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The Bill of Rights - getting the basics right

Published: 20-11-2001 Author(s): Grant Huscroft, Scott Optican, Paul Rishworth Pages: 133
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Author(s): Grant Huscroft, Scott Optican, Paul Rishworth
Date: 20 November, 2001
Pages: 133
   

This seminar is designed to do two things. First, to provide a guide to the way that the New Zealand Bill of Rights Act 1990 operates in the New Zealand legal system. Second, to provide an overview of certain selected rights and their impact in litigation. The overall aim is to concentrate on things that have not been said elsewhere.

As to the first part of the seminar, we examine:
(a) what the Bill of Rights is designed to achieve and how it should be approached by interpreters;
(b) the persons and bodies who are bound by the Bill of Rights;
(c) how the Bill of Rights applies in statutory interpretation cases and to delegated legislation;
(d) how to make arguments about the concept of “reasonable limits” on rights;
(e) how the Bill of Rights is used in policy debates (this includes the role of s 7, concerning the reporting duty of the Attorney-General).

As to the second part of the seminar, we examine:
(a) selected freedom of expression issues;
(b) selected criminal procedure issues, including exclusion of evidence, search and seizure, concepts of arrest, and detention, offence and charge, arbitrary arrest and detention, the right to consult a lawyer, the right to be brought before a court as soon as possible, the right to adequate facilities to prepare a defence, the right to be tried without undue delay, and the right against double punishment.

The presentation of this seminar will include problems and case studies for discussion.

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