This requires processes to be explicitly “opt in”.

The previous legislation required any parent or guardian of the pupil to make his or her wishes known in writing to the principal of the school if they do not wish to take part in religious instruction or observance. This was an “opt-out” process.

However, the New Zealand Bill of Rights Act 1990 (NZBORA) and the Human Rights Act 1993 give all people in New Zealand the right to be free from discrimination based on their religious or non-religious beliefs. Boards will still need to comply with both of these Acts when offering religious instruction.