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Constitution of New Zealand 1840, as amended to 2023
Judicial Protection
- EnglishThis Bill of Rights applies only to acts done—
(a) by the legislative, executive, or judicial branches of the Government of New Zealand;
… (Bill of Rights Act 1990, Sec. 3)
Judicial Protection
- EnglishNo court shall, in relation to any enactment (whether passed or made before or after the commencement of this Bill of Rights),—
(a) hold any provision of the enactment to be impliedly repealed or revoked, or to be in any way invalid or ineffective; or
(b) decline to apply any provision of the enactment—by reason only that the provision is inconsistent with any provision of this Bill of Rights. (Bill of Rights Act 1990, Sec. 4)
Judicial Protection
- English(1) Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person's rights, obligations, or interests protected or recognised by law.
(2) Every person whose rights, obligations, or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination.
… (Bill of Rights Act 1990, Sec. 27)
Judicial Protection
- EnglishThe Tribunal constituted by section 45 of the Human Rights Commission Act 1977 and, immediately before 1 January 2002 (being the date of the commencement of the Human Rights Amendment Act 2001), known as the Complaints Review Tribunal shall continue in being, and, on and after 1 January 2002, is called the Human Rights Review Tribunal. (Human Rights Act 1993, Sec. 93)
Judicial Protection
- EnglishThe functions of the Tribunal shall be—
(a) to consider and adjudicate upon proceedings brought pursuant to sections 92B, 92E, 95, and 97:
(b) to exercise and perform such other functions, powers, and duties as are conferred or imposed on it by or under this Act or any other enactment. (Human Rights Act 1993. Sec. 94)
1
New Zealand does not have a codified constitution, its constitutional order exists of multiple Acts of Parliament, legal documents, Court decisions and generally accepted conventions. For the purposes of this database, the following texts are take into account:
- Treaty of Waitangi Act 1975, as amended to 2022 (including Treaty of Waitangi 1840 in Schedule 1)
- Constitution Act 1986, as amended to 2005
- Bill of Rights Act 1990, as amended to 2022
- Human Rights Act 1993, as amended to 2022
- Electoral Act 1993, as amended to 2023
2
Part 2 on Unlawful Discrimination.
3
Part 2 on Unlawful Discrimination.
4
For all provisions on discrimination in employment matters, refer to: “Exceptions in relation to employment matters,” Sections 24-35; prohibition on “Discrimination in partnerships,” Sec. 36; “Discrimination by industrial and professional associations, qualifying bodies, and vocational training Bodies,” Sections 37-41; and “Special provisions relating to superannuation schemes,” Sec. 70.
5
Part 2 on Unlawful Discrimination.
6
Part 2 on Unlawful Discrimination.
7, 8
7 - Part 1A on Discrimination by Government, related persons and bodies, or persons or bodies acting with legal authority.
8 - According to Sec. 3: “(a) the legislative, executive, or judicial branch of the Government of New Zealand; or (b) a person or body in the performance of any public function, power, or duty conferred or imposed on that person or body by or pursuant to law.”
9
Part 2 on Unlawful Discrimination.
10
Section 57 on Educational Establishments.
11
According to Sec. 5 of the Conversion Practices Prohibition Legislation Act: "… conversion practice means any practice, sustained effort, or treatment that— (a) is directed towards an individual because of the individual’s sexual orientation, gender identity, or gender expression; and (b) is done with the intention of changing or suppressing the individual’s sexual orientation, gender identity, or gender expression. ..."