[18] Finally, the Court determined that it was open to the High Court to make a declaration in this case and noted that it was “right to do so”.23 The Court relied in this respect on the need to “convey the Court’s firm opinion that the legislation needs reconsidering and to vindicate the right”.24 [19] For completeness, we add that the Court found there had been no breach of parliamentary privilege in the use made by Heath J of the report from the Attorney-General to the House of Representatives pursuant to s 7 of the Bill of Rights.25 That aspect of the case is not in issue before us. The statutory scheme [20] The key provisions of the Bill of Rights for present purposes are the long title, ss 2–7, and s 12(a) which is set out above. The long title provides that the purpose of the Bill of Rights is two-fold, namely: [21] (a) to affirm, protect, and promote human rights and fundamental freedoms in New Zealand; and (b) to affirm New Zealand’s commitment to the International Covenant on Civil and Political Rights. Section 2 confirms that the rights and freedoms in the Bill of Rights are “affirmed”. [22] The application of the Bill of Rights is addressed in s 3. Section 3 states: This Bill of Rights applies only to acts done— 23 24 25 (a) by the legislative, executive, or judicial branches of the Government of New Zealand; or (b) by any person or body in the performance of any public function, power, or duty conferred or imposed on that person or body by or pursuant to law. At [186]. At [185]. At [146].

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