The New Zealand Bill of Rights Act: A Commentary, 2nd edition

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.

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ISBN/ISSN: 9781927183601
Release Date: August 01, 2015
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ISBN/ISSN: 9781927227312
Release Date: July 01, 2015
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ISBN/ISSN: BONZRED0SU
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Product description

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


  1. An overview of the Bill of Rights Act and its place in New Zealand's Constitution

  2. Background to and History of the New Zealand Bill of Rights Act 1990

  3. The Legal Protection of Human Rights in NZ: A Short History and Overview of the Contemporary Scene

  4. Interpretation – Principles and Sources

  5. Burden and Benefit of BORA

  6. Limiting Rights

  7. Interaction with Other Enactments

  8. Attorney-General's Duty to Report to Parliament

  9. Life

  10. Torture, Cruel, Degrading or Disproportionately Severe Treatment or Punishment

  11. Right against Medical and Scientific Experimentation and Right to Refuse Medical Treatment

  12. Electoral Rights

  13. Freedom of Expression

  14. Freedom of Religion

  15. Freedom of Assembly and Association

  16. Freedom of Movement

  17. Non-discrimination and Minority Rights

  18. Unreasonable Search and Seizure

  19. Arbitrary Arrest and Detention

  20. Rights of Persons Arrested or Detained

  21. Rights of Persons Charged with an Offence – Threshold Issues

  22. Rights of Persons Charged with an Offence

  23. Minimum Standards of Criminal Procedure

  24. Retroactive Criminal Liability and Double Jeopardy

  25. Natural Justice, Judicial Review and Crown Litigation

  26. Remedies – General Observations

  27. Compensation

  28. Declaration of Inconsistency

  29. Exclusion of Evidence

  30. Stay, Discharge, Appeal and Sentence Reduction

  31. Extraordinary Remedies, Specific Performance, Judicial Review, Declarations, Habeas Corpus and Torts

  32. Supervisory Remedies

  33. Costs

  34. Litigation Issues

  35. Reflections