The Guidelines on the New Zealand Bill of Rights Act 1990: A Guide to the Rights and Freedoms in the Bill of Rights Act for the Public Sector - Published November 2004
Introduction to the Guidelines
Part I: An Introduction to the Bill of Rights Act
Part II: Initial Considerations when applying the Bill of Rights Act
Part III: Rights and Freedoms Affirmed by the Bill of Rights Act
Introduction to Sections 8 - 11: Life and Security of the Person
Section 8 Right not to be Deprived of Life
Section 9 Torture, or Cruel, Degrading, or Disproportionately Severe Treatment
Section 10 No Medical or Scientific Experimentation
Section 11 Right to Refuse to Undergo Medical Treatment
Introduction to Sections 12 - 18: Democratic and Civil Rights
Section 12 Electoral Rights
Section 13 Freedom of Thought
Section 14 Freedom of Expression
Section 15 Manifestation of Religion and Belief
Section 16 Freedom of Peaceful Assembly
Section 17 Freedom of Association
Section 18 Freedom of Movement
Introduction to Sections 19 - 20: Non-discrimination and Minority Rights
Section 19 Freedom from Discrimination
Section 20 Rights of Minorities
Introduction to Sections 21 - 26: Search, Arrest and Detention
Section 21 Security Against Unreasonable Search and Seizure
Section 22 Liberty of the Person
Section 23 Rights of Persons Arrested or Detained
Section 23(1)(A) The Right to be Informed of the Reasons for the Arrest
Section 23(1)(B) The Right to Counsel and Instruct a Lawyer Without Delay
Section 23(1)(C) Determining the Validity of the Arrest or Detention
Section 23(2) The Right to be Charged Promptly or Released
Section 23(3) The Right to be Brought Before a Court
Section 23(4) The Right to Refrain from Making any Statement
Section 23(5) The Right to be Treated with Humanity and Respect
Section 24(A) Right to be informed Promptly and in Detail of the Nature and Cause of the Charge
Section 24(B) Right to Release on Reasonable Terms and Conditions
Section 24(C) THE Right to Consult and Instruct a lawyer
Section 24(D) Right to Time and Facilities to Prepare a Defence
Section 24(E) Right to Trial by Jury
Section 24(F) Right to Legal Assistance
Section 24(G) Right to the Assistance of an Interpreter
Section 25 Minimum Standards of Criminal Procedure
Section 25(A) The Right to a Fair and Public Hearing
Section 25(B) Right to be Tried Without Undue Delay
Section 25(C) The Right to be Presumed Innocent Until Proved Guilty
Section 25(D) The Right not to be Compelled to be a Witness
Section 25(E) The Right to be Present at Trial
Section 25(F) Right to Examine and Cross-examine Witnesses
Section 25(G) The Right to the Benefit of the Lesser Penalty
Section 25(H) The Right to Appeal
Section 25(I) The Right for a Child to be Dealt With in a Manner that Takes Account of the Child's Age
Section 26 Retroactive Penalties and Double Jeopardy
Section 26(1) Retroactive Offences
Section 26(2) Protection Against Double Jeopardy
Section 27 Right to Justice
Section 27(1) The Right to The observance of the principles of natural Justice
Section 27(2) The Right to a Judicial Review of Determinations
Section 27(3) Proceedings Involving the Crown Same as proceedings between Individuals
Part IV: Remedies under the Bill of Rights Act
A Section 5 Checklist
B Offences and Penalties No. 1
C Offences and Penalties No. 2 - The Onus of Proof
D Applying Section 19 of the Bill of Rights Act
E Non-discrimination - Statutory Provisions that are Inclusive in Effect
F Developing a statutory power of Entry
G Powers of Entry
H Powers of Entry 2
I Consistency with Principles of Natural Justice: Administrative Decision-making Model 1
J Consistency with Principles of Natural Justice: Administrative Decision-making Model 2
K Consistency with Principles of Natural Justice: Tribunals
First published in November 2004 by the Ministry of Justice
PO Box 180
Wellington
New Zealand
© Crown Copyright
