Rights Flashcards
How do judicial review principles protect rights and liberties? (4)
- Economic freedom
- Equality under the law:
- Reputation
- Healthcare
How does the Bill of Rights Act apply to administrative decision-makers?
Whenever parliament legislates it should consider the bora. S6 – all legislations should read the BoRA before it is enacted
How does the Bill of Rights Act fit into judicial review?
Thinking about administrative decisions that are inconsistent with the bora
Case for economic freedom?
Fiordland Version
Case for equality under the law?
Rookie’s Case and Waikato Airpoty
Case for reputation?
Peters
Case for equality under the law?
Rookie’s Case and Waikato Airport
Case for Principle of Legality, Proportionality and Right of Access to Court?
Unison
What is Unison approach on the right to access the court?
Whether the impediment or hindrance in question had been clearly authorised by primary legislation
Which section of BORA discusses application?
s 3
Which section of BORA discusses other applications not affected?
s 4
Which section of BORA discusses justified limiations?
s 5
How do you apply s 5? And what is the test called?
“This approach can be said to raise the following issues:
(a) does the limiting measure serve a purpose sufficiently important to justify curtailment of the right or freedom?
(b) (i) is the limiting measure rationally connected with its purpose?
(ii) does the limiting measure impair the right or freedom no more than is reasonably necessary for sufficient achievement of its purpose?
(iii) is the limit in due proportion to the importance of the objective?”
- Tipping J in Hansen
Which section of BORA discusses interpretation consistent with BORA to be preferred?
s 6
What are we mainly looking at when it comes to BORA?
Reasonableness (not Wednesbury)
