this policy.
• The Code of Conduct sets out the University’s expectations of the standards of behaviour of all University members. This includes acting with manaakitanga, fostering whanaungatanga, upholding kaitiakitanga and the values of respect, and integrity.

2. A staff member exercising their right to freedom of expression must ensure that they make it clear that they are not representing or speaking on behalf of the University.

3. Where a reasonable person could make a clear connection between a staff member and the University, and the staff member’s expression

• calls into question the staff member’s ability to undertake their duties, or
• causes (or has the potential to cause) serious damage to the University, the University may address any associated concerns with the staff member through employment processes and following the applicable disciplinary procedures.

Notes

• This policy applies to personal views which are expressed publicly (including via social media), or in private or informal settings.
• The Media, Public Communications and Statements Policy has more detailed requirements for staff members making public comments.
• The University acknowledges that staff members’ lawful expression may include the expression of views which are critical of the University, subject to the constraints and requirements set out above.

4. Subject to paragraphs 1 to 3, a staff member or student’s lawful expression on University premises or otherwise in connection with the University shall not:

• constitute misconduct; or
• attract a penalty or other adverse action by the University, just because of its content or the way it is expressed. However, the University may express an institutional position or view.

Academic freedom

5. Every academic staff member and every student enjoys academic freedom subject to the constraints and requirements in paragraphs 6 to 9.

6. Academic staff members and students are to exercise academic freedom:

• within the law; and
• in their own field or fields of study and research; and
• in a manner consistent with the scholarly and professional standards of the relevant fields of study and research.

Notes

• It is important that academic staff members and students accurately represent their field or fields of study and research.
• The Code of Conduct for Research (and any replacement policy) sets out the responsibilities of researchers when undertaking and supervising research and communicating research findings.

7. Academic staff members and students are to exercise academic freedom in a way that is consistent with the need for the University to maintain the highest ethical standards and to permit public scrutiny to ensure the maintenance of those standards.

Note: This obligation is from section 267(2) of the Education and Training Act 2020 (ETA).

8. The exercise of academic freedom is also subject to the constraints imposed by the University by way of its reasonable requirements to:

• regulate the subject matter of courses taught at the University;
• teach and assess students in the way that it considers best promotes learning;
• make proper use of resources; and
• give effect to its legal duties.

9. The University may take reasonable and proportionate steps to ensure that prospective students in its courses have an opportunity to:

• be informed of the content of those courses; and
• seek advice about their content.

Academic staff members:

• are to take the steps required by the University to give students these opportunities; and
• are not precluded from including content in a course solely on the grounds that it may offend or shock a student or class of students.

10. Subject to paragraphs 6 to 9, the exercise of academic freedom by an academic staff member or student shall not:

• constitute misconduct; or
• attract a penalty or other adverse action by the University.

However, the University may express an institutional position or view.

Contracts and donations

11. Paragraph 12 applies when the University is:

• entering into affiliation, collaborative or contractual arrangements with third parties; or
• accepting donations from third parties subject to conditions.

12. The University will take all reasonable steps to minimise the constraints imposed by such arrangements or conditions on the right to freedom of expression or academic freedom of academic staff members or students undertaking research or study under the arrangements or subject to the conditions.

Visitors hosted to speak at the University

13. The University has the right and the responsibility to determine the requirements and conditions upon which it may permit a visitor to speak on University premises.

Note: The Events Management Policy specifies the requirements and conditions for proposed events on University premises.

14. The University may refuse to permit a visitor or visitors to speak on University premises where the content of the speech is or is likely to:

• be unlawful;
• prejudice the fulfilment by the University of its Duty regarding the wellbeing of staff and students or its other legal duties; or
• involve the advancement of theories or propositions which fall below scholarly standards to such an extent as to be detrimental to the University’s character and its performance of the functions characteristic of a university.

Note: The characteristics of a university are in section 268(2)(d) of the ETA.

The following definitions apply to this document:

Academic freedom has the meaning in section 267(4)(a)-(d) of the ETA.

Academic staff member means those staff members employed or engaged by the University in the positions of Lecturer, Senior Lecturer, Associate Professor, Professor, Tutor, Senior Tutor, Research Fellow, Senior Research Fellow, Professional TeachingFellow, and Postdoctoral Fellow, or a similar role covered by the academic staff terms and conditions of employment.

Duty regarding the wellbeing of staff and students means any legal duty that the University has regarding the wellbeing of its staff members and students in connection with University activities which includes the duty to:

• ensure that no staff member or student is subject to unlawful discrimination;
• ensure, so far as is reasonably practicable, that no staff member or student is subject to threatening or intimidating behaviour by another person on account of anything they have said in exercising their right to freedom of expression; and
• support reasonable and proportionate measures to prevent a person from using lawful speech which is intended to abuse, humiliate, or intimidate staff members or students and which a reasonable person would regard, in the circumstances, as likely to have one or more of those effects.

To avoid doubt, this does not extend to a duty to protect any person from feeling offended or shocked or insulted by the lawful speech of another.

ETA means the Education and Training Act 2020.

Right to freedom of expression has the meaning in section 14 of the New Zealand Bill of Rights Act 1990.

Rule means any written direction or requirement made by the Council, Senate, any of their Committees, or any authorised person of which notice has been given by publication in the University Calendar, University Policy Hub, or by other means.

Speech extends to all forms of expressive conduct including oral speech and written, artistic, musical, and performing works and activity; and the word speak has a corresponding meaning.

Staff member means an individual employed by the University on a full time or part time basis. This includes permanent, fixed-term or casual staff members.

Student means a student enrolled in a course of study at the University.

Tangata whenua means ‘people of the land’, the Indigenous people of Aotearoa New Zealand.

University means Waipapa Taumata Rau| University of Auckland and includes all subsidiaries.

University member includes all members of Council, committee members, staff members, honorary and adjunct appointees, committee appointees, students, contractors, subcontractors, and the board and staff members of Auckland UniServices Limited.

University premises includes campuses, facilities, vehicles or buildings owned, leased, licensed, occupied or used by the University.

Visitor means a person who is not a University member who is invited to speak or is hosted to speak on University premises. Each visitor is hosted by an External Event Sponsor.

Include the following:

• Events Management Policy
• More to be added

Owner: Vice-Chancellor
Content manager: Registrar
Approved by: Council
Date approved: tba
Review date: tba