New Zealand Bill of Rights Act 1990 - Application of The Bill of Rights

Application of The Bill of Rights

The Act applies only to acts done by the three branches of government (the legislature, executive and judiciary) of New Zealand, or any body in the "performance of any public function, power, or duty" created by the law (Section 3).

Section 4 specifically denies the Act any supremacy over other legislation. The section states that Courts looking at cases under the Act cannot implicitly repeal or revoke, or make invalid or ineffective, or decline to apply any provision of any statute made by parliament, whether before or after the Act was passed because it is inconsistent with any provision of this Bill of Rights.

Section 5 allows for "Justified Limitations" on the rights guaranteed by the Act which are "subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society"."

Section 6 ensures that where an interpretation of an Act has a meaning that is consistent with the Act, that meaning shall be preferred to any other meaning.

Read more about this topic:  New Zealand Bill Of Rights Act 1990

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