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The New Zealand Bill of Rights Act 1990 is an enactment of the New Zealand Parliament setting out the rights and fundamental freedoms of the citizens of New Zealand. It is part of New Zealand's unwritten constitution. The New Zealand Parliament is the legislative body of the New Zealand government. ...
Image File history File links Coat_of_arms_of_New_Zealand. ...
The long title (properly, the title) is one of the parts, together with the short title, and the operative provisions (sections and Schedules), which comprise an Act of Parliament or Bill in the United Kingdom and certain other Commonwealth Realms. ...
The International Covenant on Civil and Political Rights is a United Nations treaty based on the Universal Declaration of Human Rights, created in 1966 and entered into force on 23 March 1976. ...
The granting of Royal Assent is the formal method by which the Sovereign of the United Kingdom, or the Sovereigns representative in Commonwealth Realms, completes the process of the enactment of legislation by formally assenting to an Act of Parliament. ...
1993 (MCMXCIII) was a common year starting on Friday of the Gregorian calendar and marked the Beginning of the International Decade to Combat Racism and Racial Discrimination (1993-2003). ...
The New Zealand Parliament is the legislative body of the New Zealand government. ...
History In 1985 a White Paper entitled "A Bill of Rights for New Zealand", was tabled in Parliament by the then Minister of Justice, Hon Geoffrey Palmer. The paper proposed an entrenched Act that was supreme law. This article is about the year. ...
State sector organisations in New Zealand are as follows: // Parliamentary Offices Office of the Controller and Auditor-General (Tumuaki o te Mana Arotake) Office of the Ombudsmen (Nga Kaitiaki Mana Tangata) Office of the Parliamentary Commissioner for the Environment (Te Kaitiaki Taiao a Te Whare PÄremata Aotearoa) Departments Public...
The Right Honourable Sir Geoffrey Winston Russell Palmer, AC, KCMG (born 21 April 1942), served as Prime Minister of New Zealand from August 1989 until September 1990, leading the Labour Party. ...
Application of the Bill of Rights The Act applies only to acts done by the three branches of government (the legislature, executive and judiciary) of New Zealand, or any body in the "performance of any public function, power, or duty" created by the law (Section 3).
Under section 4, the application of the Act grants the Courts the power to rule any provision of an enactment to be "impliedly repealed or revoked", or to be in any way invalid or ineffective; or decline to apply any provision of this enactment by reason only that the provision is inconsistent with any provision of this Bill of Rights. However, section 5 allows for "Justified Limitations" on this power. The Rights guaranteed by the Act are therefore "subject only to such reasonable limits prescribed by law as can be demonstrably justified justified in a free and democratic society". Section 6 ensures that where an interpretation of an Act has a meaning that is consistent with the Act, that meaning shall be preferred to any other meaning.
Section 7 Reports Section 7 of the Act requires the Attorney-General to draw to the attention of Parliament the introduction of any Bill that is inconsistent with the Act. The Ministry of Justice, which prepares this advice for the Attorney-General, requires a minimum of two weeks to review the draft legislation. In most common law jurisdictions, the Attorney General or Attorney-General is the main legal adviser to the government, and in some jurisdictions may in addition have executive responsibility for law enforcement or responsibility for public prosecutions. ...
Civil and Political Rights Part II of the Act covers a broad range of Civil and Political Rights.
Life and the Security of the Person The Act guarantees everyone: - The right not to be deprived of life (Section 8)
- The right not to be subjected to torture or to cruel, degrading, or disproportionately severe treatment or punishment (Section 9)
- the right not to be subjected to medical or scientific experimentation without consent (Section 10)
- The right to refuse to undergo any medical treatment (Section 11)
Democratic and Civil Rights Electoral Rights
The Act sets out the electoral rights of New Zealanders. The Act guarantees that every New Zealand citizen who is of or over the age of 18 years has: - The right to vote in elections of members of Parliament, which shall be held by equal suffrage and by secret ballot (Section 12(a))
- Has the right to become a member of the House of Representatives (Section 12(b))
Furthermore, the Act guarantees everyone: Freedom of Thought, Conscience, and Religion
The Polling by William Hogarth (1755); Before the secret ballot was introduced voter intimidation was commonplace Wikisource has original text related to this article: A History of the Australian Ballot System in the United States The secret ballot is a voting method in which a voters choices are confidential. ...
- The right to freedom of thought, conscience, religion, and belief, including the right to adopt and hold opinions without interference (Section 13)
Freedom of expression - The right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form (Section 14)
Religion and Belief - The right to manifest that person's religion or belief in worship, observance, practice, or teaching, either individually or in community with others, and either in public or in private (Section 15)
Assembly - The right of peaceful assembly (Section 16)
Association - The right to freedom of association (Section 17)
Movement - The right to freedom of movement and residence in New Zealand. (Section 18(1))
The Act guarantees to every New Zealand citizen: - The right to enter New Zealand (Section 18(2))
The Act guarantees everyone: - The right to leave New Zealand (Section 18(3))
The Act also (Section 18(4)) ensures that non-New Zealand citizens lawfully in New Zealand shall not be required to leave except under a decision taken on grounds prescribed by law.
Non-Discrimination and Minority Rights Section 19 of the Act guarantees freedom from discrimination, on the grounds of discrimination set out in the Human Rights Act 1993.
Search, Arrest, and Detention The Act guarantees everyone: - The right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence, or otherwise (Section 21)
- The right not to be arbitrarily arrested or detained (Section 22)
Everyone who is arrested or who is detained has the right to: - Be informed at the time of the arrest or detention of the reason for it; and
- Consult and instruct a lawyer without delay and to be informed of that right; and
- Have the validity of the arrest or detention determined without delay by way of habeas corpus and to be released if the arrest or detention is not lawful.
Everyone who is arrested for an offence has the right to be charged promptly or to be released. Everyone who is arrested or detained for any offence or suspected offence shall have the right to: For other uses, see Habeas corpus (disambiguation). ...
- Refrain from making any statement and to be informed of that right.
Everyone deprived of liberty has the right to be treated with humanity and with respect for the inherent dignity of the person (Section 23) Criminal Justice The Act requires that everyone who is charged with an offence: - Shall be informed promptly and in detail of the nature and cause of the charge; and
- Shall be released on reasonable terms and conditions unless there is just cause for continued detention; and
- Shall have the right to consult and instruct a lawyer; and
- Shall have the right to adequate time and facilities to prepare a defence; and
- Shall have the right, except in the case of an offence under military law tried before a military tribunal, to the benefit of a trial by jury when the penalty for the offence is or or includes imprisonment for more than 3 months; and
- Shall have the right to receive legal assistance without cost if the interests of justice so require and the person does not have sufficient means to provide for that assistance; and
- Shall have the right to have the free assistance of an interpreter if the person cannot understand or speak the language used in court. (Section 24)
Fair Trial Everyone who is charged with an offence has the minimum right: - To a fair and public hearing by an independent and impartial court;
- To be tried without undue delay;
- To be presumed innocent until proved guilty according to law;
- To be compelled to be a witness or to confess guilt;
- To be present at the trial and to present a defence;
- To examine the witnesses for the prosecution and to obtain the attendance and examination of witnesses for the defence under the same conditions as the prosecution;
- If convicted of an offence in respect of which the penalty has been varied between the commission of the offence and sentencing, to the benefit of the lesser penalty;
- If convicted of the offence, to appeal according to the law to a higher court against the conviction or against the sentence or against both:
- In the case of a child, to be dealt with in a manner that takes account of the child's age (Section 25)
Double Jepordy Section 26 covers instances of double jepordy. The Act holds that: - No one shall be liable to conviction of any offence on account of any act or omission which did not constitute an offence by such person under the law of New Zealand at the time it occured.
- No one who has been finally acquitted or convicted of, or pardoned for, an offence shall be tried or punished for it again.
Remedies Section 27 of the Act guarantees everyone the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person's right, obligations, or interests protected or recognised by law. Every person also has the right to bring civil proceedings against, and to defend civil proceedings brought by, the Crown, and to have those proceedings heard, according to law, in the same way as civil proceedings between individuals.
See also The Treaty of Waitangi is an increasingly important source of constitutional law in New Zealand The constitution of New Zealand consists of a collection of statutes (Acts of Parliament), Treaties, Orders-in-Council, Letters patent, decisions of the Courts and unwritten constitutional conventions. ...
External links - NZ Legislation - New Zealand Bill of Rights Act 1990
- Ministry of Justice pamphlet on the Bill of Rights (PDF)
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