7
The effort I spearheaded in the 1980s was to have a superior law Bill of Rights of
which the Treaty of Waitangi was a part. That effort failed in its ambitious aim of
making the Bill of Rights superior law to which all other law was subject. Let me
quote the policy of the Labour Party on the topic, one that I wrote in 1984:5
It is the policy of the Labour Party to introduce a Bill of Rights for New Zealand.
It will be based on the International Covenant on Civil and Political Rights which
New Zealand has ratified. It will provide:
(a)
guaranteed protection for fundamental values and freedoms;
(b)
restraint on the abuse of power by the Executive and Parliament;
(c)
restraint on the abuse of power by other organizations;
(d)
an authoritative source of education about the importance of fundamental
freedoms in a democratic society;
(e)
a judicial remedy to individuals who have suffered under a law or conduct
which breaches fundamental rights;
(f)
a set of minimum standards to which public decision-making must
conform.
How the 1990 Act developed
8
After a lot of debate the Bill of Rights was enacted as an ordinary statute that gave
the courts interpretative powers in respect of the provisions of the Bill, section 6
providing, Wherever an enactment can be given a meaning that is consistent with
the rights and freedoms contained in this Bill of Rights, that meaning shall be
preferred to any other.
9
Yet in the assessment of Professor Philip Joseph the effect of the Bill of Rights
has been significant. Writing in 2001 he said, Today, the Bill of Rights is an
integral part of our jurisprudence and represents one of the major legal
developments of the modern era.6 This outcome was not self-evident when it was
enacted since it was originally designed as a much more potent measure that
5
Geoffrey Palmer Unbridled Power: an Interpretation of New Zealands Constitution and
Government (2 ed, Oxford University Press, Auckland, 1987) 282-283.
6
Philip A Joseph Constitutional and Administrative Law in New Zealand (2 ed, Brookers,
Wellington, 2001) 1018.
4