Kingdom owes a significant debt to the New Zealand Bill of Rights Act 1990.
The influence of the New Zealand model has been acknowledged by Lord Lester,
the principal proponent of the measure.29 It has been influential elsewhere as well
in the proposed Victoria Charter of Rights and the Human Rights Act 2004 in the
Australian Capital Territories.
34
In some respects the Courts in the United Kingdom have been bolder in
interpreting their Act than their New Zealand counterparts have been in dealing
with ours.30 And the Act itself goes further than the New Zealand Act in some
important detailed respects, particularly concerning treaties and declarations.
Looking at the British experience it would be possible in New Zealand to engage
in some modest tweaking so as to give express power to make declarations of
inconsistency and perhaps providing the power to examine the nature of the
international obligations New Zealand has assumed, and the consistency of New
Zealands domestic law with those obligations.
35
Another option would be to give power to the courts to invalidate subordinate
legislation on Bills of Rights grounds, as they can do on ultra vires grounds.
Another beneficent tweaking would be to ensure that reports are made to
Parliament on amendments to bills made by Select Committees or by
supplementary order papers in terms of their consistency with the Bill of Rights.
Procedurally this will not be easy to achieve but it would be a worthwhile reform.
Yet another tweaking option includes the protection of property rights by the Bill
of Rights. I took a deliberate decision to exclude this in the 1980s but on
reflection I believe it should be included.31 There may, however, be other
candidates for inclusion although I have not examined their merits.
36
The sixth policy option and the one most likely to be followed in the immediate
future is to leave things as they are. As pointed out earlier there is a great deal
more to be achieved through the existing Bill of Rights in areas of the law other
29
Anthony Lester QC Parliamentary Scrutiny of Legislation under the Human Rights Act
1998 (2002) 33 VUWLR 1.
30
A v Secretary of State for the Home Department [2005] 2 AC 68.
31
Geoffrey Palmer Westco Lagan v A-G [2001] NZLJ 163.
13