Other meanings of New Zealand Bill of Rights Act 1990
Law
The New Zealand Bill of Rights Act 1990 (NZBORA) is a statute of the Parliament of New Zealand that affirms, protects, and promotes civil and political rights and fundamental freedoms. It is not supreme law; Parliament can override it by explicit provision, and courts cannot strike down inconsistent legislation. The Act applies to the three branches of government and to persons performing public functions, and it requires the Attorney-General to report to Parliament on any bill that appears inconsistent with its provisions.
The Act was enacted on 28 August 1990, following a long campaign for a bill of rights that gained momentum in the 1980s. A draft white paper in 1985 proposed a supreme-law bill, but political opposition led to a compromise: an ordinary statute that could be amended by a simple majority. The Act was influenced by the International Covenant on Civil and Political Rights (ICCPR), which New Zealand ratified in 1978. It was introduced by the Labour government of Geoffrey Palmer, who had long advocated for such a measure. The Act came into force on 1 February 1991.
The Act binds the Crown and applies to all three branches of government: the legislature, the executive, and the judiciary. It also applies to persons or bodies performing public functions, powers, or duties. Section 3 defines the application, and section 4 states that no court shall hold any enactment to be impliedly repealed or rendered invalid for inconsistency. Section 5 allows reasonable limits on rights that are prescribed by law and demonstrably justified in a free and democratic society. Section 6 requires courts to prefer a meaning of an enactment that is consistent with the rights and freedoms.
Part 2 of the Act sets out a comprehensive list of civil and political rights, including the right to life, freedom of expression, freedom of religion, freedom of association, and the right to a fair trial. It also includes rights of persons arrested or detained, such as the right to be informed of the reasons for arrest and to consult a lawyer. The Act prohibits discrimination on grounds such as race, sex, and disability, and protects the right to vote and to stand for election. These rights are largely drawn from the ICCPR and are subject to reasonable limits under section 5.
The Act does not include an explicit right to property, privacy, or freedom of movement, which are protected only indirectly or through other statutes. It also does not apply to private conduct; it only protects against government action. A notable feature is the requirement in section 7 that the Attorney-General report to Parliament on any bill that appears inconsistent with the Act. This mechanism has led to several high-profile reports, but Parliament is not bound to amend the bill. The Act has been used in landmark cases, such as R v Hansen (2007), which clarified the relationship between the Act and other statutes. The Act is not entrenched, meaning it can be amended by a simple majority, and it has been amended only once, in 1993, to add a provision about the right to refuse medical treatment.
This article is about the New Zealand statute. For other uses, see Bill of Rights.
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