relevant to the recognition of NZSL. Firstly, There has been very little case law in New section 24(g) guarantees the right to the Zealand that has examined the meaning free assistance of an interpreter where a and interpretation of section 20 of the person charged with an offence does not NZBORA. International jurisprudence, understand the language used in court. especially the work of the United Nation’s Section 24(g) supports other NZBORA Human Rights Committee (UNHRC), is rights such as the right to a fair trial and particularly relevant given that section 20 to present a full answer in defence to any is based on article 27 of the International charges. Presumably these NZBORA rights Covenant on Civil and Political Rights. Many underpin the focus in section 7 of the commentators have argued for a more NZSL Act on the right to use NZSL in legal expansive, free-standing duty to promote proceedings. minorities’ culture, religion and language. However, that approach has not found Secondly, section 20 of NZBORA stipulates support within the UNHRC. the rights of minorities, namely: A person who belongs to an ethnic, 1.7.3 Human Rights Act 1993 religious, or linguistic minority in New “Language” is not a prohibited ground of Zealand shall not be denied the right, discrimination under New Zealand’s HRA. in community with other members of This was commented on by the UNHRC that minority, to enjoy the culture, to in 2002 when New Zealand reported on profess and practise the religion, or to progress implementing the International use the language, of that minority. Covenant on Civil and Political Rights. The Committee expressed regret that New This is a negative right, that is, the right Zealand does not consider it necessary to to not be denied the rights set out above. protect all of the prohibited grounds of “Expressed in this way s20 of NZBORA discrimination stated in the Covenant, in does not place positive obligations on the particular language.36 New Zealand Government to promote a particular minority’s enjoyment of its These concerns were reflected in the culture, religion or language”. However, Minister of Disability Issues’ proposal to the it does impose positive obligations on the Cabinet Social Development Committee State to avoid known threats to such rights, seeking policy agreement for the NZSL Bill: 35 in particular circumstances. Arguably, current pressures on the survival of both The legal status of the right to NZSL (and te reo Māori) represent such language has caused problems threats. with the recognition of NZSL, the 26