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New Zealand · Year 2 · Public Law

Constitution & NZBORA

An unwritten constitution with a statutory bill of rights.

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  1. 1.New Zealand Bill of Rights Act 1990, s 4?

    Courts may not hold any enactment impliedly repealed, invalid or ineffective because it is inconsistent with the Bill of Rights.

    NZBORA 1990, s 4

  2. 2.NZBORA, ss 5 and 6?

    s 5: rights may be subject only to reasonable limits prescribed by law that can be demonstrably justified in a free and democratic society. s 6: a meaning consistent with the rights is to be preferred.

    NZBORA 1990, ss 5–6

  3. 3.NZBORA, s 7?

    The Attorney-General must report to Parliament where a Bill appears inconsistent with the rights and freedoms in the Act.

    NZBORA 1990, s 7

  4. 4.Attorney-General v Taylor [2018] — held?

    Senior courts have jurisdiction to make declarations of inconsistency with NZBORA (here, the blanket ban on prisoner voting).

    [2018] NZSC 104

  5. 5.Make It 16 Inc v Attorney-General [2022] — held?

    The voting age of 18 is an unjustified limit on freedom from age discrimination (s 19 NZBORA); a declaration of inconsistency was made.

    [2022] NZSC 134

  6. 6.Fitzgerald v Muldoon [1976] — held?

    The Prime Minister's announcement suspending superannuation contributions without legislation breached s 1 of the Bill of Rights 1688.

    [1976] 2 NZLR 615

  7. 7.When did New Zealand adopt MMP?

    Chosen in the 1993 referendum; first MMP election held in 1996.

    Electoral Act 1993