VadeLab

New Zealand Bill of Rights Act 1990

Sections and provisions with full text and the judgments that cite each one.

Section 1 — Short Title and commencement

1 Short Title and commencement (1) This Act may be cited as the New Zealand Bill of Rights Act 1990. (2) This Act shall come into force on the 28th day after the date on which it receives the Royal…

Section 2 — Rights affirmed

2 Rights affirmed The rights and freedoms contained in this Bill of Rights are affirmed.

Section 3 — Application

3 Application This Bill of Rights applies only to acts done— (a) By the legislative, executive, or judicial branches of the government of New Zealand; or (b) By any person or body in the performance…

Section 4 — Other enactments not affected

4 Other enactments not affected No court shall, in relation to any enactment (whether passed or made before or after the commencement of this Bill of Rights),— (a) Hold any provision of the enactment…

Section 5 — Justified limitations

5 Justified limitations Subject to section 4 of this Bill of Rights, the rights and freedoms contained in this Bill of Rights may be subject only to such reasonable limits prescribed by law as can be…

Section 6 — Interpretation consistent with Bill of Rights to be preferred

6 Interpretation consistent with Bill of Rights to be preferred Wherever an enactment can be given a meaning that is consistent with the rights and freedoms contained in this Bill of Rights, that…

Section 7 — Attorney-General to report to Parliament where Bill appears to be inconsistent with Bill of Rights

7 Attorney-General to report to Parliament where Bill appears to be inconsistent with Bill of Rights Where any Bill is introduced into the House of Representatives, the Attorney-General shall,— (a)…

Section 8 — Right not to be deprived of life

8 Right not to be deprived of life No one shall be deprived of life except on such grounds as are established by law and are consistent with the principles of fundamental justice.

Section 9 — Right not to be subjected to torture or cruel treatment

9 Right not to be subjected to torture or cruel treatment Everyone has the right not to be subjected to torture or to cruel, degrading, or disproportionately severe treatment or punishment.

Section 10 — Right not to be subjected to medical or scientific experimentation

10 Right not to be subjected to medical or scientific experimentation Every person has the right not to be subjected to medical or scientific experimentation without that person's consent.

Section 11 — Right to refuse to undergo medical treatment

11 Right to refuse to undergo medical treatment Everyone has the right to refuse to undergo any medical treatment.

Section 12 — Electoral rights

12 Electoral rights Every New Zealand citizen who is of or over the age of 18 years— (a) Has the right to vote in genuine periodic elections of members of the House of Representatives, which…

Section 13 — Freedom of thought, conscience, and religion

13 Freedom of thought, conscience, and religion Everyone has the right to freedom of thought, conscience, religion, and belief, including the right to adopt and to hold opinions without interference.

Section 14 — Freedom of expression

14 Freedom of expression Everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form.

Section 15 — Manifestation of religion and belief

15 Manifestation of religion and belief Every person has the right to manifest that person's religion or belief in worship, observance, practice, or teaching, either individually or in community with…

Section 16 — Freedom of peaceful assembly

16 Freedom of peaceful assembly Everyone has the right to freedom of peaceful assembly.

Section 17 — Freedom of association

17 Freedom of association Everyone has the right to freedom of association.

Section 18 — Freedom of movement

18 Freedom of movement (1) Everyone lawfully in New Zealand has the right to freedom of movement and residence in New Zealand. (2) Every New Zealand citizen has the right to enter New Zealand. (3)…

Section 19 — Freedom from discrimination

19 Freedom from discrimination (1) Everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993 . (2) Measures taken in good faith for the…

Section 20 — Rights of minorities

20 Rights of minorities A person who belongs to an ethnic, religious, or linguistic minority in New Zealand shall not be denied the right, in community with other members of that minority, to enjoy…

Section 21 — Unreasonable search and seizure

21 Unreasonable search and seizure Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise.

Section 22 — Liberty of the person

22 Liberty of the person Everyone has the right not to be arbitrarily arrested or detained.

Section 23 — Rights of persons arrested or detained

23 Rights of persons arrested or detained (1) Everyone who is arrested or who is detained under any enactment— (a) Shall be informed at the time of the arrest or detention of the reason for it; and…

Section 24 — Rights of persons charged

24 Rights of persons charged Everyone who is charged with an offence— (a) Shall be informed promptly and in detail of the nature and cause of the charge; and (b) Shall be released on reasonable terms…

Section 25 — Minimum standards of criminal procedure

25 Minimum standards of criminal procedure Everyone who is charged with an offence has, in relation to the determination of the charge, the following minimum rights: (a) The right to a fair and…

Section 26 — Retroactive penalties and double jeopardy

26 Retroactive penalties and double jeopardy (1) No one shall be liable to conviction of any offence on account of any act or omission which did not constitute an offence by such person under the law…

Section 27 — Right to justice

27 Right to justice (1) Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in…

Section 28 — Other rights and freedoms not affected

28 Other rights and freedoms not affected An existing right or freedom shall not be held to be abrogated or restricted by reason only that the right or freedom is not included in this Bill of Rights…

Section 29 — Application to legal persons

29 Application to legal persons Except where the provisions of this Bill of Rights otherwise provide, the provisions of this Bill of Rights apply, so far as practicable, for the benefit of all legal…