than crime. The Bill could be left to do its work in this regard without any change
at all.
Conclusion
37
New Zealands constitutional traditions are conservative. The immediate prospect
of either repealing the Bill of Rights Act or advancing it in the ways discussed
here, do not appear to be high. These issues are not on any political or policy
agenda so far as I am aware. It is perhaps not unsurpising that I retain a lingering
affection for a superior law Bill of Rights. It may occur in the fullness of time.
38
After fifteen years my own conclusion is that what we have now is certainly better
than not having a Bill of Rights at all. It has been a set of navigation lights for
the whole process of government to observe,32 and governance in this country
has been more principled because of it.
39
New Zealand has always prided itself on respecting fundamental human rights.
Prior to the enactment of this measure, however, the rhetorical political tendency
was to say that New Zealand always honoured fundamental human rights without
looking to see whether the claim was valid. Too often it was not. Administrative
convenience, a tendency to trust the state and the use of its powers, and a
homogenous political culture with a unicameral legislature made New Zealand in
historical terms rather self satisfied and uncritical about rights.
40
Our world is altogether different now. New Zealand is a highly pluralist society
with many diverse sets of values shared among its inhabitants. This pluralism
places pressures on fundamental rights. But it also provides the essential need for
their protection. It is not too much to say that the Bill of Rights has changed New
Zealands legal culture and widened its horizons. Analysis has replaced rhetoric.
32
Ministry of Justice A Bill of Rights for New Zealand: A White Paper [1984-85] I AJHR
A 6 6.
14