This Act may be cited as the New Zealand Bill of Rights Act 1990.
This Act shall come into force on the 28th day after the date on which it receives the Royal assent.
New Zealand Bill of Rights Act 1990
| Jurisdiction | New Zealand |
| Reference | 1990 No 109 |
| Citation | 1990 No 109 |
| Record Number | DLM224791 |
| Act Number | 109 |
| Type of Document | Act |
An Act—ato affirm, protect, and promote human rights and fundamental freedoms in New Zealand; andbto affirm New Zealand's commitment to the International Covenant on Civil and Political Rights
The rights and freedoms contained in this Bill of Rights are affirmed.
This Bill of Rights applies only to acts done—
- by the legislative, executive, or judicial branches of the Government of New Zealand; or
- 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.
No court shall, in relation to any enactment (whether passed or made before or after the commencement of this Bill of Rights),—
- hold any provision of the enactment to be impliedly repealed or revoked, or to be in any way invalid or ineffective; or
- decline to apply any provision of the enactment—
Subject to section 4, 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.
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.
Where any Bill is introduced into the House of Representatives, the Attorney-General shall,—
- in the case of a Government Bill, on the introduction of that Bill; or
- in any other case, as soon as practicable after the introduction of the Bill,—
Required actions after declarations of inconsistency
This section applies if a declaration made by a senior court that an enactment is inconsistent with this Bill of Rights (and not made under section 92J of the Human Rights Act 1993) becomes final because—
- no appeals, or applications for leave to appeal, against the making of the declaration are lodged in the period for lodging them; or
- all lodged appeals, or applications for leave to appeal, against the making of the declaration are withdrawn or dismissed.
The Attorney-General must present to the House of Representatives, not later than the sixth sitting day of the House of Representatives after the declaration becomes final, a notice bringing the declaration to the attention of the House of Representatives.
If a notice is presented under section 7A of a declaration that an enactment is inconsistent, the Minister responsible for the administration of the enactment must present to the House of Representatives, before the deadline, a report advising of the Government’s response to the declaration.
The deadline is the end of 6 months starting on the date on which the notice is presented, or any earlier or later time—
- specified by a resolution of the House of Representatives; or
- otherwise determined by or on behalf of the House of Representatives, in accordance with its rules and practice.
Life and security of the person
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.
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.
Democratic and civil rights
Every New Zealand citizen who is of or over the age of 18 years—
- 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
- is qualified for membership of the House of Representatives.
Everyone has the right to freedom of thought, conscience, religion, and belief, including the right to adopt and to hold opinions without interference.
Everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form.
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.
Everyone has the right to freedom of peaceful assembly.
Everyone has the right to freedom of association.
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 taken on grounds prescribed by law.
Non-discrimination and minority rights
Everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993.
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