New Zealand Bill of Rights Act: A Commentary, 2nd edition, is the authoritative text on the law relating to the New Zealand Bill of Rights Act 1990. Written in a lively style, the commentary contains a detailed analysis of this short but important piece of constitutional legislation.
Each chapter of the book follows a pattern of outlining similar provisions in comparable human rights systems (domestic and international), discussing the purposes of each right or provision in issue, engaging in a detailed examination of the meaning of the text of each provision, examining the extent to which justified limits can be placed on guaranteed rights and freedoms, and concluding by considering issues related to remedies where relevant.
This second edition reflects the authors’ many years of combined experience in human rights law as both practitioners and academics.
Comparative analysis is a strong feature of the commentary.
Throughout, the authors evaluate and critique New Zealand and overseas decisions and offer their own views as to how Bill of Rights law should develop in the future. The book’s accessible style, its strong description and analysis of New Zealand case law, and its suggestions as to future developments mean that the commentary will appeal to practitioners, judges, academics, law students and policy advisors.
Table of contents
- An overview of the Bill of Rights Act and its place in New Zealand's Constitution
- Background to and History of the New Zealand Bill of Rights Act 1990
- The Legal Protection of Human Rights in NZ: A Short History and Overview of the Contemporary Scene
- Interpretation – Principles and Sources
- Burden and Benefit of BORA
- Limiting Rights
- Interaction with Other Enactments
- Attorney-General's Duty to Report to Parliament
- Torture, Cruel, Degrading or Disproportionately Severe Treatment or Punishment
- Right against Medical and Scientific Experimentation and Right to Refuse Medical Treatment
- Electoral Rights
- Freedom of Expression
- Freedom of Religion
- Freedom of Assembly and Association
- Freedom of Movement
- Non-discrimination and Minority Rights
- Unreasonable Search and Seizure
- Arbitrary Arrest and Detention
- Rights of Persons Arrested or Detained
- Rights of Persons Charged with an Offence – Threshold Issues
- Rights of Persons Charged with an Offence
- Minimum Standards of Criminal Procedure
- Retroactive Criminal Liability and Double Jeopardy
- Natural Justice, Judicial Review and Crown Litigation
- Remedies – General Observations
- Declaration of Inconsistency
- Exclusion of Evidence
- Stay, Discharge, Appeal and Sentence Reduction
- Extraordinary Remedies, Specific Performance, Judicial Review, Declarations, Habeas Corpus and Torts
- Supervisory Remedies
- Litigation Issues