Free Speech for Regulated Professionals

Professional regulators exist to protect the public by setting standards for competence, safety and conduct at work. They should not decide which lawful political or personal views a New Zealander is allowed to hold.

Teachers, nurses, real estate agents and other professionals have faced disciplinary action or compulsory ideological training over opinions expressed outside their work. More than 200,000 New Zealanders work in regulated professions. Their ability to earn a living should not depend on agreeing with their regulator's politics.

ACT will legislate to keep regulators focused on professional performance and public safety. Serious misconduct at work would still be punished. Lawful expression in a person's private life would not be a professional offence.

ACT will:

• Ban professional regulators from disciplining members for lawful expression outside their professional practice.

• Require regulators to remain institutionally neutral on political and ideological issues.

• Restrict mandatory training to matters directly connected to professional competence and public safety.

• Strengthen judicial oversight so courts can rein in regulators that go beyond their legal powers.

• Preserve regulators' ability to act against genuine professional misconduct, harm to clients or patients, and breaches of professional duties.

In our team's words:

ACT Public Service spokesperson Todd Stephenson says:

“New Zealanders should not have to choose between their career and their right to free speech. If someone is competent, safe and professional at work, a regulator should not threaten their livelihood because it dislikes a lawful opinion they expressed in their own time.

“More than 200,000 people work in regulated professions. Every one of them should be able to support a political party, sign a petition, attend a peaceful protest or join a public debate without wondering whether their registration is at risk.

“ACT will require regulators to stay politically neutral, keep compulsory training tied to competence and safety, and give the courts stronger ability to stop regulatory overreach. Professionals should be judged on how they do their jobs, not whether their opinions are fashionable.”