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Vol 21 No 11 Nov/Dec 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
The New Zealand Bill of Rights Act: A Commentary 2nd ed isbn 9781927183601

The New Zealand Bill of Rights Act: A Commentary


ISBN13: 9780408716390
ISBN: 0408716398
New Edition ISBN: 9781927183601
Published: January 2006
Publisher: LexisNexis New Zealand
Country of Publication: New Zealand
Format: Paperback
Price: Out of print



The New Zealand Bill of Rights Act: a commentary is intended to be the authoritative text on the law relating to the New Zealand Bill of Rights Act 1990. Written in a lively style, the commentary contains a detailed analysis of this short, but important piece of constitutional legislation.

To make it as accessible to readers as possible each chapter of the book follows a pattern of outlining similar provisions in comparable human rights systems (domestic and international), discussing the purposes of each right or provision in issue, engaging in a detailed examination of the meaning of the text of each provision, examining the extent to which justified limits can be placed on guaranteed rights and freedoms, and concluding by considering issues related to remedies where relevant.

The book reflects the authors’ many years of combined experience in human rights law as both practitioners and academics. Comparative analysis is a strong feature of the commentary. Throughout, the authors evaluate and critique New Zealand and overseas decisions and offer their own views as to how Bill of Rights law should develop in the future.

Subjects:
Other Jurisdictions , New Zealand
Contents:
Foreword
Dedication
Preface
Note on Comparative Material
Table of Contents
Table of Cases
Table of Statutes
Table of Abbreviations
PART 1 HISTORY AND BACKGROUND
Chapter 1: An Overview of the Bill of Rights Act and its place in New Zealand’s Constitution
Chapter 2: Background to and History of the New Zealand Bill of Rights Act 1990
Chapter 3: The Legal Protection of Human Rights in New Zealand: A Short History and Overview of the Contemporary Scene
PART 2 GENERAL AND OPERATIONAL MATTERS
Chapter 4: Interpretation — Principles and Sources
Chapter 5: Burden and Benefit of BORA
Chapter 6: Limiting Rights
Chapter 7: Interaction with Other Enactments
Chapter 8: Attorney-General’s Duty to Report to Parliament
PART 3 SUBSTANTIVE RIGHTS
Chapter 9: Life
Chapter 10: Torture, Cruel, Degrading, or Disproportionately Severe Treatment or Punishment
Chapter 11: Right Against Medical and Scientific Experimentation and Right to Refuse Medical Treatment
Chapter 12: Electoral Rights
Chapter 13: Freedom of Expression
Chapter 14: Freedom of Religion
Chapter 15: Freedom of Assembly and Association
Chapter 16: Freedom of Movement
Chapter 17: Non-discrimination and Minority Rights
Chapter 18: Unreasonable Search and Seizure
Chapter 19: Arbitrary Arrest and Detention
Chapter 20: Rights of Persons Arrested or Detained
Chapter 21: Rights of Persons Charged with an Offence: Threshold Issues
Chapter 22: Rights of Persons Charged with an Offence
Chapter 23: Minimum Standards of Criminal Procedure
Chapter 24: Retroactive Criminal Liability and Double Jeopardy
Chapter 25: Natural Justice, Judicial Review and Crown Litigation
PART 4 REMEDIES
Chapter 26: Remedies General Observations
Chapter 27: Compensation
Chapter 28: Declaration of Inconsistency
Chapter 29: Exclusion of Evidence
Chapter 30: Stay, Discharge, Appeal and Sentence Reduction
Chapter 31: Extraordinary Remedies, Specific Performance, Judicial Review,Declarations, Habeas Corpus and Torts
Chapter 32: Supervisory Remedies
Chapter 33: Costs
Chapter 34: Litigation Issues
PART 5 CONCLUSIONS
Chapter 35: Reflections
Appendix
Index