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Interpreting New Zealand Bill of Rights Act 1990 Section 5: A Substantive Limit or a Mandatory Consideration?
Graduate Thesis/Dissertation   Open access

Interpreting New Zealand Bill of Rights Act 1990 Section 5: A Substantive Limit or a Mandatory Consideration?

Sam Connor Hewson
~ Bachelor of Laws with Honours - LLB (Hons), University of Otago
2024
Handle:
https://hdl.handle.net/10523/46942
Appears in  Dissertations

Abstract

New Zealand Law New Zealand Bill of Rights Act 1990 section 5 administrative decision-making Otago Yearbook of Legal Research
This dissertation addresses the role s 5 of the New Zealand Bill of Rights Act 1990 (NZBORA) plays in administrative decision-making. What this section requires of decision-makers remains unclear thirty-four years after NZBORA was enacted. There is debate among commentators whether s 5 requires consideration of NZBORA affirmed rights and freedoms (NZBORA rights) by the decision-maker or for the substantive decision to be consistent with NZBORA rights — or some combination of both.
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