Bora

Question 1

Boras purpose

Answer 1

Affirm, protect and promote human rights and fundamental freedoms in New Zealand

Also affirm has commitment to the international covenant on civil and political rights (1966) ICCPR

Question 2

What are human rights

Answer 2

Inherent rights accord to persons based on dignity and equality
Role in fair and legitimate criminal justice system
Relationship between state and individuals
Important as it protects people

Question 3

Understand the international context and obligations of NZ regarding the BORA 1990

Answer 3

Not binding 
After ww1- civil rights movements
UN charter 
Universal dec of human rights -include basic civil political economic, social and cultural rights 
Sources of international law

Question 4

Discuss history and background of BORA

Answer 4

I total imposed as surpreme ‘white paper bill’ Jeffery Palmer NZ not ready
Would give judges power to Strike down

Question 5

Understand the role of NZ BORA 1990 as a key part of the constitution

Answer 5

BORA is a part of the no constitution
Uncodified, unentrenched, not surpreme
Weakness, uncodified bora, makes human rights less heavy, parliament is surpreme
AC to report to parliament when bill is inconsistent with BORA

Question 6

Limitation of BORA

Answer 6

Broad articulation of rights

Authority subject to right and reasonable protection in a justified democratic society

Question 7

Critically discuss the functioning of the NZ BORA in terms of application the limitation of rights and remedies available the act

Answer 7

Remixes 
Exclusion of evidence 
Reduction in sentence -Williams v R
Compensation-Simpson v AG -upto courts not always appropriate 
Other remixes 
Declaration of inconsistency-Taylor v ag

Question 8

Critically discuss the debates on the effectiveness of the remixes under BORA and the developments regarding the NZ BORA (dec of inconsistency) amendment bill

Answer 8

Insconsistant with BORA or human

rights courts can deem inconsistent

DOI last resort

S4- cannot just invalidate bills/ legislation that is inconsistent w human rights

Formal declaration something is inconsistent w BORA informs public and parliament

Can rule something inconsistent however has no effect in terms of invalidating the legislation-just informs public and parliament a right has been breached

Problem - atm DOI does not trigger an automatic review in parliament for the right that has been breached

Bright up in TAYLOR case - prisoner right to movement

COA held inconsistently is a question of interpretation

Question 9

NZBORA (dec if in consistency ) amendment bill 2018

Answer 9

A person need an effect remedy if rights are breached
Non surpreme bora international treaty not imp
Judicial strike down would provide of remedy so court could uphold rights
Would trigger process of review

Against it -judges are not democratic

Question 10

Provide an overview of the BORA on crim justice in NZ

Answer 10

Right to fair trail

Right to life, movement