15s 4.
16In Mo onen v Film & Literature Boa rd of Review (2000) N ZLR 9, 17, the Court of App eal said that the
purpo se of section 5 of the B ill of Rights Act necessarily involves the Court having the power and, on
occasions the duty, to indicate that although a statutory provision must be enforced according to its proper
meaning, it is inconsistent with the B ill of Rights, in that it constitutes an unreasonable limitation on the
relevant right or freedom which cannot be dem onstrably justified in a free and democratic society. In R v
Pouma ko [2000] 2 NZLR 695 , 715 -720 , Thoma s J said he was prep ared to make such a declaratio n.
17s 6.
18s 5.
19s 3.
11
minimum standards of criminal procedure. Other rights protected relate to the right
to vote, protection from retroactive penalties and double jeopardy, and the right to
the observance of natural justice, to judicial review, and to bring proceedings against
and to defend proceedings brought by the Crown in the same way as civil
proceedings between individuals.
17
Under the Act, the courts have no invalidating power.15 Nor is there express power
in the Act to issue declarations of incompatibility.16 If an enactment can be
interpreted consistently with the rights and freedoms in the Bill of Rights, that
meaning must be preferred to any other meaning.17 The rights and freedoms
contained in the Bill of Rights may be subject only to such reasonable limits as can
be demonstrably justified in a free and democratic society, that is, the concept of
justified limitation.18 The Bill of Rights Act applies only to acts of the legislative,
executive, and judicial branches of government and to acts done by any person or
body in performing a public function, power, or duty under the law.19