NZBORA - remedies (DOI) Flashcards
what is a doi
a formal declaration that a law is inconsistent with NZBORA
Why is there judicial reluctance around DOI
as it bends and some would say breaks the law as it is essentially telling p they made bad law
when was the first DOI
2015 in the Taylor case
Taylor v ag
Prisoners were banned from voting and court found that the van was not demonstrably justified per s5
what did t want in Taylor v ag
t sought a declaration that the law was inconsistent with nzbora s12 rights
Taylor v ag held
the court had a jurisdiction to issue a doi as it is nessacry to vindicate rights if legislation breaches nzbora unjustifiably
make it 16 v ag doi
Parliament sets the voting age, but courts can declare the law, including issuing a declaration of inconsistency. This doesn’t stop Parliament from making a different decision later.
nzbora BOI amendment act 2022
more recently, parliament amended nzbora to provide more hurdles the government has to jump in order to breach NZBORA unjustifiably
nzbora BOI amendment act 2022
s7a
where the court issues a doi and there are no further appeals available the AG must notify parliament within 6 days
nzbora BOI amendment act 2022
s7b
the minister responsible for the legislation must then write a report in response within 6 months of the notification present a report to the house brining the doi to their attention
air nelson
relief is discretionary
