NCJ Number
108981
Date Published
1985
Length
157 pages
Annotation
This analysis presents and explains the draft Bill of Rights submitted by the Government on New Zealand and discusses the process to be used in its adoption.
Abstract
A lengthy process of discussions, hearings, and recommendations are proposed to ensure that a public consensus emerges. The draft recognizes the needs to balance rights against other rights and freedoms and the general welfare of the community. The draft bill increases the power of the courts and contains appropriate recognition of the Maori people. Its individual sections cover democratic and civil rights, nondiscrimination and minority rights, individual rights, legal processes, and enforcement. Its goal is to state New Zealanders' fundamental rights that are protected against the power of the state, enforced by the courts as the supreme law, and intended to be durable. The analysis explains the rationale for the Bill of Rights, its relationship with the Treaty of Waitangi, the way it would operate in practice, and the meaning of each section.