NZ Bill of Rights 1990

Refer to www.brookersonline.co.nz for access to all NZ laws – Bill of Rights is my favourite and the one the NZ government, executive (eg ACC, mental health services) and judiciary continually ignore.  I’m working on getting this gross injustice rectified using direct action and the red tape war.

 

New Zealand Bill of Rights Act 1990

1.    Short Title and commencement

Part 1   General provisions

2.    Rights affirmed

3.    Application

4.    Other enactments not affected

5.    Justified limitations

6.    Interpretation consistent with Bill of Rights to be preferred

7.    Attorney-General to report to Parliament where Bill appears to be inconsistent with Bill of Rights

Part 2    Civil and political rights

Life and security of the person

8.    Right not to be deprived of life

9.    Right not to be subjected to torture or cruel treatment

10.  Right not to be subjected to medical or scientific experimentation

11.  Right to refuse to undergo medical treatment

Democratic and civil rights

12.  Electoral Rights

13.  Freedom of thought, conscience and religion

14.  Freedom of expression

15.  Manifestation of religion and belief

16.  Freedom of peaceful assembly

17.  Freedom of association

18.  Freedom of movement

Non-discrimination and minority rights

19.  Freedom from discrimination

20.  Rights of minorities

Search, arrest and detention

21.  Unreasonable search and seizure

22.  Liberty of the person

23.  Rights of persons arrested or detained

24.  Rights of persons charged

25.  Minimum standards of criminal procedure

26.  Retroactive penalties and double jeopardy

27.  Right to justice

Part 3    Miscellaneous provisions

28.  Other rights and freedoms not affected

29.  Application to legal persons

An Act -

(a)  To affirm, protect and promot 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

BE IT ENACTED by the Parliament of New Zealand as follows:

1.    Short Title and commencement

(1)  This Act may be cited as the New Zealand Bill of Rights Act 1990

(2)  This Act shall come into force on the 28th day after the date on which it receives Royal assent

Part 1

General provisions

2.    Rights affirmed

The rights and freedoms contained in this Bill of Rights are affirmed.

3.   Applications

This Bill of Rights applies only to acts done -

(a)  By the legislative, executive or judicial branches of the government of New Zealand; or

(b)  By any person or body in the performance of any public function, power, or duty conferred or imposed on that person or body by or pursuant to law.

4.    Other enactments not affected

No court shall, in relation to any enactment (whether passed or made before or after the commencement of this Bill of Rights) -

(a)  Hold any provision of the enactment to be impliedly repealed or revoked, or to be in any way invalid or ineffective; or

(b)  Decline to apply any provision of the enactment by reason only that the provision is inconsistent with any provision of this Bill of Rights.

5.    Justified limitations

Subject to section 4 of this Bill of Rights, the rights and freedoms contained in the Bill of Rights may be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

6.    Interpretation consistent with Bill of Rights to be preferred

Wherever an enactment can be given a  meaning that is consistent with the rights and freedoms contained in this Bill of Rights, that meaning shall be preferred to any other meaning.

7.    Attorney-General to report to Parliament where Bill appears to be inconsistent with Bill of Rights

Where any Bill is introduced into the House of Representatives, the Attorney-General shall -

(a)  In the case of a Government Bill, on the introduction of that Bill; or

(b)  In any other case, as soon as practicable after the introduction of the Bill -

bring to the attention of the House of Representatives any provision in the Bill that appears to be inconsistent with any of the rights and freedoms contained in this Bill of Rights.

Part 2

Civil and political rights

Life and security of the person

8.    Right not to be deprived of life

No one shall be deprived of life except on such grounds as are established by law and are consistent with the principles of fundamental justice.

9.    Right not to be subjected to torture or cruel treatment

Everyone has the right not to be subjected to torture or to cruel, degrading or disproportionately severe treatment or punishment.

10.  Right not to be subjected to medical or scientific experimentation

Every person has the right not to be subjected to medical or scientific experimentation without that person’s consent.

11.  Right to refuse to undergo medical treatment

Everyone has the right to refuse to undergo any medical treatment.

Democratic and civil rights

12.  Electoral rights

Every New Zealand citizen who is of or over the age of 18 years -

(a)  Has the right to vote in genuine periodic elections of members of the House of Representatives, which elections shall be by equal suffrage and by secret ballot; and

(b)  Is qualified for membership of the House of Representatives

13.  Freedom of thought, conscience and religion

Everyone has the right to freedom of thought, conscience, religion and belief, including the right to adopt and hold opinions without interference.

14.  Freedom of expression

Everyone has the right to freedom of expression, including the freedom to see, receive and impart information and opinions of any kind in any form.

15.  Manifestation of religion and belief

Every person has 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.

16.  Freedom of peaceful assembly

Everyone has the right to freedom of peaceful assembly.

17.  Freedom of association

Everyone has the right to freedom of association.

18.  Freedom of movement

(1)  Everyone lawfully in New Zealand has the right to freedom of movement and residence in New Zealand

(2)  Every New Zealand citizen has the right to enter New Zealand

(3)  Everyone has the right to leave New Zealand

(4)  No one who is not a New Zealand citizen and who is lawfully in New Zealand shall be required to leave New Zealand except under a decision taken on grounds of prescribed by law.

19.  Freedom from discrimination

(1)  Everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993.

(2)  Measures take in good faith for the purpsoe of assisting or advancing persons or groups of persons disadvantaged because of discrimination that is unlawful by virtue of Part 2 of the Human Rights Act 1993 do not constitute discrimination.

20.  Rights of minorities

A person who belongs to an ethnic, religious, or linguistic minority in New Zealand shall not be denied the right, in community with other members of that minority, to enjoy the culture, to profess and practise the religion or to use the language of that minority.

Search, arrest and detention

21.  Unreasonable search and seizure

Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise.

22.  Liberty of the person

Everyone has the right not to be arbitarily arrested or detained.

23.  Rights of persons arrested or detained

(1)  Everyone who is arrested or who is detained under any enactment -

     (a)  Shall be informed at the time of the arrest or detention of the reason for it; and

     (b)  Shall have the right to consult and instruct a lawyer without delay and to be informed of the right; and

     (c)  Shall have the right to 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.

(2)  Everyone who is arrested for an offence has the right to be charged promptly or to be released.

(3)  Everyone who is arrested for an offence and is not released shall be brought as soon as possible before a court or competent tribunal.

(4)  Everyone who is -

     (a)  Arrested; or

     (b)  Detained under any enactment -

     for any offence or suspected offence shall have the right to refrain from making any statement and to be informed of that right.

(5)  Everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the person.

24  Rights of persons charged

Everyone who is charged with an offence -

(a)  Shall be informed promptly and in detail of the nature and cause of the charge; and

(b)  Shall be released on reasonable terms and conditions unless there is just cause for continued detention; and

(c)  Shall have the right to consult and instruct a lawyer; and

(d)  Shall have the right to adequate time and facilities to prepare a defence; and

(e)  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 includes imprisonment for more than 3 months; and

(f)  Shall have the right to receive legal assistance without cost if the interests of justice so require and the person does nto have sufficient means to provide for that assistance; and

(g)  Shall have the right to have the free assistance of an interpreter if the person cannot understand or speak the language used in court.

25.  Minimum standards of criminal procedure

Everyone who is charged with an offence has, in relation to the determination of the charge, the following minimum rights:

(a)  The right to a fair and public hearing by an independent and impartial court:

(b)  The right to be tried without undue delay:

(c)  The right to be presumed innocent until proved guilty according to law:

(d)  The right not to be compelled to be a witness or to confess guilt:

(e)  The right to be present at the trial and to present a defence:

(f)  The right 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:

(g)  The right, 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:

(h)  The right, if convicted of the offence, to appeal according to law to a higher court against the conviction or against the sentence or against both:

(i)  The right, in the case of a child, to be dealt with in a manner that takes account of the child’s age:

26.  Retroactive penalties and double jeopardy

(1)  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 occurredl.

(2)  No one who has been finally acquitted or convicted of, or pardoned for, an offence shall be tried or punished for it again.

27.  Right to Justice

(1)  Every person has 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 rights, obligations, or interests protected or recognised by law.

(2)  Every person whose rights, obligations, or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination.

(3)  Every person 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 idividuals.

Part 3

Miscellaneous provisions

28.  Other rights and freedoms not affected

An existing right or freedom shall not be held to be abrogated or restricted by reason only that the right or freedom is not included in this Bill of Rights or is included only in part.

29.  Application to legal persons

Except where the provisions of this Bill of Rights otherwise provide, the provisions of this Bill of Rights apply, so far as practicable, for the benefit of all legal persons as well as for the benefit of all natural persons.

This Act is administered in the Ministry of Justice.

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