Twenty Seconds on NZ’s UPR – the right to a remedy for judicial breach of the NZBORA

Right to a remedy

  1. During New Zealand’s UPR in 2009, the (Government’s) National Report stated, in relation to the right to a remedy for human rights violations, that “individuals who consider that any of their rights under the NZBORA have been infringed can bring an action against the Government. A number of remedies are available, including the ability to award damages or compensation and to exclude evidence obtained in breach of a right guaranteed by the BORA”. At this time, the Government’s Attorney General was arguing in the courts that this right to a remedy[1] did not apply to breach of the NZBORA by the judiciary, a claim that was eventually upheld by the Supreme Court.[2]

 

  1. Recommendation
  • That the NZBORA be amended to provide an explicit right to a remedy for breach of the NZBORA, including by the judiciary.

[1] The right to monetary compensation was established in Simpson v Attorney General [1994] 3 NZLR 667 (Baigent’s Case).

[2] Attorney General v Chapman [2011] NZSC 110