Introduction1
1
In this address I intend to say something about how the Bill of Rights came about,
the experience that New Zealand has had with it over fifteen years and how the
idea may be developed in the future.
2
When I was last in Washington DC I went to see Congressman Jim Leach from
Iowas second District. I met him first years ago in the 1980s when New Zealand
was having difficulties with the United States Republican administration over the
nuclear free policy. He was a member of the House International Relations
Committee of the House of Representatives in the United States Congress and still
is. He has always been helpful to New Zealand. When I got to his office he had
some other guests visiting with him. He introduced me to them as the man who
gave his country a Bill of Rights. I must say I felt rather good about that
accolade, as if I were some sort of New Zealand James Madison or even Thomas
Jefferson. I would never be introduced in New Zealand in that way. Our political
culture is different. Bills of Rights do not rate here. Indeed constitutional issues of
any sort are little understood.
3
The Parliamentary Select Committee that examined New Zealands constitutional
arrangements last year concluded that it was necessary to foster more widespread
understanding of the practical implications of New Zealands current
constitutional arrangements and the implications of any change.2 The New
Zealand Bill of Rights Act 1990 is a constitutional statute and is of great practical
importance. Yet I doubt that many New Zealanders have much idea of the content
of the rights it protects or how that protection is accomplished.
4
It is worthwhile in this regard to recall that the Bill of Rights debate in the 1980s
was itself bedevilled by ignorance on all sides concerning New Zealands civics.
1
I am grateful to Dr Andrew Butler for reading and commenting on an earlier version of this
paper. I have also derived advantage from my student Laura Carters unpublished paper
Giving the Courts Power to Uphold the New Zealand Bill of Rights (LLB (Hons) Research
Paper, Laws 505, Public Law, Victoria University of Wellington, 2005).
2
Constitutional Arrangements Committee Inquiry to Review New Zealands Existing
Constitutional Arrangements [2005] AJHR I 24A 5.
2