She recognised Geoffrey Palmer's contribution to the legislation at a University of Canterbury event
Chief justice Dame Helen Winkelmann has put the spotlight on the Bill of Rights at a conference jointly hosted by the University of Canterbury Faculty of Law and the New Zealand Law Society.
Winkelmann highlighted the role of Geoffrey Palmer, who was the principal architect of the legislation, at the Bill of Rights Act: Legacy and Lessons – where to now conference. The conference was held to commemorate the 35th year of the law’s implementation and discuss its future.
The chief justice said the Bill of Rights had been key to addressing the societal friction resulting from the COVID-19 pandemic. She also noted that it had served as a cornerstone for procedural and fair trial rights.
Winkelmann highlighted how public decision makers are mandated to justify rights limiting decisions challenged in court under section 5 of the bill. She also pointed out the difference between New Zealand and the UK at the policy and legislative stage when it came to focusing on rights inconsistency; under section 7 of New Zealand’s Bill of Rights, pre-enactment vetting of legislation is necessary.
She indicated that under the Act, the courts’ role has evolved based on the country’s legal and cultural context.
“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”, Law Society chief executive Katie Rusbatch said at the conference.
She emphasised the role of the organisation’s human rights and privacy law committee in tracking the compliance of pitched laws with the Bill of Rights since 1998. She pointed to emerging issues like how AI impacts transparency and how diversity drives reflection on cultural rights.
The Bill of Rights Act: Legacy and Lessons – where to now conference was held this week over two days. The event also touched on the Te Ao Māori and Pasifika perspectives on the Bill of Rights as well as its effect on technology and criminal law.
