Bill of Rights 1990, ss 4, 5, 6
Section 5 of BORA says that there are times where the rights in the Act can be limited.
This is legally allowed, as long as those limits are “demonstrably justified in a free and democratic society.”
This means that the government can pass laws that breach BORA if they want to, and government agencies or officials may, in some circumstances, be allowed to breach these rights, too.
These limitations are there so that society can function properly, and so you don’t breach another person’s rights by exercising your own rights. This is always a balancing act – whether it is justified to breach BORA will depend on the circumstances.
Some examples of where a breach of BORA is seen to be justified and legal in New Zealand:
BORA says everyone over 18 has the right to vote in democratic elections. New Zealand law puts some limitations on this. For example, if you’ve been sentenced to prison for 3 or more years, you don’t have the right to vote. The government has said this is justified, because they consider this as a fair restriction for someone who has committed a serious crime.
BORA says everyone has the right to freedom of speech. New Zealand law puts some limitations on this. For example, you can’t make violent threats against people, or say racist things in public. The government has said this is justified, because doing those things would breach other people’s rights.
BORA says all New Zealanders have the right to leave and enter New Zealand. New Zealand law puts some limitations on this. For example, if you’ve been arrested and you’re on bail, you may not be able to leave the country. The government has said this is justified, because if you leave you may not come back to attend court.