| New Zealand Bill of Rights Act 1990 Te Ture Pire o ngā Tika 1990 (in Māori) | |
|---|---|
 | |
| New Zealand Parliament | |
| |
| Royal assent | 28 August 1990 |
| Commenced | 25 September 1990 |
| Introduced by | Geoffrey 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]
- ^ 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.
- ^ 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.
- ^ Attorney-General v Taylor [2017] NZCA 1706 at 215
- ^ Attorney-General v Taylor [2018] NZSC 104
- ^ New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022, s 4