Presentation to Ethics Network 8 February 2010 Political Neutrality in the Public Service and the NZ Bill of Rights Act 1990

NZBORA protects individuals (including companies and Inc Societies) Overview NZBORA protects individuals (including companies and Inc Societies) Protects from what? Applies to things which are done by the state (the three branches of government) and other public bodies

The government, public bodies and courts can place limits on the rights in the BORA but only if they are reasonable limits that can be “demonstrably justified in a free and democratic society”

The limits must be authorised: explicitly or implicitly by an Act or regulations or law made by the courts

The Rights Life and security of the person Political and other democratic rights Restrictions on police arrest detention and search Rights when detained or under arrest Criminal proceedings General principles of justice

Political and other democratic rights Includes: Voting, religious expression, minority culture rights freedom from discrimination, travel in, out of and around NZ Our concern is freedom of political action Freedom of expression Freedom of association Freedom of peaceful assembly

Remedies BORA doesn’t state the remedies but the courts have a number of remedies available including : Civil action for damages (tort) High Court action by way of a declaration of rights