Courts invited to speak up on rights

If the government has its way, the senior courts will soon have an express right to point out inconsistencies between legislation and the New Zealand Bill of Rights Act 1990 (NZBORA) and to hold Parliament to account.

We look at what it means and how it might work.

Proposed changes

A declaration of inconsistency with NZBORA is a declaration by a court that legislation is inconsistent with the human rights protected by NZBORA. Currently, the only similar power provided for by statute is the vetting role held by the Attorney-General.¹

The proposed amendment will change NZBORA to specify that senior courts can make declarations of inconsistency. So far, this is no more than some recent judicial decisions have permitted.