Bill of Rights Act 1990

Question 1

The Bill of Rights relates to peoples freedoms and rights for such things as:

Answer 1

Right to life
Right to vote if 18+
Right not to be tortured
Freedom of thought & religion
Freedom from discrimination.

Applies to any power, duty or act of any member of the government, the judiciary or public body which may affect an individual’s rights or freedoms.

The Bill of Rights identifies those basic human rights that should be enjoyed by all New Zealanders.

Question 2

NEW ZEALAND BILL OF RIGHTS ACT 1990

Section 21

Answer 2

Section 21 – Search and Seizure

Every person should be secure against unreasonable search and seizure of their person, property or correspondence.

3 kinds of reasonable search:

Statutory power to search.
Search pursuant to arrest.
Search by informed consent.

Question 3

NEW ZEALAND BILL OF RIGHTS ACT 1990

Section 22

Answer 3

Section 22 – Arbitrary Detention

Every person is protected from arbitrary or random arrest or detention.

Under Section 22, To avoid arbitrarily detaining you must advise the suspect:

“You are free to leave at any time”
“You do not have to remain to answer any questions”

This applies when:

Speaking to a suspect in the back of a police car.
Return with and interview a suspect at a station.
Speaking to a suspect in any other place.

Question 4

NEW ZEALAND BILL OF RIGHTS ACT 1990

Section 23

Answer 4

Section 23 – Rights of persons arrested or detained

Anyone arrested or detained must be given their Caution Rights.

Arrested - You are under arrest for (state an offence)
Detained – You are being detained under section ..….… of the …….… Act.
Both are followed by the BOR Caution.

Question 5

NEW ZEALAND BILL OF RIGHTS ACT 1990

Section 24

Answer 5

Section 24 – Rights of persons charged

Anyone charged with an offence must be given their Caution Rights.