currently on remand.”12
25
The Commission recommends that the Committee urges the Government to
commit to reviewing all legislation – with a particular focus on the
abovementioned Acts – within the next reporting period to ensure that it fully
complies with New Zealand’s international obligations.
B.
Constitutional arrangements – New Zealand Bill of Rights Act 1990 and the Treaty
of Waitangi
LOIPR
In the light of the previous concluding observations of the Committee
(CCPR/C/NZL/CO/5, para. 7 and CCPR/CO/75/NZL, para. 8), please indicate the
measures taken to strengthen the Bill of Rights Act of 1990, which reportedly does not
encompass all Covenant rights and does not take precedence over ordinary domestic
law.
(Para 6)
In light of the concluding observations of the Committee (CCPR/C/NZL/CO/5. PARA.
20), please provide information on measures taken to ensure that the Treaty of
Waitangi forms part of domestic law and, therefore can be invoked in domestic courts
(Para25).
26
Despite New Zealand’s commitment to its international obligations, in practice not
all of the rights contained in the various international treaties to which New Zealand
is a party are given explicit domestic legal expression or protection. For example:
the rights and freedoms protected by the BORA are set out in Part 2 of the BORA
and reflect some, but not all, of those incorporated in the ICCPR such as the right
to privacy. While the Privacy Act 1993 regulates the collection and use of
personal information, it is not underpinned (or empowered) by a presumptive
statutory right to privacy; 13In its submission to the Intelligence Services Review
the Commission has proposed that the ICCPR right of privacy be enshrined in the
BORA.
12
SPT, Report on the visit of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment to New Zealand, at 21.
13
In particular, there is no equivalent of Art. 17 of the ICCPR which guarantees “No one shall be subjected to arbitrary or
unlawful interference with his privacy, family, home or correspondence, or to unlawful attacks on his honour and
reputation.” The right to found a family, a general right of equality before the law, and additional rights protecting children
are other rights which are not included in the BORA.
Page 12 of 93
Human Rights Commission submission to the Human Rights Committee in relation to New Zealand’s 6th periodic review under the ICCPR