private administrative body to see whether they
acted within the powers given to them by the
law. Generally, a person needs to be affected
by a decision to apply for judicial review, but
the Court increasingly allows applications from
people when the decision relates to a matter of
public interest. The Court can grant interim relief
preventing a decision being made or given effect
to.
5.2 International
Optional Protocol to the ICCPR
While the right to privacy is not included in the
BORA, individuals may still seek a remedy under
the individual complaints procedure of the
Optional Protocol to the ICCPR. New Zealand has
been a party to the Optional Protocol since 1989,
which allows individuals to make complaints
to the UNHRC if they believe their rights under
the ICCPR have been violated. Complaints are
only accepted if all domestic remedies have
been exhausted. The UNHRC examines the
admissibility and merits of the complaint and if
it decides that the individual’s rights have been
violated will make recommendations to the State
party concerned.
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