The Bill of Rights Act

What the Act is

The New Zealand Bill of Rights Act 1990 affirms, protects, and promotes human rights and fundamental freedoms in New Zealand. It draws on the International Covenant on Civil and Political Rights, which New Zealand has signed.

The Act binds the government: Parliament, the Executive, the courts, and anyone carrying out a public function must respect the rights it contains. It protects everyone in New Zealand — citizens, residents, and visitors alike.

The Act is not supreme law. Parliament can still pass laws that limit rights, but courts must prefer interpretations of the law that are consistent with the Act, and the Attorney-General must tell Parliament if a proposed bill appears inconsistent with it. Rights can only be limited by reasonable limits, prescribed by law, that can be demonstrably justified in a free and democratic society.

Fundamental freedoms

The Act protects the classic democratic freedoms: freedom of thought, conscience, and religion; freedom of expression, including seeking, receiving, and sharing information and opinions in any form; freedom of peaceful assembly; freedom of association; and freedom of movement.

Freedom of expression protects a free media and the right to criticise the government. Peaceful protest — marches, demonstrations, public meetings — is lawful and protected. Freedom of religion means people may practise any religion or none, and no one can be forced to hold or reject a belief.

Every New Zealand citizen has the right to enter New Zealand, and everyone lawfully in New Zealand has the right to move freely within it and to leave. People who belong to ethnic, religious, or linguistic minorities have the right to enjoy their culture, practise their religion, and use their language.

Rights in the justice system

The Act sets out strong protections for anyone dealing with police and the courts. Everyone has the right to be secure against unreasonable search and seizure, and no one may be arbitrarily arrested or detained.

Anyone arrested must be told the reason at the time, has the right to consult and instruct a lawyer without delay, has the right to remain silent, and must be charged promptly or released. Anyone detained may ask a court to rule on whether the detention is lawful.

A person charged with an offence is presumed innocent until proved guilty, is entitled to a fair and public hearing by an independent court, must have adequate time to prepare a defence, has the right to an interpreter if needed, and cannot be tried twice for an offence they were finally acquitted or convicted of. Everyone is protected from torture and from cruel or degrading treatment, and everyone has the right to refuse medical treatment.

Electoral rights

The Act affirms the democratic foundation of New Zealand: every New Zealand citizen aged 18 or over has the right to vote in genuine periodic elections of members of Parliament, held by equal suffrage and secret ballot, and the right to stand for membership of the House of Representatives.

The secret ballot means every vote is cast privately, so no one can pressure or punish a voter for their choice. Equal suffrage means every vote counts equally — one person, one vote.