Section 6 of the Bill of Rights Act 1990: A Case for a Parliamentary Responsibility for Human Rights and Freedoms

Abstract

The author addresses the role of the Courts in considering whether delegated legislation is ultra vires by reason of breaching the New Zealand Bill of Rights Act 1990.  He suggests that such review should not consider whether the limitation in any such regulation is justifiable in a free and democratic society, but ought to only consider if it infringes rights and freedoms contained in the Bill of Rights Act.  In his view, not only would such an approach result in much delegated legislation being held to be ultra vires, but that it would force Parliament to take responsibility for the rights guaranteed by the Bill of Rights Act by closely considering them when enacting provisions which permit delegated legislation.