The statutory and common law context [86] The Supreme Court of New Zealand, first established in 1841, was given “jurisdiction in all cases as fully as Her Majesty’s Courts of Queen’s Bench Common Pleas and Exchequer at Westminster have in England” and “all such equitable jurisdiction as the Lord High Chancellor of Great Britain hath in England”.102 The jurisdiction conferred included the inherent jurisdiction of the British courts as well as jurisdiction conferred by statute. When the Judicature Act was enacted in 1908, it provided that “[t]he Court shall continue to have all the jurisdiction which it had on the coming into operation of this Act and all judicial jurisdiction which may be necessary to administer the laws of New Zealand”.103 The Supreme Court, renamed the High Court in 1980, has continued to have the jurisdiction described in the Judicature Act 1908. [87] Today the general jurisdiction of the High Court is described in s 12 of the Senior Courts Act 2016: 12 Jurisdiction of High Court The High Court has— [88] (a) the jurisdiction that it had on the commencement of this Act; and (b) the judicial jurisdiction that may be necessary to administer the laws of New Zealand; and (c) the jurisdiction conferred on it by any other Act. The New Zealand Bill of Rights Act 1990 was enacted “to affirm, protect, and promote human rights and fundamental freedoms in New Zealand” and “to affirm New Zealand’s commitment to the International Covenant on Civil and Political Rights”.104 It “affirms” the “rights and freedoms” identified in Part 2 of the Act, largely patterned on the provisions of the ICCPR, but makes it clear that “existing” rights and freedoms 102 103 104 Supreme Court Ordinance 1841 5 Vict 1, cls 2 and 3. Clauses 2 and 3 of the Supreme Court Ordinance 1844 7 Vict 1 (which replaced the 1841 Ordinance following its disallowance) were in the same terms. Judicature Act 1908, s 16. Long title, referring to the International Covenant on Civil and Political Rights 999 UNTS 171 (opened for signature 16 December 1966, entered into force 23 March 1976).