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

2. 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

3. 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”

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

5. 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

6. 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

7. 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