[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].