Rights

Question 1

What are rights?

Answer 1

Rights are political claims

Question 2

What is the NZBORA act?

Answer 2

Affirms and protects human rights (mainly civil and political rights eg. freedom of expression)

Question 3

What is proportionality

Answer 3

Courts will insist that any government action that breached rights is proportional to the government aim of action

Question 4

What is the Hansen Test?

Answer 4

The Hansen test is a test used to help courts apply certain sections of the New Zealand Bill of Rights Act to decide whether someone’s rights have been unjustifiably breached or not. Section 4, 5 and 6 are the key sections for determining whether this unjustified breach occurred or not.

Question 5

What is step 1 of the Hansen Test?

Answer 5

Parliament’s intended meaning (what do words mean, what is parliament trying to communicate)

Question 6

What is step 2 of the Hansen Test?

Answer 6

Apparent inconsistency (is the meaning inconsistent with relevant right)

Question 7

What is step 3 of the Hansen Test?

Answer 7

Section 5: Is the limit demonstrably justified (whether there’s reason for the limit)

Question 8

What is step 4 of the Hansen Test?

Answer 8

if limit is justified parliaments intended meaning prevails

Question 9

What is step 5 of the Hansen Test?

Answer 9

Section 6: If not, try to give a rights consistent interpretation (in favour of person whose rights were breached)

Question 10

What is step 6 of the Hansen Test?

Answer 10

Section 4: If rights consistent not possible, breach is allowed (then goes back to step 1)

Question 11

What is the market place of ideas?

Answer 11

Freedom of expression protects the competition between ideas. There are rival or competing versions of the truth and none of us can truly identify what that truth is. The marketplace acts as the arbiter of what is true and what is not

Question 12

What do rights protect us from and not protect us from?

Answer 12

Rights protect us from civil and political spheres but not social (no right to property, finances etc)

Question 13

Explain freedom of expression?

Answer 13

Gives people power to express their opinions. Challenges those in power and strengthens democracy

Question 14

Explain the remedies relevant to NZBORA?

Answer 14

No remedies set out in NZBORA. Damages come from Baigent’s case, since no evidence was gathered damages was only possible remedy. Declaration of inconsistency comes from R v Taylor, parliament has to respond to declaration but doesn’t mean change. Damages for executive, declaration for parliament