26
Attorney -Ge nera l v New Zealand Ma ori Coun cil [1991] 2 N ZLR 129 ; Attorney-General v New
Zealand Ma ori Coun cil (No 2) [1999] 2 NZLR 147.
15
incompatibility. The legislative branch of government has raised the bar by giving
statutory recognition to civil and political rights developed both by the common law
and international law.
23
Professor Mark Tushnets paper provides a context for consideration of the
significance of the New Zealand Bill of Rights Act. To use Professor Tushnets
classification, it is weak-form judicial review. However, it is no less effective for
that as a means of securing in legislation adherence to basic human rights and
constitutional values.
24
The reasons for this relate to the in-built sanction of section 7 reports drawing the
attention of legislators to the possibility that they may, by enacting a statute,
expressly override a protected right or freedom with the political costs involved in
taking such a step, the careful scrutiny that Bills receive for Bill of Rights
compliance, the opportunity for consideration of Bill of Rights issues during the
parliamentary process, the scope for more complete consideration of issues resulting
from release of Bill of Rights advice to the Government, and the degree to which the
legislature is prepared to accept court decisions in Bill of Rights cases. What these
considerations suggest, adopting Professor Tushnets analysis, is that the New
Zealand weak-form judicial review transforms into a strong form.
Common law principles, the Treaty, international law, and other statutes
25
Other conventions and institutional arrangements operate to promote accessible
legislation. It is an established common law principle that Parliament does not
intend to legislate in a manner inconsistent with the Treaty of Waitangi.26 As the
LAC Guidelines note, the Treaty has been described as part of the fabric of New