NZBORA - intro and who is bound Flashcards
what is nzbora
tries to guarantee fundamental rights to citizens and as result imposing duties on the state to fulfil such rights
what is the most relevant thing to point out in exam
if one if the part 2 rights have been infringed on
s3 nzbora
tells us who applies to the NZBORA
S3a
legislation, executive or judicial branches of govt of nz
s3b
any person or body in the performance of any public function, power, or duty conferred or imposed on that person or body pursuant to law
if the act is not covered by s3
nzbora will not be relevant
priavte citiznes and s3
private citizens do not owe each other nzbora rights
section 3a is concerned with
the actor, states that the bill applies to all actors within the branches of govt
section 3 b is concerned with
the action, from both private or public actors
what are the three steps require in s3b
- the action is in the performance of a function power or duty
- which is conferred or imposed by or pursuant to law
- it is public