Academic freedom – learn about it, and act on it.

By Te Pou Ahurei | National Secretary Sandra Grey

Te Hautū Kahurangi | Tertiary Education Union’s second online Academic Freedom Conference brought together dozens of speakers from around the globe. Despite their diverse perspectives, a single message resonated throughout the hui: we need to understand academic freedom deeply—and take action to protect and use it.

One important contributor was Lawyer Catherine Stewart, who attempted to answer the question – what exactly is academic freedom? She encouraged participants to familiarize themselves with the Education and Training Act 2020, specifically Section 161, which outlines the legal protections for academic freedom in Aotearoa New Zealand. TEU Branch President Chris Lord reminded staff at Te Pūkenga to also consult Section 318, which applies specifically to their institution.

Stewart highlighted the unique nature of academic employment, saying, “The distinctive nature of this employment relationship, unlike every other, protects you from disciplinary action for criticizing your university.”

This protection places academics in a vastly different position from employees in other sectors, who often face retribution for breaching contractual obligations such as loyalty to their employer or avoiding reputational harm. The Act serves as a crucial foundation for safeguarding academic freedom—and the starting point for any discussion or action.

The conference also explored the UNESCO 1997 statement on higher education personnel, a global framework reinforcing the rights and responsibilities of academics.

Once we understand what academic freedom is, the next step is ensuring it is upheld and strengthened within institutional policies and processes.

Presidents of NZTEU, Dr Julie Douglas, and NTEU, Dr Allison Barnes talked about academic freedom as a union issue and resisting the growing constraints on academic freedom brought about by the financialization of tertiary education institutions and the pressures of market competition.

Julie Douglas emphasized the need for a collective understanding: “If we aren’t on the same page, we’re going to be at loggerheads consistently.”

What happens if academic freedom is not upheld? The conference outlined several approaches to challenging any limitations:

• Union Support: Academic freedom is a workplace issue that affects TEU members’ daily lives. If members believe their academic freedom is being infringed, they can file a personal grievance through the union.
• Legal Action: In some cases, court action may be necessary to defend these rights.

While these responses are critical, speakers at the conference stressed the importance of political advocacy. The TEU must send a clear message to the University Advisory Group and, by extension, the National-led Government about the importance of academic freedom.

As University of Canterbury’s Professor Jack Heinemann put it “Reinvigorate the university by restoring its mana. Normalise and improve its governance to suit its special mission. Governance and management should centre on autonomy and the social contract. That contract is more than how institutions should behave as determined by ‘taxpayers.’ It is a place where different social, technological, and cultural futures are actively discussed and studied. The dividend is a society with options.”

The conference also addressed proposals from Act Party leader David Seymour to amend the Education and Training Act to require universities to adopt “Free Speech Policies.” However, Professor Giselle Byrnes from Massey University dismissed the need for such changes, pointing out that free speech is already protected under existing law. Byrnes and union leaders emphasized that the real issue is ensuring academic freedom—the ability of academics to teach, research, and critique without fear of reprisal.

“What needs protecting in universities is academic freedom,” Byrnes stated, reinforcing that this principle is fundamental to the role of higher education in society.

TEU members were encouraged to join the union’s Academic Network, a group dedicated to protecting academic freedom and advocating positive change in tertiary education. Interested members can contact Jordyn Broughton at jordyn.broughton@teu.ac.nz to get involved.

Additionally, the union announced plans for two exciting professional conferences in the coming year:

• A hui on casualisation in tertiary education, addressing the growing precarity of academic roles.
• An online conference focused on AI and its implications for education and academic work.

The fight for academic freedom is ongoing, but conferences like this one show that the TEU is at the forefront of the battle. By learning about our rights, standing together, and taking action, we can ensure that academic freedom remains a cornerstone of tertiary education in Aotearoa New Zealand.

Stay tuned for updates and opportunities to engage—together, we can make a difference.