Waipapa Taumata Rau | University of Auckland (University) values and protects academic freedom and institutional autonomy as fundamental to the distinct nature and character of a university.

Waipapa Taumata Rau | University of Auckland is a New Zealand institution which acknowledges the principles of Te Tiriti o Waitangi.

The University is 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.

The University takes its role of critic and conscience of society seriously and welcomes and encourages 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 community: respect for diverse viewpoints and a commitment to civil discourse.

This policy applies to all staff members and students.

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 exercised on University premises or 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:

- Expression “in connection with the University” includes, but is not limited to, expression in or using IT resources or other online or virtual environments created, owned and/or operated by the University.
- The “duty regarding the wellbeing of staff and students” is defined in the Definitions section.
- 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. Key legislation that contains provisions limiting expression are listed in the Key relevant documents section.
- 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.
- The Code of Conduct sets out the University’s expectations of the standards of behaviour of University members. This includes acting with manaakitanga, fostering whanaungatanga, and upholding kaitiakitanga.
- The University acknowledges that the right to freedom of expression may include the expression of personal views which are critical of the University (subject to items 1 to 4). 

2. A staff member exercising their right to freedom of expression in a public setting must ensure that they make it clear that they are not representing or speaking on behalf of the University but are expressing their personal views.

Note - The Media, Public Communication and Statements Policy has more detailed requirements for staff members making public comments.

3. Subject to items 1 and 2, 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 against the staff member or student,

just because of its content or the way it is expressed, except where item 4 applies.

4. Where a clear connection can reasonably be made between a staff member and the University, and the staff member’s expression either:

• calls into question the staff member’s ability to undertake their duties; or
• causes (or has the potential to cause) serious damage, including reputational damage, to the University, 

the University may address any associated concerns with the staff member through employment processes and by following applicable disciplinary procedures.

Note - A staff member’s expression in public and private settings (including, for example, expression via private social media accounts) may, in the circumstances described in item 4, give rise to concerns which the University may address through employment processes and by following applicable disciplinary procedures.

Academic freedom

5. Every academic staff member and every student enjoys academic freedom. The exercise of academic freedom by an academic staff member or student in accordance with item 6 shall not:

• constitute misconduct; or
• attract a penalty or other adverse action by the University against the academic staff member or student.

Notes:
- Academic freedom is defined in section 267(4) of the Education and Training Act 2020 (ETA). This definition is set out in the Definitions section.
- The University acknowledges that the academic freedom of academic staff members includes the freedom to criticise the University (subject to item 6).

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

• within the law; and
• in their area or areas of academic expertise; and
• in a way consistent with the highest ethical standards; and
• in a way consistent with relevant academic and professional standards; and
• subject to the University’s reasonable requirements to:

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

Notes:
- When exercising academic freedom, it is important that academic staff members and students accurately represent what their area or areas of academic expertise are.
- The requirement to exercise academic freedom in a way consistent with the highest ethical standards comes from the requirement in section 267(2)(a) of the ETA and will include acting with honesty, truthfulness, and integrity.
- The Research Code of Conduct (and any replacement policy) sets out the responsibilities of researchers when undertaking and supervising research and communicating research findings.

7. Subject to item 6, academic staff members are free to regulate the subject matter of their courses and to teach and assess students in the way that they consider best promotes learning. To avoid doubt, academic staff members are not prevented from including content in a course solely on the grounds that it may distress, offend, shock or insult a student or class of students. However, 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.

Note - The University’s reasonable requirements may include, for example, programme approval and course information procedures, and teaching and assessment policies and procedures.

8. Subject to item 6, academic staff members are free to enter into public debate and dialogue on matters relevant to their academic expertise, and to be identified as academic staff members of the University when doing so, provided that they make it clear that they are not representing or speaking on behalf of the University but are expressing their academic views.

Note - The Media, Public Communication and Statements Policy has more detailed requirements for academic staff members exercising their academic freedom to make public comments.

Contracts and donations

9. Item 10 applies when the University is:

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

10. 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

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

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

12. 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
• 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) of the ETA which reads as follows:
In this section, academic freedom, in relation to an institution, means—
(a) the freedom of academic staff and students, within the law, to question and test received wisdom, to put forward new ideas, and to state controversial or unpopular opinions:
(b) the freedom of academic staff and students to engage in research:
(c) the freedom of the institution and its staff to regulate the subject matter of courses taught at the institution:
(d) the freedom of the institution and its staff to teach and assess students in the manner that they consider best promotes learning:
(e) the freedom of the institution through its chief executive to appoint its own staff.

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 Teaching Fellow, 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 that abuses, humiliates, intimidates, or incites prejudice against 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 distressed, offended, shocked or insulted by the lawful speech of another.

ETA means the Education and Training Act 2020.

IT resources means any University owned and/or operated hardware or software and the data that is used or stored on it.

Kaitiakitanga means valuing stewardship and guardianship and our relationship with the natural world.

Manaakitanga means showing respect, generosity and care for others.

Right to freedom of expression has the meaning in section 14 of the New Zealand Bill of Rights Act 1990 which reads as follows:

Everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form.

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 and adjunct appointees.

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

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

University member includes all members of Council, committee members, staff members, honorary 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.

Whanaungatanga means recognising the importance of kinship and lasting relationships.

Include the following:

• Education and Training Act 2020
• NZ Bill of Rights Act 1990
• Health and Safety at Work Act 2015
• Employment Relations Act 2000
• Human Rights Act 1993
• Harassment Act 1997
• Harmful Digital Communications Act 2015
• Defamation Act 1992
• Films, Videos and Publications Classification Act 1993
• Summary Offences Act 1981
• Education (Pastoral Care of Tertiary and International Learners) Code of Practice 2021
• Addressing Bullying, Harassment and Discrimination Policy and Procedures
• Addressing Bullying, Harassment and Discrimination Guidelines
• Campus Rules
• Events Management Policy
• IT Acceptable Use Policy
• IT Offensive Materials Policy
• Marketing, Advertising and Publishing Policy
• Marketing, Advertising and Publishing Guidelines
• Marketing Sponsorship Policy
• Marketing Sponsorship Guidelines
• Media, Public Communication and Statements Policy
• Outside Activities Undertaken by Academic Staff Policy and Procedures
• Research Code of Conduct Policy
• Staff Research Misconduct Policy
• University Code of Conduct

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