View source for New Zealand Bill of Rights Act 1990

{{Short description|New Zealand statute}}
{{Use dmy dates|date=June 2024}}
{{Use New Zealand English|date=August 2013}}
{{Distinguish|Bill of Rights 1689}}{{infobox legislation
| short_title    = New Zealand Bill of Rights Act 1990<br/>{{lang|mi|Te Ture Pire o ngā Tika 1990}} <small>(in Māori)</small>
| legislature    = [[New Zealand Parliament]]
| image          = Coat of arms of New Zealand.svg
| imagesize      = 180px
| long_title     = An Act (a) To affirm, protect, and promote human rights and fundamental freedoms in New Zealand; and (b) To affirm New Zealand's commitment to the [[International Covenant on Civil and Political Rights]]
| introduced_by  = [[Geoffrey Palmer (politician)|Geoffrey Palmer]]
| 1st_reading    = 10 October 1989<ref name="1RHSN">{{Cite Hansard|title=New Zealand Bill of Rights Bill|jurisdiction=[[New Zealand Parliament]]|house=[[New Zealand House of Representatives]]|date=10 October 1989|volume=502|url=https://hdl.handle.net/2027/uc1.l0053560298?usp=sharing}}</ref>
| 2nd_reading    = 14 August 1990<ref name="2RHSN">{{Cite Hansard|title=New Zealand Bill of Rights Bill|jurisdiction=[[New Zealand Parliament]]|house=[[New Zealand House of Representatives]]|date=14 August 1990|volume=510|url=https://drive.google.com/file/d/0B1Iwfzv-Mt3CQThIX1dNRTRTR1k/view?resourcekey=0-Gu_ZTvGCJzE7jv0xV7ViKA}}</ref>
| committee_whole = 24 August 1990<ref name="HSNAUG1990">{{Cite Hansard|title=New Zealand Bill of Rights Bill|jurisdiction=[[New Zealand Parliament]]|house=[[New Zealand House of Representatives]]|date=24 August 1990|volume=510|url=https://drive.google.com/file/d/0B1Iwfzv-Mt3CQThIX1dNRTRTR1k/view?resourcekey=0-Gu_ZTvGCJzE7jv0xV7ViKA}}</ref>
| 3rd_reading    = 24 August 1990<ref name="HSNAUG1990" />
| administered_by =
| royal_assent   = 28 August 1990<ref name="NZBORA">{{Cite Legislation NZ|legislation_type=act|link_name=nzbora1990241|legislation_title=New Zealand Bill of Rights Act 1990|legislation_number=1990 No 109}}</ref>
| date_commenced = 25 September 1990<ref name="NZBORACmnc">{{Cite Legislation NZ|legislation_type=act|link_name=nzbora1990241|legislation_title=New Zealand Bill of Rights Act 1990|legislation_number=1990 No 109|clause=1(2)}}</ref>
| related        = [[New Zealand Human Rights Act|Human Rights Act 1993]]
| repeals        =
| status         = Current
}}
The '''New Zealand Bill of Rights Act 1990''' (sometimes known by its acronym, '''NZBORA''' or simply '''BORA''') is a [[statute]] of the [[Parliament of New Zealand]] part of [[Constitution of New Zealand|New Zealand's uncodified constitution]]<ref>{{Cite book |title=Cabinet Manual 2017 |publisher=Cabinet Office, [[Department of the Prime Minister and Cabinet (New Zealand)|Department of Prime Minister and Cabinet]] |year=2017 |isbn=978-0-947520-02-1 |pages=2|quote=The other major sources of the constitution include: [...] Other relevant New Zealand statutes, such as [...] the New Zealand Bill of Rights Act 1990.}}</ref> that sets out the rights and fundamental freedoms of anyone subject to [[New Zealand]] law as a [[bill of rights]],<ref>{{cite book |last1=Rishworth |first1=Paul |last2=Huscroft |first2=Grant |last3=Optican |first3=Scott |last4=Mahoney |first4=Richard |title=The New Zealand Bill of Rights |date=2003 |publisher=Oxford University Press |isbn=978-0-19-558361-8 |page=40 |url=https://books.google.com/books?id=_eGbAAAAMAAJ}}</ref> and imposes a legal requirement on the [[Attorney-General (New Zealand)|attorney-general]] to provide [[Bills reported as inconsistent with the New Zealand Bill of Rights Act 1990|a report to parliament]] whenever a [[Bill (law)|bill]] is inconsistent with the Bill of Rights.
The [[High Court of New Zealand]] in ''[[Taylor v Attorney-General]]'' issued an unprecedented [[Declaration (law)|declaration]] that the restriction on prisoners voting rights was a limit on their right to vote in genuine periodic elections, and that it had not been justified under the Bill of Rights.<ref name=":0">{{Cite NZLII|litigants=Attorney-General v Taylor|court=NZCA|year=2017|num=1706|paragraph=215}}</ref> On appeal, the [[Supreme Court of New Zealand|Supreme Court]] later confirmed that senior courts had jurisdiction to make such a declaration,<ref name=":1">{{Cite NZLII|litigants=Attorney-General v Taylor|court=NZSC|year=2018|num=104|pinpoint=}}</ref> and in 2022 a law was passed to establish procedures to allow and require the [[New Zealand Government]] a reporting and response mechanism to inconsistency declarations.<ref name=":2">{{Cite Legislation NZ|link_name=nzboraa2022605|legislation_type=act|legislation_title=New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022|legislation_number=2022 No 45|clause=4}}</ref>
==History==
[[File:Geoffrey Palmer.jpg|thumb|upright|Minister of Justice Geoffrey Palmer introduced the Bill of Rights and several [[constitution of New Zealand|constitutional]] changes.]]
=== ''A Bill of Rights for New Zealand: A White Paper'' ===
In 1985, [[Minister of Justice (New Zealand)|Minister of Justice]] [[Geoffrey Palmer (politician)|Geoffrey Palmer]] tabled in Parliament a document titled ''A Bill of Rights for New Zealand: A White Paper''.<ref name=":8">{{Cite journal |last=Palmer |first=Geoffrey |date=1985 |title=A Bill of Rights for New Zealand: A White Paper |url=https://www.ojp.gov/ncjrs/virtual-library/abstracts/bill-rights-new-zealand-white-paper |journal=Government Printer, Wellington}}</ref> The paper proposed the enactment of a law to protect certain rights and freedoms considered crucial for upholding liberty in a democratic society.<ref name="McGrath">{{cite journal |last1=McGrath |first1=John |author1-link=John McGrath (judge) |title=The Bill of Rights and the Legislative Process |journal=New Zealand Legal Research Foundation Seminar Papers |date=May 1992 |volume=5 |pages=98–108 |url=http://www.nzlii.org/nz/journals/NZLRFSP/1992/5.pdf |access-date=22 February 2024 |archive-date=12 June 2022 |archive-url=https://web.archive.org/web/20220612093529/http://www.nzlii.org/nz/journals/NZLRFSP/1992/5.pdf |url-status=live }}</ref>
The White Paper sparked widespread debate due to its controversial features as the Bill of Rights was to become [[entrenchment clause|entrenched]] law so that it could not be amended or repealed without a 75% majority vote in the House of Representatives or a simple majority in a public referendum, therefore having status as supreme law, thereby causing some erosion to the doctrine of [[parliamentary sovereignty]]. Furthermore, the [[Treaty of Waitangi]] was to be wholly incorporated within the Bill of Rights thus elevating the Treaty's status to that of supreme law. Lastly, the judiciary would have the power to invalidate any act of Parliament, common law rule or official action which was contrary to the Bill of Rights.
The Justice and Law Reform Select Committee considered the White Paper, and recommended that New Zealand was "not yet ready" for a Bill of Rights in the form proposed by the White Paper. The Committee recommended that the Bill of Rights be introduced as an ordinary statute, which would not have the status of superior or entrenched law.<ref name="McGrath" />
=== First reading ===
On 10 October 1989, the [[42nd New Zealand Parliament]] debated and passed the New Zealand Bill of Rights Act 1990 in its first reading. The proposed bill followed the recommendations of the select committee, and was an ordinary statute without the status of being a superior or entrenched law.<ref name="1RHSN" />
Despite this, Palmer introduced the legislation with the aim of providing some level of protection for fundamental civil and democratic rights. He highlighted the importance of the bill in ensuring that the government's actions are able to be subject to judicial scrutiny to uphold individual rights.<ref name="1RHSN" />
Opponents of the bill questioned the purpose of the bill as a result of it being proposed as an ordinary statute with no supreme law status. One of the opponents, [[Doug Graham]], said that "a Bill of Rights has some merit, but it has no merit at all as an ordinary law."<ref name="1RHSN" /> Furthermore, he quoted an excerpt from the White Paper, which says "to enact a Bill of Rights which can be overridden, either expressly or impliedly, by a simple majority of the Government's parliamentary supporters would be no real advance on our present situation with respect to the protection of our basic rights and freedoms."<ref name="1RHSN" /><ref>{{Cite journal |last=Palmer |first=Geoffrey |date=1985 |title=A Bill of Rights for New Zealand: A White Paper |url=https://www.ojp.gov/ncjrs/virtual-library/abstracts/bill-rights-new-zealand-white-paper |journal=Government Printer, Wellington |pages=53}}</ref>
{| class="wikitable" style="width:40%;"
|+ Voting at first reading (10 October 1989)<ref name="1RHSN" />
|-
! style="width:10%;" colspan="2"| Party !! style="width:10%;"| Voted for !! style="width:10%;"| Voted against
|-
| {{Party name with colour|New Zealand Labour Party}} (56)
| style="background-color:#CCFFCC;" |{{collapsible list |title= 40
|1= [[Geoff Braybrooke]]
|2= [[David Butcher]]
|3= [[David Caygill]]
|4= [[Helen Clark]]
|5= [[Anne Fraser]]
|6= [[Sonja Davies]]
|7= [[Peter Dunne]]
|8= [[Harry Duynhoven]]
|9= [[Jack Elder (politician)|Jack Elder]]
|10= [[Fred Gerbic]]
|11= [[Phil Goff]]
|12= [[Bruce Gregory (politician)|Bruce Gregory]]
|13= [[Jonathan Hunt (New Zealand politician)|Jonathan Hunt]]
|14= [[Bill Jeffries]]
|15= [[Judy Keall]]
|16= [[Graham Kelly (politician)|Graham Kelly]]
|17= [[Annette King]]
|18= [[Trevor Mallard]]
|19= [[Russell Marshall]]
|20= [[Clive Matthewson]]
|21= [[Ralph Maxwell (politician)|Ralph Maxwell]]
|22= [[Colin Moyle]]
|23= [[Peter Neilson (politician born 1954)|Peter Neilson]]
|24= [[Geoffrey Palmer (politician)|Geoffrey Palmer]]
|25= [[Richard Prebble]]
|26= [[Ross Robertson]]
|27= [[David Robinson (New Zealand politician)|David Robinson]]
|28= [[Stan Rodger]]
|29= [[Noel Scott]]
|30= [[Margaret Shields]]
|31= [[Larry Sutherland]]
|32= [[Jim Sutton]]
|33= [[Elizabeth Tennet]]
|34= [[John Terris]]
|35= [[Whetu Tirikatene-Sullivan]]
|36= [[Bob Tizard]]
|37= [[Allan Wallbank]]
|38= [[Koro Wētere]]
|39= [[Philip Woollaston]]
|40= [[Trevor Young]]
}}
| —
|-
| {{Party name with colour|New Zealand National Party}} (40)
| —
| style="background-color:#FFAEB9;" |{{collapsible list |title= 29
|1= [[Derek Angus]]
|2= [[John Banks (New Zealand politician)|John Banks]]
|3= [[Bill Birch]]
|4= [[Jim Bolger]]
|5= [[John Carter (New Zealand politician)|John Carter]]
|6= [[Warren Cooper]]
|7= [[Wyatt Creech]]
|8= [[John Falloon]]
|9= [[George Gair]]
|10= [[Doug Graham]]
|11= [[Jeff Grant]]
|12= [[Doug Kidd]]
|13= [[Graeme Lee (politician)|Graeme Lee]]
|14= [[John Luxton]]
|15= [[Roger McClay]]
|16= [[Don McKinnon]]
|17= [[Ian McLean (politician)|Ian McLean]]
|18= [[Maurice McTigue]]
|19= [[Denis Marshall (politician)|Denis Marshall]]
|20= [[Robert Muldoon]]
|21= [[Rob Munro (politician)|Rob Munro]]
|22= [[Katherine O'Regan]]
|23= [[Winston Peters]]
|24= [[Ruth Richardson]]
|25= [[Jenny Shipley]]
|26= [[Lockwood Smith]]
|27= [[Rob Storey]]
|28= [[Simon Upton]]
|29= [[Merv Wellington]]
}}
|-
! colspan=2| [[New Zealand House of Representatives#Debates and votes|Tellers]]{{efn|name=tellers|Tellers are considered as voting with their respective side, but their votes are not officially cast and therefore not included in the final vote.}}
| [[Margaret Austin]] and [[Richard Northey]]
| [[Robert Anderson (New Zealand politician)|Robert Anderson]] and [[Robin Gray (New Zealand politician)|Robin Gray]]
|-
! colspan=2| Totals
! 40
! 29
|}
=== Second reading ===
On 14 August 1990, the New Zealand Bill of Rights Act 1990 was debated and passed the Bill of Rights at its second reading, almost a year after its initial introduction. Largely the same concerns echoed in the first reading were made in the second reading, with a greater emphasis on concern of judicial overreach and bias in the second reading. [[Warren Kyd]], speaking against the bill, argued a hypothetical that a conservative judiciary could say that the right not to be deprived of life prohibits a person from being able to have an abortion.<ref name="2RHSN" />
{| class="wikitable" style="width:40%;"
|+ Voting at second reading (14 August 1990)<ref name="2RHSN" />
|-
! style="width:10%;" colspan="2"| Party !! style="width:10%;"| Voted for !! style="width:10%;"| Voted against
|-
| {{Party name with colour|New Zealand Labour Party}} (56)
| style="background-color:#CCFFCC;" |{{collapsible list |title= 40
|1= [[Margaret Austin]]
|2= [[Fred Gerbic]]
|3= [[Peter Neilson (politician born 1954)|Peter Neilson]]
|4= [[Jim Sutton]]
|5= [[Geoff Braybrooke]]
|6= [[Phil Goff]]
|7= [[Richard Northey]]
|8= [[Peter Tapsell (New Zealand politician)|Peter Tapsell]]
|9= [[David Butcher]]
|10= [[Bruce Gregory (politician)|Bruce Gregory]]
|11= [[Richard Prebble]]
|12= [[Elizabeth Tennet]]
|13= [[David Caygill]]
|14= [[Jonathan Hunt (New Zealand politician)|Jonathan Hunt]]
|15= [[Ross Robertson]]
|16= [[Whetu Tirikatene-Sullivan]]
|17= [[Helen Clark]]
|18= [[Annette King]]
|19= [[David Robinson (New Zealand politician)|David Robinson]]
|20= [[Allan Wallbank]]
|21= [[Anne Fraser]]
|22= [[Jenny Kirk (politician)|Jenny Kirk]]
|23= [[Stan Rodger]]
|24= [[Philip Woollaston]]
|25= [[Michael Cullen (politician)|Michael Cullen]]
|26= [[David Lange]]
|27= [[Noel Scott]]
|28= [[Trevor Young]]
|29= [[Sonja Davies]]
|30= [[Russell Marshall]]
|31= [[Margaret Shields]]
|32= [[Trevor de Cleene]]
|33= [[Clive Matthewson]]
|34= [[Ken Shirley]]
|35= [[Peter Simpson (writer)|Peter Simpson]]
|36= [[Jack Elder (politician)|Jack Elder]]
|37= [[Roger Douglas]]
|38= [[Colin Moyle]]
|39= [[Larry Sutherland]]
|40= [[Judy Keall]]
}}
| —
|-
| {{Party name with colour|New Zealand National Party}} (40)
| —
| style="background-color:#FFAEB9;" |{{collapsible list |title= 25
|1= [[Robert Anderson (New Zealand politician)|Robert Anderson]]
|2= [[Jeff Grant]]
|3= [[Ian McLean (politician)|Ian McLean]]
|4= [[Rob Storey]]
|5= [[Warren Cooper]]
|6= [[Doug Kidd]]
|7= [[Denis Marshall (politician)|Denis Marshall]]
|8= [[Simon Upton]]
|9= [[Wyatt Creech]]
|10= [[Warren Kyd]]
|11= [[Katherine O'Regan]]
|12= [[Merv Wellington]]
|13= [[Paul East]]
|14= [[Graeme Lee (politician)|Graeme Lee]]
|15= [[Winston Peters]]
|16= [[Venn Young]]
|17= [[John Falloon]]
|18= [[John Luxton]]
|19= [[Ruth Richardson]]
|20= [[Jenny Shipley]]
|21= [[John Carter (New Zealand politician)|John Carter]]
|22= [[Doug Graham]]
|23= [[Murray McCully]]
|24= [[Lockwood Smith]]
|25= [[Robin Gray (New Zealand politician)|Robin Gray]]
}}
|-
! colspan=2| [[New Zealand House of Representatives#Debates and votes|Tellers]]{{efn|name=tellers}}
| [[Bill Dillon (politician)|Bill Dillon]] and [[Ralph Maxwell (politician)|Ralph Maxwell]]
| [[Jim Gerard]] and [[Roger McClay]]
|-
! colspan=2| Totals
! 40
! 25
|}
=== Third reading ===
On 24 August 1990, New Zealand Bill of Rights Act 1990 passed its third reading and consequently received [[Royal assent#Australia and New Zealand|Royal assent]] the next week on the 28 August 1990,<ref name="HSNAUG1990" /><ref name="NZBORA" /> with it coming into force in law on 25 September 1990.<ref name="NZBORACmnc" />
{| class="wikitable" style="width:40%;"
|+ Voting at third reading (24 August 1990)<ref name="HSNAUG1990" />
|-
! style="width:10%;" colspan="2"| Party !! style="width:10%;"| Voted for !! style="width:10%;"| Voted against
|-
| {{Party name with colour|New Zealand Labour Party}} (56)
| style="background-color:#CCFFCC;" |{{collapsible list |title= 32
|1= [[Peter Neilson (politician born 1954)|Peter Neilson]]
|2= [[Jim Sutton]]
|3= [[Geoff Braybrooke]]
|4= [[Richard Northey]]
|5= [[Peter Tapsell (New Zealand politician)|Peter Tapsell]]
|6= [[David Butcher]]
|7= [[Bruce Gregory (politician)|Bruce Gregory]]
|8= [[Richard Prebble]]
|9= [[Elizabeth Tennet]]
|10= [[David Caygill]]
|11= [[Jonathan Hunt (New Zealand politician)|Jonathan Hunt]]
|12= [[Ross Robertson]]
|13= [[Whetu Tirikatene-Sullivan]]
|14= [[Helen Clark]]
|15= [[David Robinson (New Zealand politician)|David Robinson]]
|16= [[Allan Wallbank]]
|17= [[Anne Fraser]]
|18= [[Jenny Kirk (politician)|Jenny Kirk]]
|19= [[Stan Rodger]]
|20= [[Philip Woollaston]]
|21= [[Michael Cullen (politician)|Michael Cullen]]
|22= [[Trevor Young]]
|23= [[Sonja Davies]]
|24= [[Russell Marshall]]
|25= [[Clive Matthewson]]
|26= [[Ken Shirley]]
|27= [[Peter Simpson (writer)|Peter Simpson]]
|28= [[Jack Elder (politician)|Jack Elder]]
|29= [[Roger Douglas]]
|30= [[Colin Moyle]]
|31= [[Larry Sutherland]]
|32= [[Judy Keall]]
}}
| —
|-
| {{Party name with colour|New Zealand National Party}} (40)
| —
| style="background-color:#FFAEB9;" |{{collapsible list |title= 24
|1= [[Robert Anderson (New Zealand politician)|Robert Anderson]]
|2= [[Jeff Grant]]
|3= [[Ian McLean (politician)|Ian McLean]]
|4= [[Rob Storey]]
|5= [[Warren Cooper]]
|6= [[Doug Kidd]]
|7= [[Simon Upton]]
|8= [[Wyatt Creech]]
|9= [[Warren Kyd]]
|10= [[Katherine O'Regan]]
|11= [[Merv Wellington]]
|12= [[Winston Peters]]
|13= [[John Falloon]]
|14= [[John Luxton]]
|15= [[Ruth Richardson]]
|16= [[John Carter (New Zealand politician)|John Carter]]
|17= [[Doug Graham]]
|18= [[Murray McCully]]
|19= [[Robin Gray (New Zealand politician)|Robin Gray]]
|20= [[Roger Maxwell (politician)|Roger Maxwell]]
|21= [[Don McKinnon]]
|22= [[George Gair]]
|23= [[Jim Gerard]]
|24= [[Roger McClay]]
}}
|-
! colspan=2| [[New Zealand House of Representatives#Debates and votes|Tellers]]{{efn|name=tellers}}
| [[Jack Elder (politician)|Jack Elder]] and [[Colin Moyle]]
| [[John Falloon]] and [[John Luxton]]
|-
! colspan=2| Totals
! 32
! 24
|}
=== Present day ===
{{wikisource|New Zealand Bill of Rights Act}}
In its current form, the Bill of Rights is similar to the [[Canadian Bill of Rights]], passed in 1960. The Act does create an atmospheric change in New Zealand law in that it provides judges the means to "interpret around" other acts to ensure enlarged liberty interests. The Bill of Rights has a liberty-maximising clause much like the [[Ninth Amendment to the United States Constitution]], and this provides many opportunities for creative interpretation in favour of liberties and rights.
==Application of the Act==
The Act applies only to acts done by the three branches of government (the legislature, executive and judiciary) of New Zealand, or by any person or body in the "performance of any public function, power, or duty" imposed by the law.<ref>{{Cite Legislation NZ|link_name=nzbora1990241|legislation_type=act|legislation_title=New Zealand Bill of Rights Act 1990|legislation_number=1990 No 109|clause=3}}</ref>
In section 4 of the Act, it explicitly denies the Bill of Rights any supremacy over other legislation. The section states that Courts looking at cases under the Act cannot implicitly repeal or revoke, or make invalid or ineffective, or decline to apply any provision of any statute made by parliament, whether before or after the Act was passed because it is inconsistent with any provision of this Bill of Rights. However, in contrast, where another Act can be interpreted that is consistent with the Bill of Rights, the courts are obliged to use the most consistent interpretation through section 6 of the Act.<ref>{{Cite Legislation NZ|link_name=nzbora1990241|legislation_type=act|legislation_title=New Zealand Bill of Rights Act 1990|legislation_number=1990 No 109|clause=4 and 6}}</ref>
Further, in section 5, one of the core provisions in the Act allows for 'justified limitations' on the rights guaranteed throughout the Bill of Rights. It says that the rights are "subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society", which is the same wording as in [[Canadian Charter of Rights and Freedoms|Canada's Charter of Rights and Freedoms]].<ref>{{Cite Legislation NZ|link_name=nzbora1990241|legislation_type=act|legislation_title=New Zealand Bill of Rights Act 1990|legislation_number=1990 No 109|clause=5}}</ref>
=== Reports of the attorney-general ===
{{See also|Bills reported as inconsistent with the New Zealand Bill of Rights Act 1990}}
Under section 7 of the Act, the [[Attorney-General (New Zealand)|attorney-general]] is legally required to draw the attention of parliament to the introduction of any bill that is inconsistent with the Bill of Rights.<ref>{{Cite Legislation NZ|link_name=nzbora1990241|legislation_type=act|legislation_title=New Zealand Bill of Rights Act 1990|legislation_number=1990 No 109|clause=7}}</ref> The [[Ministry of Justice (New Zealand)|Ministry of Justice]], which prepares this advice for the attorney-general, requires a minimum of two weeks to review draft legislation.<ref>{{cite journal |last1=Patel |first1=Nilay B. |title=Strengthening Section 7 of the New Zealand Bill of Rights Act |journal=Australasian Parliamentary Review |date=Spring 2007 |volume=22 |issue=2 |page=60 |url=https://www.aspg.org.au/wp-content/uploads/2017/09/04-PATEL-NZ-BILL-OF-RIGHTS.pdf |access-date=13 February 2023}}</ref>
==Rights guaranteed by the Act ==
===Life and the security of the person===
The Act guarantees a range of rights as part of the [[right to life]] and [[security of person]] in sections 8 to 11 to every person.<ref name=":5">{{Cite Legislation NZ|link_name=nzbora1990241|legislation_type=act|legislation_title=New Zealand Bill of Rights Act 1990|legislation_number=1990 No 109|clauses=8 to 11}}</ref>
These are, the right not to be deprived of life except in accordance with [[fundamental justice]]. Furthermore, that every person has a right in section 8 not to be subjected to [[torture]] or to [[cruel and unusual punishment|cruel, degrading, or disproportionately severe treatment or punishment]]. In addition, it guarantees the right not to be subject to [[Clinical trial|medical or scientific experimentation]] without consent, and the right to refuse to undergo any [[Therapy|medical treatment]], except where a person is [[Involuntary commitment|involuntarily committed]].<ref name=":5" />
===Democratic and civil rights===
The Act guarantees two fundamental electoral rights in section 12 for New Zealand citizens who are of or over the age of 18. Firstly, it guarantees the right to vote in elections to elect members of the [[New Zealand Parliament]], guaranteeing that they are held by [[Suffrage|equal suffrage]] and [[secret ballot]]. Secondly, it guarantees the right to become a member of the [[New Zealand House of Representatives]].<ref>{{Cite Legislation NZ|link_name=nzbora1990241|legislation_type=act|legislation_title=New Zealand Bill of Rights Act 1990|legislation_number=1990 No 109|clause=12}}</ref>
Furthermore, in section 13, the Act guarantees everyone the right to [[freedom of thought]], [[Freedom of conscience|conscience]], [[Freedom of religion|religion and belief]], including the right to adopt and hold opinions without interference.<ref>{{Cite Legislation NZ|link_name=nzbora1990241|legislation_type=act|legislation_title=New Zealand Bill of Rights Act 1990|legislation_number=1990 No 109|clause=13}}</ref> The Act also guarantees, in section 15, everyone the right to manifest their [[Religion|religion or belief]] in [[worship]], observance, practice, or teaching, either individually or in a community with others, and either in public or in private.<ref>{{Cite Legislation NZ|link_name=nzbora1990241|legislation_type=act|legislation_title=New Zealand Bill of Rights Act 1990|legislation_number=1990 No 109|clause=15}}</ref>
In addition, in section 14, it confirms a right to [[Freedom of speech|freedom of expression]], which includes the [[Freedom of information|freedom to seek, receive and impart information and opinions]] of any kind and in any form.<ref>{{Cite Legislation NZ|link_name=nzbora1990241|legislation_type=act|legislation_title=New Zealand Bill of Rights Act 1990|legislation_number=1990 No 109|clause=14}}</ref> The [[Right to protest|right of peaceful assembly]] is also guaranteed by section 16 and the right to [[freedom of association]] is guaranteed in section 17.<ref>{{Cite Legislation NZ|link_name=nzbora1990241|legislation_type=act|legislation_title=New Zealand Bill of Rights Act 1990|legislation_number=1990 No 109|clauses=16 and 17}}</ref>
The right to [[Freedom of movement|freedom of movement and residence]] is also guaranteed in section 18, with New Zealand citizens given the right to enter New Zealand, and everyone else the right to leave New Zealand. It also guarantees that non-New Zealand citizens who are lawfully in New Zealand have a right to not be [[Deportation|required to leave]] except under a decision taken under grounds prescribed in law.<ref>{{Cite Legislation NZ|link_name=nzbora1990241|legislation_type=act|legislation_title=New Zealand Bill of Rights Act 1990|legislation_number=1990 No 109|clause=18}}</ref>
=== Non-discrimination and the rights of minorities ===
Rights of [[Minority group|ethnic, religious and linguistic minorities]] are also guaranteed, with section 20 of the Act providing protection against minorities, individually and as part of their community, being denied the right to enjoy their culture, profess and practice their religion, or to use their language.<ref>{{Cite Legislation NZ|link_name=nzbora1990241|legislation_type=act|legislation_title=New Zealand Bill of Rights Act 1990|legislation_number=1990 No 109|clause=20}}</ref>
===Search, arrest and detention===
Everyone is guaranteed under the Act in section 21 a [[Unreasonable search and seizure in New Zealand|right to be secure from unreasonable search or seizure]] of the person, their property and correspondence.<ref>{{Cite Legislation NZ|link_name=nzbora1990241|legislation_type=act|legislation_title=New Zealand Bill of Rights Act 1990|legislation_number=1990 No 109|clause=21}}</ref> The [[Arbitrary arrest and detention|right against arbitrary arrest and detention]] is also guaranteed by section 22.<ref>{{Cite Legislation NZ|link_name=nzbora1990241|legislation_type=act|legislation_title=New Zealand Bill of Rights Act 1990|legislation_number=1990 No 109|clause=22}}</ref>
People who are arrested or detained are guaranteed a set of rights relating to their arrest or detention in section 23 of the Act. These are the right to be informed of the reason for the arrest or detention at the time it occurs, the [[Right to counsel|right to consult and instruct a lawyer]] without delay and to be informed of that right, and the right to challenge the validity of the arrest or detention without delay by [[habeas corpus]] and to be released if the arrest or detention is unlawful. Furthermore, everyone arrested or detained has the right to be treated with humanity and dignity, and the [[Right to silence|right to refrain from making any statement]] and to be informed of that right. In addition, people who are arrested for a crime have both a right to be charged promptly or to be arrested, and those who are not released have a right to be promptly brought before a court or tribunal.<ref>{{Cite Legislation NZ|link_name=nzbora1990241|legislation_type=act|legislation_title=New Zealand Bill of Rights Act 1990|legislation_number=1990 No 109|clause=23}}</ref>
=== Criminal procedure ===
Everyone who is charged with an offence is guaranteed a set of rights under section 24 of the Act. They are guaranteed the right to be informed promptly and in detail the nature and reasoning of the charge, to be released under reasonable terms and conditions unless there is a just cause to continue their detention, the right to consult a lawyer and to adequate time and facilities to prepare a defence, the right to a lawyer without a cost if it is in the interests of justice and the person does not have the funds to pay for legal assistance, and the right to a free interpreter if the person cannot understand or speak the language used in court.<ref name=":6">{{Cite Legislation NZ|link_name=nzbora1990241|legislation_type=act|legislation_title=New Zealand Bill of Rights Act 1990|legislation_number=1990 No 109|clause=24}}</ref>
Furthermore, everyone charged has a right to a trial by jury if the offence they are charged with carries a term of imprisonment of 2 years or longer. However, this right does not apply to people being tried by a military tribunal under [[Military justice|military law]].<ref name=":6" />
=== Fair trial ===
Everyone who is charged with a crime is guaranteed with a set of rights to ensure their [[Right to a fair trial|fair trial]] as a [[defendant]] by section 25 of the Act. These rights are, the right to a fair and public hearing by an independent and impartial court, the right to be tried without an undue delay, the [[Presumption of innocence|right to a presumption of innocence]], the protection against self-incrimination through the right not to be compelled to be a witness or profess guilt.<ref name=":7" />
Furthermore, the defendant has the right to be present at their own trial and present a defence, the right to examine the [[Prosecutor|prosecution's]] [[Witness|witnesses]] and to call their own witnesses, the [[Ex post facto law|right to retroactive application of the more lenient law]], the [[Appeal|right to appeal]] their conviction or sentence to a higher court, and the right for a child to be tried in a manner that is appropriate for their age.<ref name=":7" />
=== Double jeopardy and natural justice ===
[[Double jeopardy]] is covered in section 26 of the Act, which guarantees that no one should be held liable for an act or [[Omission (law)|omission]] that at the time it occurred, was not an offence. This protects people from being charged under new crimes for acts or omissions they committed prior to the new crime existing. Furthermore, the protects people from being tried or punished for a crime that they have already been finally convicted, pardoned, or acquitted for.<ref>{{Cite Legislation NZ|link_name=nzbora1990241|legislation_type=act|legislation_title=New Zealand Bill of Rights Act 1990|legislation_number=1990 No 109|clause=26}}</ref>
Everyone is granted the right, in section 27, to the observance of the principles of [[natural justice]] by any tribunal or other public authority that has the power to make a determination regarding a person's rights, obligations, or interests that are protected or recognised by law. Furthermore, every person also has the right to bring [[Civil law (common law)|civil proceedings]] against, and to defend civil proceedings brought by, [[The Crown#New Zealand|the Crown]], and to have those proceedings heard, according to law, in the same way as civil proceedings between individuals.<ref>{{Cite Legislation NZ|link_name=nzbora1990241|legislation_type=act|legislation_title=New Zealand Bill of Rights Act 1990|legislation_number=1990 No 109|clause=27}}</ref>
==Important court cases==
A large number of cases have been heard under the Act since it was passed in 1990, mostly pertaining to rights around arrest and detention.
In 1993, the [[Court of Appeal of New Zealand|Court of Appeal]] held in the ''[[Flickinger v Crown Colony of Hong Kong]]'' case that section 66 of the ''Judicature Act 1908,'' which denied the right of appeal in extradition cases such as this one, was to be interpreted in light of section six of the Act. Nonetheless, the Court held in this case the Bill of Rights had not been breached, and the appellant, Flickinger, had to return to Hong Kong to face charges.<ref>''Flickinger v Crown Colony of Hong Kong'' [1991] 1 NZLR 439.</ref>
In 1994, the Court of Appeal heard ''[[Simpson v Attorney-General]]'' (also known as ''Baigent's case''), the plaintiffs represented by leading human rights barrister [[Antony Shaw]] alleged that police officers had persisted in bad faith with the search of the late Mrs Baigent's house when they knew that her property had been mistakenly named in a search warrant issued for a drug dealers' house. The plaintiffs sued on the grounds the police breached section 21 of the Act, which provides for the right to be secure against unreasonable search and arrest.
In the case, four out of five of the Court of Appeal's benches held that the fact that the Bill of Rights did not include a specific remedies section did not mean parliament did not intend to compensate for breaches of the Act, and that for the case the Bill of Rights had to be interpreted in light of New Zealand's obligations under the [[ICCPR]]. They further held that the courts could award remedies for breaches of the bill of right and determined the liability of breaches of the Bill of Rights fell on the [[The Crown|Crown]].<ref name=":4">{{Cite NZLII|litigants=Simpson v Attorney General|link=Simpson v Attorney-General|court=NZHC|year=1993|num=350|parallelcite=[1994] 3 NZLR 667|commonname=Baigent's case}}</ref>
In 2003, Paul Hopkinson, a Wellington schoolteacher, [[Flag desecration|burned]] the [[Flag of New Zealand]] as part of a protest in Parliament grounds at the New Zealand Government's hosting of the [[Prime Minister of Australia]], against the background of Australia's support of the United States in its [[Iraq War|war in Iraq]]. Hopkinson was initially convicted in ''[[Hopkinson v Police]]'' under [[Flags, Emblems, and Names Protection Act 1981]] of destroying a New Zealand flag with intent to dishonour it but appealed against his conviction. On appeal, his conviction was overturned on the grounds that the law had to be read consistently with the right to freedom of expression under the Bill of Rights. This meant that his actions were not unlawful because the word dishonour in the Flags, Emblems and Names Protection Act 1981 had many shades of meaning and, when the least restrictive meaning of that word was adopted, Hopkinson's actions did not meet that standard. This somewhat unusual result was due in part to the fact that the Bill of Rights does not overrule other laws.<ref>{{Cite NZLII|litigants=Hopkinson v Police|court=NZCA|year=2004|num=160|parallelcite=[2004] 3 NZLR 704}}</ref>
===Other cited cases===
* [[Neilson v A-G]]
* [[Whithair v A-G]]
==Remedies==
The Act does not provide express remedies for when one of the rights contained in the Act has been breached. Despite this, the Court of Appeal has held on several occasions that it has the jurisdiction to develop remedies as it sees fit.<ref name=":4" /> The focus remedies under the Act is to provide vindication in such a way that upholds the importance of the right, rather than invokes punishment for its breach.<ref name=":3">{{Cite NZLII|litigants=Taunoa v Attorney-General|link=Taunoa v Attorney-General|court=NZSC|year=2007|num=70|parallelcite=[2008] 1 NZLR 462}}</ref> As such, court decisions can often include a combination of remedies in order for the breached right to be properly vindicated.<ref name=":4" />
===Exclusion of evidence===
A common remedy under the Act is that the evidence obtained through breaching a right is inadmissible in court. This initially developed in the courts as a presumption of exclusion but was subsequently lessened to a balancing exercise where various factors are weighed up to determine the admissibility of evidence tainted by a breach of the Act.<ref>''R v Shaheed'' [2002] 2 NZLR 377.</ref> This remedy is now reflected in section 30 of the Evidence Act 2006.<ref>{{Cite Legislation NZ|link_name=ea200680|legislation_type=act|legislation_title=Evidence Act 2006|legislation_number=2006 No 69|clause=30}}</ref>
===Reduction in sentence===
A reduction in sentence can be granted as a remedy in cases where section 25(b) of the Act has been breached: the right to be tried without undue delay.<ref name=":7">{{Cite Legislation NZ|link_name=nzbora1990241|legislation_type=act|legislation_title=New Zealand Bill of Rights Act 1990|legislation_number=1990 No 109|clause=25}}</ref> In ''Williams v R'' [2009] NZSC 41, the Supreme Court held that a reduction in sentence was a more appropriate remedy than a [[stay of proceedings]], except for extremely minor offending.<ref>{{Cite NZLII|litigants=Williams v R|court=NZSC|year=2009|num=41|paragraph=18}}</ref>
===Costs===
The regular rule that costs will follow the event is not always the case under the Act. In some cases, the court can reduce costs for claims under the Act that were worthy, even if they were ultimately unsuccessful.<ref>{{Cite NZLII|litigants=Wong v Registrar of the Auckland High Court|court=NZHC|year=2008|num=231|parallelcite=(2008) 19 PRNZ 32}}</ref>
===Compensation===
In ''[[Simpson v Attorney-General]]'', the Court of Appeal awarded compensation under the Act. This was a new remedy under the Act. In this case, the plaintiffs were seeking damages for a search warrant executed on their place of residence that was obtained on the basis of incorrect information. The police were informed that the warrant was based on false information, but they continued with the search nonetheless.<ref>{{Cite NZLII|litigants=Simpson v Attorney General|link=Simpson v Attorney-General|court=NZHC|year=1993|num=350|parallelcite=[1994] 3 NZLR 667|paragraph=44|commonname=Baigent's case}}</ref> The Court of Appeal held that the Court had an inherent jurisdiction to develop remedies under the Act, and that compensation was an appropriate remedy in this case. Cooke P stated that the court would "fail in our duty if we did not give an effective remedy to a person whose legislatively affirmed rights have been infringed".<ref name=":4" /> The Court of Appeal thus held that there is a public law action available against the Crown for a breach of the Act. It is likely to only be available to those who do not attain a suitable alternative remedy for a breach of the Act.<ref name=":4" />
Compensation under Act is discretionary and the Supreme Court of New Zealand has emphasised that it is just one of many public law remedies and that non-monetary remedies will often be more appropriate.<ref name=":3" /> Indeed, there are relatively few examples of where compensation for violations of the Bill of Rights have been awarded.<ref>''Upton v Green'' (No 2) (1996) 3 HRNZ 179; ''Binstead v Northern Region Domestic Violence (Programmes) Approval Panel'' [2000] NZAR 865; ''Brown v Attorney-General'' [2005] 2 NZLR 405</ref> In ''Udompun v Attorney General,'' Justice [[Susan Glazebrook|Glazebrook]] of the Court of Appeal stated that monetary compensation will not be awarded where a more suitable remedy exists.<ref>{{Cite NZLII|litigants=Attorney-General v Udompun|court=NZCA|year=2005|num=128}}</ref> Most significantly, in ''Taunoa v Attorney-General'' the Supreme Court of New Zealand awarded compensatory damages for breaches of the Bill of Rights by the Department of Corrections' Behaviour Management Regime.<ref name=":3" />
====Exemplary damages====
It is often cited that [[exemplary damages]] are an inappropriate remedy under the Act, because the focus should be on compensation rather than punishment.<ref>''Small v Attorney-General'' (2000) 6 HRNZ 218 (HC).</ref> Exemplary damages were awarded in ''Archbold v Attorney-General'' [2003] NZAR 563, but William Young J qualified this remedy by stating that he would alternatively have awarded the same amount as public law compensation for the breach. Whether a court can award exemplary damages for a public claim of a breach of the Act is therefore uncertain.<ref>{{Cite NZLII|litigants=S v Attorney-General|court=NZCA|year=2003|num=149|parallelcite=[2003] 3 NZLR 450}}</ref>
===Declaration of inconsistency===
A declaration of inconsistency is a remedy in the form of a formal declaration by a court of law that legislation is inconsistent with a right contained in the Act. It was first made available as a remedy following the litigation in ''[[Taylor v Attorney-General]]'' [2015] 3 NZLR.
The first suggestion that a declaration of inconsistency could be available was in 1992.<ref>F M Brookfield “Constitutional Law” [1992] NZ Recent Law Review 231.</ref> Following this, ''Temese v Police'' (1992) C CRNZ 425 and ''Quilter v Attorney-General'' (1998) 1 NZLR 153 both suggested that it could be available in the appropriate case, but fell short of making a declaration. In ''Moonen v Film and Literature Board of Review'' [2000] 2 NZLR 9, Tipping J stated that the courts had a duty to indicate when legislation was inconsistent with the New Zealand Bill of Rights Act 1990, but it was unclear whether he meant a formal declaration of inconsistency or a mere indication of inconsistency contained within the judgment. In ''R v Poumako'' [2000] 2 NZLR 695, Thomas J dissented by making a formal declaration of inconsistency. It followed in ''Zaoui v Attorney-General'' [2005] 1 NZLR 577 that the Court held that ''Moonen'' and ''Poumako'' had established a jurisdiction for courts to issue a formal declaration of inconsistency. However, in ''R v Hansen'' [2007] NZSC 7, while the Court of Appeal established that courts could inquire into the consistency of legislation with the New Zealand Bill of Rights Act 1990, they did not make a formal declaration of inconsistency.
In July 2015, Heath J at the High Court of Auckland in ''Taylor v Attorney-General'' issued a formal declaration of inconsistency that an electoral law amendment introduced by the [[Fifth National Government of New Zealand|Fifth National Government]] that removed the ability of inmates voting rights (section 80(1)(d) Electoral Act 1993) was an unjustified limitation under section 12(a) of the Act, which prescribes voting rights to all citizens aged 18 years and over.<ref>{{Cite NZLII|litigants=Taylor v Attorney-General|link=Taylor v Attorney-General|court=NZHC|year=2015|num=1706|paragraph=112}}</ref> This was the first declaration of inconsistency in New Zealand.
This was appealed to the [[Court of Appeal of New Zealand|Court of Appeal]] by the [[Attorney-General (New Zealand)|Attorney-General]] who argued that the Court had no jurisdiction to issue a declaration of inconsistency unless it was expressly authorised by legislation, the Court of Appeal called this a "bold argument"<ref>{{Cite NZLII|litigants=Attorney-General v Taylor|link=|court=NZCA|year=2017|num=1706|pinpoint=|paragraph=41}}</ref> and said that "inconsistency between statutes is a question of interpretation...and it lies within the province of the courts."<ref>{{Cite NZLII|litigants=Attorney-General v Taylor|court=NZCA|year=2017|num=1706|pinpoint=62}}</ref> Furthermore [[Speaker of the New Zealand House of Representatives|Speaker of the House]] [[David Carter (politician)|David Carter]] in the case challenged the use of parliamentary proceedings in the High Court decision and argued that this was a breach of [[parliamentary privilege]].<ref name=":0" /> In its ruling, concluded that no breach of parliamentary privilege occurred and that senior courts had the jurisdiction to make a declaration of inconsistency.<ref>{{Cite NZLII|litigants=Attorney-General v Taylor|court=NZCA|year=2017|num=215|pinpoint=34 and 146}}</ref> This was then further appealed by the Attorney-General to the [[Supreme Court of New Zealand|Supreme Court]] which dismissed the appeal and upheld the judgment by the Court of Appeal.<ref name=":1" /> As such, declarations of inconsistency are an available remedy under the Act.
On 29 August 2022, the New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022 received [[Royal assent]] and commenced on the same day. The amendment act introduced a legal requirement for the Attorney-General to notify parliament when a declaration of inconsistency is made, and further that the responsible [[Minister of the Crown|Minister]] must present a report to parliament that details the [[New Zealand Government|government's]] response to the declaration.<ref name=":2" /> On 21 November 2022, the Supreme Court in ''[[Make It 16 Incorporated v Attorney-General]]'' affirmed the jurisdiction confirmed by the court in ''Attorney-General v Taylor'' and noted the passing of the amendment act.<ref>{{Cite NZLII|litigants=Make It 16 Incorporated v Attorney-General|link=Make It 16 Incorporated v Attorney-General|court=NZSC|year=2022|num=134|paragraph=2}}</ref>
===Other remedies===
Several other remedies were suggested to be available in ''R v Taylor'' (1996) 14 CRNZ 426. These included a reduction in the penalty, police disciplinary proceedings, criminal prosecution, a declaration, or future-looking relief.<ref>''R v Taylor'' [1997] 1 NZLR 399.</ref> Other remedies have included special jury directions, and orders that witness testimony be disregarded.<ref>''R v Darwish'' [2006] 1 NZLR 688.</ref> It can often depend on the nature of the right breached as to what remedy will be appropriate to vindicate that breach.<ref name=":3" />
===The future of Bill of Rights remedies===
Article 2(3) of the [[International Covenant on Civil and Political Rights]] requires parties to the treaty to ensure that any person whose rights and freedoms have been breached to have an effective remedy. It is often argued by New Zealand academics that the lack of express remedies in the New Zealand Bill of Rights Act 1990 does not meet this requirement.<ref>Anthony Mason "Human Rights: Interpretation, Declarations of Inconsistency and the Limits of Judicial Power" (2011) 9 NZJPIL 1.</ref> One such express remedy is a judicial power to strike down legislation that is inconsistent with the Act. This is similar to the powers of the Court under the [[Canadian Charter of Rights and Freedoms]].
It is an ongoing conversation amongst legal academics in New Zealand as to whether there should be an entrenched constitutional Bill of Rights that gives the court the power to strike down inconsistent legislation.<ref>{{Cite book |last=Joseph |first=Philip A |title=Constitutional and administrative law in New Zealand |date=2014 |publisher=Brookers Ltd |isbn=978-0-86472-843-2 |editor-last= |editor-first= |edition=4th |location=Wellington}}</ref> This would provide a remedy to breaches of the Act as the courts could uphold the right, rather than finding it to be subservient to the contradictory legislation under section 4. The [[UN Human Rights Committee]] criticised New Zealand for the lack of court power to strike down legislation inconsistent with the Act. They equated this lack of power with a lack of human rights protection.<ref>''[http://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2fPPRiCAqhKb7yhstky1HJJMM0R%2bg124Xadhh68naPWV2k8dZAlFF8ilyRoMnuWaZwXPzS4G12gLHCuxo3kapjnqxVj1ST7pjwRrUxquesCZpHp9rIKn1%2fjgaVr Concluding Observations of the United Nations Human Rights Committee: New Zealand]'' (28 April 2016) CCPR/CO/NZL/6 at 10(c).</ref> Geoffrey Palmer and Andrew Butler published a book in 2016 entitled ''A Constitution for Aotearoa New Zealand'' that laid out a proposed entrenched bill of rights, including a judicial power of strike down.<ref>{{Cite book |last=Palmer |first=Geoffrey W. R. |title=A constitution for Aotearoa New Zealand |last2=Butler |first2=Andrew S. |date=2016 |publisher=Victoria University Press |isbn=978-1-77656-086-8 |edition=First published |location=Wellington}}</ref> This was intended to start a conversation in New Zealand as to whether entrenching their Bill of Rights in a constitution was the way forward.
The resistance to an entrenched Bill of Rights in New Zealand is partly because the country is currently governed by parliamentary sovereignty. Giving the courts the power to strike down Parliament's legislation would be contrary to the doctrine of [[parliamentary supremacy]].<ref>{{Cite web |last=Geiringer |first=Claudia |title=On a Road to Nowhere: Implied Declarations of Inconsistency and the New Zealand Bill of Rights Act [2009] VUWLawRw 33; (2009) 40(3) Victoria University of Wellington Law Review 613 |url=http://www.nzlii.org/nz/journals/VUWLawRw/2009/33.html |url-status=live |archive-url=https://web.archive.org/web/20170902182955/http://www.nzlii.org/nz/journals/VUWLawRw/2009/33.html |archive-date=2 September 2017 |access-date=2 September 2017 |website=nzlii.org}}</ref> There is also resistance because the protection of human rights is not regarded as the courts' responsibility, but instead seen as requiring involvement by all branches of government.<ref>{{Cite web |last=Butler |first=Petra |title=15 years of the NZ Bill of Rights: Time to Celebrate, Time to Reflect, Time to Work Harder? |url=https://www.victoria.ac.nz/law/centres/nzcpl/publications/human-rights-research-journal/previous-issues/volume-four,-2006/Butler.pdf}}</ref>
==See also==
*[[Constitution of New Zealand]]
*[[New Zealand Human Rights Commission]]
== External links ==
* [http://legislation.govt.nz/act/public/1990/0109/latest/whole.html New Zealand Bill of Rights Act 1990]
* [http://www.justice.govt.nz/pubs/other/pamphlets/bill_of_rights/bill_rights.pdf Ministry of Justice pamphlet on the Bill of Rights (PDF)]
* [http://www.publicaddress.net/default,3023.sm#post Public Address: A Clayton's Bill of Rights]
* [http://subs.nzherald.co.nz/section/1/story.cfm?c_id=1&objectid=10398300 New Zealand Herald: Bill of Rights unlikely to grow up]
* [http://constitutionaotearoa.org.nz A Constitution for Aotearoa New Zealand]
== Notes ==
<references group="lower-alpha" />
==References==
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[[Category:Constitution of New Zealand]]
[[Category:National human rights instruments]]
[[Category:Statutes of New Zealand]]
[[Category:1990 in New Zealand law]]
[[Category:Human rights in New Zealand]]