HUMAN RIGHTS IN NEW ZEALAND 20 1 0 All are equal before the law. Universal Declaration of Human Rights, Article 7 (plain text) 5. Adjudicative procedures provided by the State should be fair. The overarching objective of the rule of law and the right to justice is that fair outcomes are realised by everyone encountering the judicial process. Introduction Tïmatatanga Overall, New Zealand demonstrates an active New Zealand has traditionally enjoyed a high regard for through continual review, evaluation and ongoing legal the right to justice, which is fundamentally linked in the development. The convention is that judges are to be popular imagination to the notion of a ‘fair go’ and to the appointed without political bias. Where potential bias belief that society should be based on the rule of law. exists in the judiciary, it is identified and there are systems The rule of law is an essential foundation for a fully for ensuring that judgments are not tarnished by bias. functioning democratic system and for full and effective Although the diversity of the judiciary has increased protection of human rights. The rule of law is also somewhat over recent years, the make-up of the judiciary fundamental to economic security, as it ensures that both as a whole is still not fully reflective of society. the public and private sectors have a stable and reliable International treaty bodies have criticised New Zealand legal system for resolving commercial and other disputes. for significant discrepancies in the realisation of the right Furthermore, it establishes clear rules by which business to justice among different groups of New Zealanders, can be conducted. including disabled people; Mäori and Pacific peoples; The core principle of the rule of law is that “all persons migrant communities and international students; and and authorities within the State, whether public or children and young people. commitment to the rule of law and the right to justice private, should be bound by and entitled to the benefit of laws publicly and prospectively promulgated and administered by the courts”. 1 Lord Bingham of Cornhill, formerly senior Law Lord, has identified eight sub-rules to the rule International context Kaupapa ä taiao of law. While all overlap to some degree with the right The right to justice is fundamental to international human to justice, this chapter assesses the status of the right in rights law. The right to justice is recognised under the New Zealand against five particularly relevant sub-rules. 2 Universal Declaration on Human Rights (UDHR) through These are: the following Articles: 1. The law must be accessible, intelligible, clear and • Article 6: Everyone has the right to recognition predictable. 2. Fundamental human rights must be protected by the law. 3. Civil disputes, which the parties themselves are unable to solve, should be resolved through established procedures without prohibitive cost and in a timely fashion. 4. Ministers and public officers at all levels must exercise the powers conferred on them reasonably, in good faith, for the purpose for which the powers were conferred and without exceeding the limits of such powers. everywhere as a person before the law. • Article 7: All are equal before the law and are entitled without any discrimination to equal protection of the law. • Article 8: Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. • Article 10: Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. 1 Lord Bingham (2007), The Rule of Law, Cambridge Law Journal, Volume 66, Issue 1 pp 67–69 2 This assessment is not made from the perspective of those who are detained or are seeking asylum, which is covered in the chapters on rights of people who are detained and the rights of refugees. Lawyers David Peirse (far left) and Frances Joychild (far right) with clients (from second left) Jessie Raine, Jean Burnett and Stuart Burnett outside the High Court in Auckland. Jessie, Jean and Stuart are three of the plaintiffs in what has become known as the parents as caregiver case. The health ministry pays for carers to look after severely disabled people but not if that carer is a family member. (New Zealand Herald Photograph by Natalie Slade) 89