Chief Justice Dame Helen Winkelmann today paid tribute to the principal architect of the New Zealand Bill of Rights Act, the Right Honourable Sir Geoffrey Palmer, acknowledging his work on one of the most important pieces of legislation ever enacted by a New Zealand Parliament. Justice Winkelmann was speaking at the Bill of Rights Act: Legacy and Lessons – where to now conference at the University of Canterbury in Christchurch. The conference was hosted by the University of Canterbury Faculty of Law, in collaboration with the New Zealand Law Society, to mark the Act’s anniversary and reflect on its legacy and future.

Justice Winkelmann gave a high-level review of the how the framework for rights protection is given effect to in New Zealand. She noted that it has provided a strong anchor for procedural and fair trial rights and highlighted its important role in managing the societal friction consequent upon the recent COVID pandemic. “The commitment made in the Bill to affirm and promote the rights has undoubtedly changed the status of rights in our law.”

Justice Winkelmann described how section 5 of the Bill of Rights requires public decision makers to produce justification for rights limiting decisions if challenged in court, and referenced Lord Bingham’s response to accusations that judges adjudicating rights issues were impermissibly exercising political power “...the function of independent judges charged to interpret and apply the law is universally recognised as a cardinal feature of the modern democratic state, a cornerstone of the rule of law...”.

In discussing section 7 of the Bill of Rights which requires pre-enactment vetting of legislation, Justice Winkelmann observed a substantial difference between the United Kingdom and New Zealand at both the policy and legislative stage in the weight given to rights inconsistency.

Chief Executive of the New Zealand Law Society, Katie Rusbatch, told around 90 conference delegates that over the last 35 years, lawyers and academics have shaped the way the Bill of Rights is understood in society — through court work, submissions to Select Committees, academic scholarship, commentary, and advocacy in the media.

“Collectively, we have built a body of knowledge, custom and jurisprudence which guides both government and citizens, helping to ensure that the Bill of Rights is at the forefront of the significant societal change we continue to witness,” Ms Rusbatch said.

She noted since 1998, the Law Society’s Human Rights and Privacy Law Committee has been dedicated to monitoring proposed legislation for its compliance with the Bill of Rights Act. Ms Rusbatch also referenced the Law Society’s recent Rule of Law in Aotearoa report, which highlighted ongoing concerns about the effectiveness of mechanisms designed to ensure legislation is consistent with the Act.

Ms Rusbatch acknowledged more work is needed to uphold and strengthen rights in Aotearoa especially in response to emerging pressures, such as artificial intelligence raising questions about transparency, and our diversity prompting reflection on cultural rights.

This sentiment was echoed by a number of of speakers during the two-day event, which considered topics ranging from the Act from Te Ao Māori and Pasifika perspectives, to its impact on technology and criminal law.

Speaking about human rights on the international stage, Professor Kate O’Regan from Oxford University described the present decline in democracy across the world, and how this is changing the relationship between the courts and the executive. She also covered differences in the ways Bills of Rights have been constructed, and how they are practised in different jurisdictions.

Reflecting on the courts’ evolving role under the Bill of Rights Act, Chief Justice Dame Helen Winkelmann noted that a distinctive approach has gradually emerged — one shaped by New Zealand’s unique legal and cultural context, and not necessarily as its original proponents had imagined.

A full text of the Chief Justice’s address is intended to be available on the Courts of New Zealand website in due course.