| School-leaving age |
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From CRC/C/93/Add.4 of 12 March 2003
753. Schooling is compulsory for children between the age of six and 16 years. Every person between the age of five and 19 who is not a foreign student is entitled to free enrolment and education at a state school. […]
From CRC/C/28/Add. 3 of 12 October 1995
23. In New Zealand, schooling is compulsory for everybody between their sixth and sixteenth birthday, but it is possible to leave school earlier, with the permission of the school principal (and on application from the parent). The school-leaving age is to be raised to 17 with effect from 1 January 1998. Full primary and secondary education is available from the age of 5, the upper limit being 19 years of age.
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| Minimum age of employment |
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From CRC/C/93/Add.4 of 12 March 2003
24. (ii) The protection of children under labour law. New Zealand has reserved the right not to legislate further or take additional measures because existing law adequately protects the rights of the child provided for in article 32(1). The Committee raised related concerns about the fact that New Zealand does not have:
o a comprehensive policy to deal with child labour
o a basic minimum age of admission to employment, or a range of minimum ages for different types of work and working conditions.
The New Zealand Government does not consider all forms of employment for children are harmful. New Zealand society has a long established tradition of children being employed in part-time and holiday work (such as picking fruit and delivering newspapers). The employment of young people encourages them to develop skills and foster an attitude of independence for their own and the society's benefit. A number of current initiatives and existing protections cover children and young people who work. However, in recognition of children's vulnerability and special needs in the workplace and in response to the Committee's concerns, by September 2001 the New Zealand Government will clarify the minimum age requirements under UNCROC and assess what steps would need to be taken to remove this reservation.
250. […] Employment legislation does not provide any specific definition of a child (young people have the same employment rights as other employees). There are, however, age limits for types of employment prescribed in the Education Act 1989 requiring that children under 16 cannot be employed during school hours. […]
939. The Initial Report stated that regulations were being drafted to re-introduce and extend provisions relating to minimum ages for certain types of work and working conditions. Previous provisions had gone into abeyance when the HSE Act came into effect on 1 April 1993. The Health and Safety in Employment Regulations actually came into effect on 2 October 1995, after the Initial Report was written, but before it was submitted. The aim of the new regulations is to ensure that young people do not work in dangerous places or do dangerous work, and are not otherwise present in places where dangerous work takes place. The regulations therefore prohibit:
o employment of persons under 15 years of age in manufacturing, forestry, construction, or in any other area where the work taking place is likely to harm their health and safety
o the presence of people under 15 years of age in any area in a place of work where manufacturing work, forestry work, construction work, or other work which is likely to harm their health and safety is taking place, unless they are under the direct supervision of an adult
o persons under 15 years of age being employed to work with machinery or to drive or ride on any heavy vehicle, including tractors and implements being towed by vehicles
o persons under 15 years of age being required to lift any weight or perform any other task likely to injure their health
o employment of persons under 16 years of age between the hours of 10.00pm and 6.00am.
940. The new regulations covering bullet points one, three, four and five above only apply to employees. They do not apply to any young people who may be engaged to do work on contract. However, the regulation covering bullet point two applies to all young people, whether they are working in or simply visiting a workplace.
From CRC/C/28/Add. 3 of 12 October 1995
368. New Zealand made a reservation in relation to article 32 of the Convention at the time of ratification. The Government considers that the rights of the child provided for in article 32 (1) are adequately protected by its existing law. It therefore reserved the right not to legislate further or to take additional measures as may be envisaged in article 32 (2).
369. While New Zealand law does not specifically provide a minimum age for admission to employment, further legislation is not considered necessary in view of the range of protections and entitlements available. The employment of children under the age of 16 is constrained under section 30 of the Education Act 1989 which prohibits: the employment of a child aged less than 16 within school hours or if the employment then prevents or interferes with the child's attendance at school; the employment of a child aged less than 16, where the child is enrolled at a correspondence school, where the employment interferes with the child's ability to do the work of the course; and the employment of a child aged less than 16, where the child has been granted a certificate of exemption by the Secretary for Education, where the employment interferes with the child's ability to be taught as well and regularly as in a registered school. Parents and/or employers can be prosecuted and fined up to $1,000 for breaching these provisions.
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| Minimum age for marriage |
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From CRC/C/28/Add. 3 of 12 October 1995
19. […] The Marriage Act 1955 uses the term "minor" to specify the age at which a person under 20 years may marry with parental consent (at age 16 years). […]
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| Minimum age for criminal responsibility |
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From CRC/C/93/Add.4 of 12 March 2003
248. Paragraphs 29 to 31 of the Initial Report set out the age of criminal liability in New Zealand. New Zealanders have debated whether the age limits for prosecution of criminal offences should be lowered. However, there has been no law change and minimum ages have remained the same throughout the reporting period.
From CRC/C/28/Add. 3 of 12 October 1995
29. New Zealand law provides limits on the age at which criminal liability can be placed upon children. No person under 10 years of age can be convicted of an offence (sect. 21 of the Crimes Act 1961). A child between the ages of 10 and 14 can only be prosecuted for murder, manslaughter, or a minor traffic offence and only if the child knew that the act or omission was wrong or that it was contrary to the law (sect. 22 of the Crimes Act 1961 and sect. 272 of the Children, Young Persons and Their Families Act 1989).
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