The United Nations: What Is It and How is New Zealand Involved?
BY JASLEEN BAINS
I. Introduction
From peace negotiations to climate conferences, the United Nations (UN) always appears at the forefront of the news. But what is the UN, and how does it affect us in New Zealand?
With members from 193 countries, including New Zealand, the United Nations is an international organisation founded after World War II to maintain peace and security and a commitment to economic and social development.[1]
This article explains the role and establishment of the UN, New Zealand’s participation in the organisation, and how UN treaties are relevant in the New Zealand legal system. Finally, the article discusses criticism the UN faces.
II. History and Establishment of the United Nations
The UN was established after World War II. It came into existence when the UN Charter — a constitution for the UN and its member states, setting out the organisation's rights, duties and structure — was signed on 24 October, 1945.[2]
The UN has six principal organs: the UN General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council, the International Court of Justice, and the UN Secretariat.[3] Of the six, the primary bodies are the General Assembly and the Security Council.
A. The General Assembly
The General Assembly is the UN's main deliberation, policy, and representative organ. All 193 member states are a part of the General Assembly, and every year in September, the General Assembly meets for the UN General Assembly (UNGA) session, which involves proposing resolutions and treaties, debating, the admission of new members and budgeting matters.[4]
Each member country is represented by one vote, and UN members can vote on resolutions.[5] Decisions on important questions, such as those of peace and security, admission of new members and the budget require a two-thirds majority to be passed, while decisions on other questions merely require a simple majority (meaning one over 50%).[6] Decisions may be adopted without a vote if no member state objects, with majority of the General Assembly’s resolutions adopted without a vote.[7] Resolutions adopted by the General Assembly are considered to be recommendations, and are not legally binding on the member states.[8] Instead, the impact of a resolution being passed by the General Assembly is symbolic and carries moral and political weight, as it reflects world opinion. An example of this is UN resolution 76/300 adopted in 2022, which recognises that everyone has the right to live in a clean, healthy and sustainable environment.[9] While this resolution remains non-binding, it creates a predictable and consistent global regulatory environment for businesses and many countries have chosen to integrate this resolution in their constitutions, laws and agreements.[10]
Resolutions may sometimes become draft treaties. The process of creating a treaty includes negotiations,[11] where the contents of a treaty is decided and where rights and obligations can be created; signing, where the treaty is signed by negotiators of states[12]; and finally ratification, an agreement where a country signifies its consent to be bound by a treaty.[13] At ratification, the state will implement the treaty into domestic legislation and the country will be bound. This is done at the country’s discretion.[14]
B. The Security Council
The Security Council’s role is to maintain international peace and security. Its many functions and powers include investigating disputes, recommending settlements, calling for implementation of economic sanctions, taking military actions against aggressors and more.[15] Unlike the UN General Assembly, some adopted decisions by the Security Council are legally binding on all UN member states.[16] The UN Security Council is made up of 15 countries, five of which are permanent members: China, France, Russia, the United Kingdom and the United States. Commonly referred to as the P5 (permanent 5), this permanent membership status is due to the countries’ role as the major Allied powers that won WWII.[17] The remainder of the ten countries on the Security Council are non-permanent members, elected by the UN General Assembly for two-year terms.[18]
Each member of the council has one vote, and resolutions are adopted when they are supported by a majority vote of nine out of fifteen votes.[19] Permanent member states also have a right to veto, which allows any of the P5 members to individually block the adoption of any resolution, regardless of the direction of other votes.[20] In other words, if any P5 state casts a negative vote in the Security council, the resolution or decision fails even if all other states vote for the resolution.[21] It is important to note that refraining from voting does not mean the state chooses to use their veto, and a resolution will be adopted if it obtains the majority nine favourable votes needed.[22] Examples of Security Council resolutions and times the decisions were vetoed by a P5 member include the 19 September 2025 draft resolution for a permanent ceasefire in Gaza and release of the hostages, which the United States vetoed[23]; and Russia’s 2022 veto against a Security Council draft resolution demanding Russia’s attempts to unlawfully annex regions of Ukraine be immediately and unconditionally reversed.[24]
III. New Zealand’s Participation in the United Nations and Implementation of Recommendations
New Zealand became a member state of the UN in 1945, and was one of the original 50 countries to sign the UN Charter in the same year.[25] Since then, New Zealand has served in the Security Council as a non-permanent member four times, with its most recent term from 2015–2016.[26]
New Zealand has a strong history of protecting and promoting human rights, and is party to seven core international human rights treaties of the UN.[27] These human rights treaties include the International Covenant on Civil and Political rights (ICCPR)[28], International Covenant on Economic, Social and Cultural rights (ICESCR)[29], and the International Convention on the Elimination of All forms of Racial Discrimination (CERD),[30] among others.
New Zealand follows a dualist approach to international law and UN resolutions and suggestions. This means that in order for international obligations to be legally binding domestically within New Zealand, they must be more incorporated into domestic legislation.[31]
There are many ways that international obligations, including UN resolutions can be implemented into domestic legislation in New Zealand. The most common method is the wording method.[32] This is where the wording of the treaty or resolution is reflected in New Zealand legislation. A clear example of this is in the New Zealand Bill of Rights Act (NZBORA) 1990, where in the beginning of the Act, it is stated that the NZBORA affirms New Zealand’s commitment to the International Covenant on Civil and Political Rights[33], which is a UNGA treaty that was passed by the General Assembly in 1966.[34]
A second way to give effect is through the ‘force of law’ method,[35] where the full or a part of the text of the international treaty is set out in a bit of New Zealand domestic legislation. This method is rarely used. However, it can be seen in legislation such as Section 202 of the Contract and Commercial Law Act 2017, which sets out that the the purpose of the following subpart is to give effect to the provisions of the United Nations Convention on Contracts for the International Sale of Goods.[36]
Once implemented into domestic legislation, international treaties will be binding in New Zealand and the obligations within the international treaties will be given effect.[37]
It is also important to note that even when international obligations are not implemented in domestic legislation, if a matter is brought to the courts, the courts may use international obligations and legislation as an aid to interpretation. This is because there is a presumption that Parliament intends to legislate consistently with international obligations.[38] An example of the courts doing this is in Ye v Minister of Immigration, where the Supreme Court interpreted immigration legislation using the UN Convention on the Rights of the Child, even though this piece of international law was not implemented in domestic legislation.[39]
IV. Criticism of the UN
While the UN acts as a primary source of developing international law and maintaining peace and security, the international organisation has received some criticism.
The voting mechanisms and unequal distribution of power has long been a criticism of the UN. In particular, the ability for the P5 to veto can be seen as an undermining of the democratic legacy of the organisation.[40] Critics state that veto powers give deference to the political interest of the P5, which leads to the inaction in the face of atrocities.[41] New Zealand itself has been a vocal opponent of the use of the veto since its inception in 1945, stating that the veto has resulted in the paralysis in the Security Council’s decision making responsibilities, and holds the belief the veto should never be used.[42]
Another criticism the UN faces is to do with the permanent members on the Security Council. Many argue that the Security Council’s structure doesn’t reflect current geopolitical realities, and regional powers such as Brazil, Germany, India, Japan, Nigeria and South Africa have sought to secure permanent seats of their own.[43]
V. Conclusion
The United Nations remains a vital international institution, with a role in promoting peace and security. Since the UN’s establishment in 1945, New Zealand has actively participated in the organisation, reflecting its commitment to international law. While the UN provides a platform for international discussion and debate, there appears to be key imbalances of power between the General Assembly and the Security Council, which critics have pointed out. In the uncertain landscape of the future, the role of international law developed and fostered by the UN will help determine how global conflict and crises are governed and dealt with, as well as how countries cooperate and are held accountable.
[1] Jacques Fomerand "United Nations" (6 December 2025) Britannica <www.britannica.com>.
[2] United Nations "History of the United Nations" <www.un.org>.
[3] United Nations "Main Organs" <www.unpopulation.org>.
[4] Above n 3.
[5] Voice of America "What is the UN General Assembly — Better Known as the UNGA?" (14 September 2022) YouTube <www.youtube.com>.
[6] United Nations High Commissioner for Refugees (UNHCR) "UN General Assembly" Refworld <www.refworld.org>.
[7] United Nations "UN General Assembly Documentation" Dag Hammarskjöld Library <research.un.org>.
[8] United Nations "How Decisions are Made at the UN" <www.un.org>.
[9] Emission Impossible "July 2022 UN declares human right to breathe clean air" (6 October 2022) <www.emissionimpossible.co.nz>.
[10] Above n 9.
[11] Fondation Tara Océan "International treaties: deciphering their workings to better understand our actions" <https://fondationtaraocean.org/en/political-news/international-treaties-onu/>
[12] Above n 11.
[13] Government of the Netherlands "The difference between signing and ratification" <www.government.nl>.
[14] Above n 13.
[15] United Nations "Security Council" <main.un.org>.
[16] Permanent Mission of France to the United Nations "The Security Council of the United Nations" <onu.delegfrance.org>.
[17] United Nations "How are members of the Security Council elected? How are non-permanent members of the Security Council selected? Why are there permanent and non-permanent members of the Security Council?" (22 July 2025) Dag Hammarskjöld Library <ask.un.org>
[18] CFR Education "What is the UN Security Council?" (22 September 2022) YouTube <www.youtube.com>.
[19] Permanent Mission of France to the United Nations, above n 16.
[20] Better World Campaign "UN, Explained: The History of the United Nations Security Council Veto" (2 September 2025) <betterworldcampaign.org>.
[21] United Nations "Security Council: Voting system" <main.un.org>.
[22] Above n 21.
[23] Yolande Knell "US blocks UN call for Gaza ceasefire for sixth time" (19 September 2025) BBC <www.bbc.com>.
[24] United Nations "Russia vetoes Security Council resolution condemning attempted annexation of Ukraine regions" (30 September 2022) UN News <news.un.org>.
[25] New Zealand Ministry of Foreign Affairs & Trade "Our work with the UN" <www.mfat.govt.nz>.
[26] Above n 25.
[27]New Zealand Ministry of Justice "Constitutional issues & human rights: International human rights" (31 October 2025) </www.justice.govt.nz>.
[28] New Zealand Ministry of Justice "International Human Rights Law and Declarations" (30 September 2024) <www.justice.govt.nz>.
[29] Above n 28.
[30] Above n 28.
[31] The University of Melbourne "New Zealand Law: International Treaties" (12 November 2025) <unimelb.libguides.com>.
[32] Legislation Design and Advisory Committee "Treaties and international obligations" (15 January 2025) <www.ldac.org.nz>.
[33] New Zealand Bill of Rights Act 1990, long title.
[34] New Zealand Ministry of Justice, above n 28.
[35] Legislation Design and Advisory Committee, above n 32.
[36] Contract and Commercial Law Act 2017, s 202.
[37] Legislation Design and Advisory Committee, above n 32.
[38]Justice Susan Glazebrook Statutory Interpretation in the Supreme Court (paper presented to the Parliamentary Counsel Office, Wellington, September 2015).
[39] Above n 38.
[40] Augusto Lopez-Claros "The Origins of the UN Veto and Why it Should be Abolished" (28 April 2022) Global Governance Forum <globalgovernanceforum.org>.
[41] Council on Foreign Relations (CFR) Editors "The UN Security Council" (27 August 2025) Council on Foreign Relations <www.cfr.org>.
[42] Carolyn Schwalger "Use of the Veto – Item 60" (statement delivered to the UN General Assembly, 26 April 2023).
[43] CFR Editors, above n 41.
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