THE NEW ZEALAND BILL OF RIGHTS ACT 1990

The Bill of Rights Act contains important rights. This leaflet tells you what these rights are. Everybody in government (including government departments, courts, state-owned enterprises and local authorities) must comply with the Bill of Rights Act.

The Bill of Rights Act protects you from the actions of anyone in government that interfere with you rights.

The Bill of Rights also protects the rights of non-natural persons, for example, companies and incorporated societies.

How does the Bill of Rights Act actually protect my rights?

The Bill of Rights Act can protect your rights in two ways:

The Courts can recognise your rights. However, the Courts may need to balance your rights against the rights of others and the interest of the whole community.

The Bill of Rights requires the Attorney General to report to Parliament if any proposed law appears inconsistent with the Bill of Rights Act. The government will have to justify the need for such a law.

The Act says that any limits on your rights must be reasonable.

What are my rights under the Bill of Rights Act?

The Bill of Rights Act contains the following rights and freedom:

1. Life and Security of the Person

You have the right not to be:

Deprived of life;

Subjected to torture, cruel treatment or punishment;

Subjected to medical or scientific experimentation.

You have the right to refuse medical treatment.

2. Democratic and Civil Rights

You have the right to:

Freedom of expression;

Freedom of peaceful assembly;

Freedom of association;

Freedom of thought, conscience, religion and belief.

As a New Zealand citizen over 18 you have the right to vote and to be a Member of Parliament.

So long as you are lawfully in New Zealand you have the right to freedom of movement and residence in New Zealand.

You have the right to practise your own religion or beliefs.

3. Non-Discrimination and Minority Rights

You have the right to freedom from discrimination on the grounds of sex, marital status, religious belief, ethical belief, colour, race, ethnic or national origins, disability, age, political opinion, employment status, family status, and sexual orientation.

If you belong to an ethnic, religious, or linguistic minority you must not be denied the right to enjoy the culture or practise the religion or use the language of that minority.

4. Search, Arrest, and Detention

You have the right not to be subjected to:

Unreasonable search or seizure;

Arbitrary arrest or detention.

If you are arrested or detained under the law you have the right to:

Be told of the reasons for your arrest or detention;

Consult and instruct a lawyer and be told that right;

Remain silent and be told of that right;

Challenge the lawfulness of your arrest or detention in court;

Be charged promptly or be released;

Be brought before a court as soon as possible, if not released.

If you are charged with an offence you have the right to:

Be told promptly of the nature of the charge;

Be released unless there is just cause for detention;

Adequate time and facilities to prepare a defence;

Trial by jury if the penalty includes more than 3 months imprisonment;

Free legal assistance if the interests of justice require and you do not have sufficient means;

Free assistance of an interpreter if required.

5. Criminal Procedure

If you are charged with an offence you have the right to a minimum standard of criminal procedure which includes the right to a minimum standard of criminal procedure which includes the right to:

Be tried without undue delay;

Not be forced to be a witness or to confess guilt;

Be presumed innocent until proven guilty;

A fair trial and to attend your own trial;

Present a defence and cross-examine witnesses;

Appeal to a higher court against conviction and sentence.

You are not liable to conviction for anything that was not an offence at the time it occurred.

If you are convicted, pardoned, or acquitted of an offence you must not be tried or punished for the same offence again.

6. Right to Justice

If your rights may be affected by a decision of a tribunal or public authority you have the right to:

A fair hearing by an unbiased decision-maker

Apply for judicial review of that decision.

You have the right to bring civil proceedings against, and defend civil proceedings brought by the Crown in the same way as civil proceedings between individuals.

If you want to know more about the Bill of Rights Act contact your lawyer, Human Rights Commission, Citizens' Advice Bureau, Community Law Centre, or the Ministry of Justice.

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