New Zealand Bill of Rights text

Press, 4 April 1985, Page 23

New Zealand Bill of Rights text

The text of the New Zeaand Bill of Rights says it is m act to institute as the supreme law of New Zeaand a bill of rights in order o affirm, protect and pronote human rights and funlamental freedoms and to -ecognise and affirm the [Yealy of Waitangi. The text says: Whereas (1) New Zealand is a jemocratic society based on ;he rule of law and on jririciples of freedom, equality and the dignity and worth of human persons; (2) New Zealand in 1970 ratified the International Tonvenant on Civil and Political Rights; (3) The Maori people, as tangata whenua o Aotearoa, and the Crown entered in 1840 into a solemn compact, known as Te Tiriti o Waitangi or the Treaty of Waitangi, and it is desirable to recognise and affirm the Treaty as part of the supreme law of New Zealand; (4) It is desirable to affirm the human rights and fundamental freedoms of all the people of New Zealand without discrimination and to ensure their recognition I and observance as part of the supreme law of New Zealand by the Parliament and the Government of New Zealand. Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: PART I General 1. New Zealand Bill of Rights supreme law. This Bill of Rights is the supreme law of New Zealand, and accordingly any law (including existing law) inconsistent with this bill shall, to the extent of the inconsistency, be of no effect. 2. Guarantee of rights and freedoms: This Bill of Rights guarantees the rights and freedoms contained in it against acts done (a) by the legislative, executive, or judicial branches of the government of New Zealand; or (b) in the performance of any public function, power or duty conferred or imposed on any person or body by or pursuant to law. 3. Justified limitations: The rights and freedoms contained in this 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. PART II The Treaty of Waitangi 4. The Treaty of Waitangi: (1) The rights of the Maori people under the Treaty of Waitangi are

hereby recognised and affirmed. (2) The Treaty of Waitangi shall be regarded as always speaking and shall be applied to circumstances as they arise so that effect may be given to its spirit and true intent. (3) The Treaty of Waitangi means the treaty as set out in English and Maori in the schedule to this Bill of Rights. PART 111 Democratic and Civil Rights 5. 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. 6. 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. 7. Freedom of expression: Everyone has the right to freedom of expression, including the freedom to seek, receive and impart information and opinion of any kind in any form. 8. 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. 9. Freedom of peaceful assembly: Everyone has the right to freedom of peaceful assembly. 10. Freedom of association: Everyone has the right to freedom of association. This right includes the right of every person to form and join trade unions for the protection of that person’s interests consistent with legislative measures enacted to ensure effective trade union representation and to encourage orderly industrial relations. 11. Freedom of movement: Everyone lawfully in New Zealand has the right to freedom of movement and residence in New Zealand. Every New Zealand citizen has the right to enter New Zealand. Everyone has the right to leave New Zealand. 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 prescribed by ' aW PART IV Non-discriminatory and Minority Rights 12. Freedom from discrimination: Everyone has the right to freedom from discrimination on the ground of colour, race, ethnic or national origins, sex, or religious or ethical belief.

13. 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. PART V Life and Liberty of the Individual, and Legal Process 14. Right to life: No-one shall be deprived of life except on such grounds and, where applicable, in accordance with such procedures, as are established by law and are consistent with the principles of fundamental justice. 15. Liberty of the person: Everyone has the right not to be arbitrarily arrested or detained. Everyone who is arrested or detained shall (a) be informed at the time of the arrest or detention of the reason for it; (b) have the right to consult and instruct a lawyer without delay, and to be informed of that right; (c) 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. Everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the human person. 16. Rights on arrest: Everyone who is arrested for an offence has the right (a) to be charged promptly or to be released; (b) to refrain from making any statement and to be informed of that right; (c) to be brought promptly before a court or competent tribunal; (d) to be released on reasonable terms and conditions unless there is just cause for continued detention. 17. Minimum standards of criminal justice: Everyone charged with an offence has the right (a) to a fair and public hearing by a competent, independent and impartial court; (b) to be presumed innocent until proved guilty according to law; (c) if convicted of the offence and the punishment has been varied between the commission of the offence and sentencing, to the benefit of the lesser punishment; (d) if convicted of the offence to appeal to a higher court against the conviction and any sentence according to law. No-one shall be liable to conviction of any offence on account of any act or ommission which did not constitute an offence by such Kirson under the law of ew Zealand at the time it occurred. • No-one who has been finally acquitted, convicted of, or pardoned for, an offence shall be tried or punished for it again. 18. Rights of persons charged: Every person charged with an offence has the right (a) to be informed promptly and in detail of the nature and cause of the charge; (b) to have adequate time and facilities to pre-

pare the defence; (c) to consult and instruct a lawyer; (d) 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; (e) to be tried without undue delay; (f) to be present at the trial and to present a defence; (g) 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 maximum punishment for the offence is imprisonment for more than three months; (h) 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; (i) to have the free assistance of an interpreter if the person cannot understand or speak the language used in court; (j) not to be compelled to be a witness against that person or to confess guilt; (k) in the case of a child, to be dealt with in a manner that takes account of the child’s age. 19. Search and seizure: Everyone has the right to be secure against unreasonable search or seizure whether of person, property, or correspondence, or otherwise. 20. No torture or cruel treatment: Everyone has the right not to be subjected to torture or to cruel, degrading or disproportionately severe treatment or punishment. Every person has the right not to be subjected to medical or scientific experimentation without that person’s consent. Everyone has the right to refuse to undergo any medical treatment. 21. Right to justice: 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. 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 to the High Court, in accordance with law, for judicial review of that determination. 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 individuals. PART VI Application, Enforcement and Entrenchment 22. Other rights and freedoms not affected: An existing right or free-

dom shall not be held to be abrogated or restricted by reason only that the right or freedom is not guaranteed or is guaranteed to a lesser extent by this Bill of Rights. 23. Interpretation of legislation: The interpretation of an enactment that will result in the meaning of the enactment being consistent with this Bill of Rights shall be preferred to any other interpretation. 24. Application to legal persons: The provisions of this Bill of Rights apply so far as practicable and unless they otherwise provide for the benefit of all legal persons. 25. Enforcement of guaranteed rights and freedoms: Anyone whose rights or freedoms as guaranteed by this Bill of Rights have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances. 26. Reference to Waitangi Tribunal: Wherein any proceeding before the court, any question arises whether any enactment or rule of law, or any act or policy, is consistent with the Treaty of Waitangi, the court may on the application of any party to the proceeding or of its own motion refer that question to the Waitangi Tribunal for a report and opinion, and the court shall have regard to that report and opinion. 27. Intervention by Attor-ney-General: The Attorney-General shall be given the opportunity to appear and participate in any legal proceedings as a party if, in the opinion of the judge or other officer presiding in those proceedings, there is a serious question to be argued about the violation of the provisions of this Bill of Kights. That paragraph (above) shall not apply if the Attor-ney-General or any officer or agency of the Crown is a party to the proceedings. 28. Entrenchment: No provision of this Bill of rights shall be repealed or amended in any way affected unless the proposal (a) is passed by a majority of 75 per cent of all the Members of the House of Representatives and contains an express declaration that it repeals, amends or affects this Bill of Rights; or (b) has been carried by a majority of the valid votes cast at a poll of the electors for the House of Representatives; and in either case the act making the change recites that the required majority has been obtained. 29. Short title and commencement: This act may be cited as the New Zealand Bill of Rights, 1986. The New Zealand Bill of Rights, 1986, shall come into force on the day of l9B ..