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New Zealand Bill of Rights Act 1990 information


New Zealand Bill of Rights Act 1990
Te Ture Pire o ngā Tika 1990 (in Māori)
New Zealand Parliament
Long title
  • An Act (a) To affirm, protect, and promote human rights and fundamental freedoms in New Zealand; and (b) To affirm New Zealand's commitment to the International Covenant on Civil and Political Rights
Royal assent28 August 1990
Commenced25 September 1990
Introduced byGeoffrey Palmer
Related legislation
Human Rights Act 1993
Status: Current legislation

The New Zealand Bill of Rights Act 1990 (sometimes known by its acronym, NZBORA or simply BORA) is a statute of the Parliament of New Zealand part of New Zealand's uncodified constitution[1] that sets out the rights and fundamental freedoms of anyone subject to New Zealand law as a bill of rights,[2] and imposes a legal requirement on the attorney-general to provide a report to parliament whenever a bill is inconsistent with the Bill of Rights.

The High Court of New Zealand in Taylor v Attorney-General issued an unprecedented declaration that the restriction on prisoners voting rights was a limit on their right to vote in genuine periodic elections, and that it had not been justified under the Bill of Rights.[3] On appeal, the Supreme Court later confirmed that senior courts had jurisdiction to make such a declaration,[4] and in 2022 a law was passed to establish procedures to allow and require the New Zealand Government a reporting and response mechanism to inconsistency declarations.[5]

  1. ^ Cabinet Manual 2017. Cabinet Office, Department of Prime Minister and Cabinet. 2017. p. 2. ISBN 978-0-947520-02-1. The other major sources of the constitution include: [...] Other relevant New Zealand statutes, such as [...] the New Zealand Bill of Rights Act 1990.
  2. ^ Rishworth, Paul; Huscroft, Grant; Optican, Scott; Mahoney, Richard (2003). The New Zealand Bill of Rights. Oxford University Press. p. 40. ISBN 978-0-19-558361-8.
  3. ^ Attorney-General v Taylor [2017] NZCA 1706 at 215
  4. ^ Attorney-General v Taylor [2018] NZSC 104
  5. ^ New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022, s 4

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did not go unnoticed by commentators. Under section 7 of the New Zealand Bill of Rights Act 1990 (NZBORA) if there is an apparent inconsistency between...

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voting age of 18 years is inconsistent with the New Zealand Bill of Rights Act 1990) The Supreme Court sits in Wellington. Until the court's new $80.7 million...

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