Reposted here from Reset New Zealand Party (an NZPP member).
This "Elephant in the Room" is also the Source of All of the Politically-generated Strife in New Zealand...
Bill of Rights Act (1990) (source):
The Government Control Loophole:
New Zealand does not have a single codified Constitution. It is an amalgam of several documents as well as unwritten sources. There is no real 'statement of being' for this country.
Likewise, New Zealand's Bill of Rights Act (1990) reads more like a crowd-control edict which was written in order to enforce laws and statutes rather than outline and document the actual rights themselves. The main reason for this is that New Zealand never had a Bill of Rights up until that point. Much of the Bill of Rights Act (1990) was taken from the Canadian Bill of Rights.
The 1990 document itself was pushed through as a consequence of New Zealand signing the UN International Covenant on Civil and Political Rights (ICCPR) treaty, and the hand of the UN can be seen clearly in its definition.
The New Zealand 'Constitution' and 'Bill of Rights' are separate documents from the governmental structure and laws, INSTEAD OF BEING THE FOUNDATION FOR THEM.
By their creation, both the Constitution Act (1986) and the New Zealand Bill of Rights Act (1990) are only statutes that were written well after the foundation of the governmental laws and structure, and they are subservient to them.
In fact, Section 4 of the Bill of Rights specifically denies the Act any supremacy over other legislation.
These few lines invalidate the entire reason for having a Bill of Rights in the first place:
4. Other enactments not affected
No court shall, in relation to any enactment (whether passed or made before or after the commencement of this Bill of Rights),—
(a) hold any provision of the enactment to be impliedly repealed or revoked, or to be in any way invalid or ineffective;
(b) decline to apply any provision of the enactment— by reason only that the provision is inconsistent with any provision of this Bill of Rights.
Parliamentary laws can, therefore, by definition, change the meaning of or alter the solidity of core Rights and Constitutional principals – an occurrence which should never be allowed to happen this easily.
As such, there is no Constitutional Law. Legislation written does not refer back to the Constitution or Bill of Rights [nor is it required to], which creates further problems once enacted.
[In plain English, these few lines are the government's "dirty little secret" and is why New Zealander's rights can so quickly be diminished:
– instant gun control laws after the ChCh attack without any due process or credible historical data.
– unfounded lengthy country-wide lockdown (including arrests for breaking the lockdown rules) for COVID-19 which resulted in the near-total collapse of the economy.
– NZ Government voting themselves EXTREME POLICE POWERS: The COVID-19 Public Health Response Bill includes warrantless entry by Police, forced medical procedures for classes of people, mandatory ID checks, and more...
– the erosion of Property Rights without any vote, referendum, or legal recourse. This is a UN 2030 goal and is in operation right now in NZ under the 'guise' of protecting the wildlife. SNA (Significant Nature Areas) are being used to TAKE the property of farmers and country landowners -- without reasonable recompense and no way to fight it or stop it. The owning of all farmland by the State is also a UN 2030 mandate (which you did not vote for).
– the outright attack on religious rights (all religions) by the COVID-19 Public Health (Alert Level 2) Order 2020 which limited the number of those gathering at a church to the same limit as you would find at a small cafe´ or restaurant, 10 people, regardless of the size of the venue or building. [The New Zealand Police blatantly disregarded this order and issued their own supplement that was based on the size of the building.]
– The 'Right to Life' of babies taken away by the Abortion Legislation Bill, which was passed into law during the Level 4 lockdown, with no public consultation or referendum. This has been deemed the cruellest and most extreme abortion law in the world. source
Basically any new legislation enacted by Parliament (or old legislation that already exists) can be used to greatly restrict or nullify ANY of your Rights...with the stroke of a pen...and without your authorisation.
Given the above information, the upcoming 'Hate Speech' legislation could be a seriously easy step towards a complete totalitarian rule...[for your safety, of course, comrade.]
"The UN Human Rights Committee criticised New Zealand for the lack of court power to strike down legislation inconsistent with the Bill of Rights Act 1990. They equated this lack of power with a lack of human rights protection." – United Nations, 28 April 2016 source
The Reset New Zealand Party was the first small party to merge with NZPP.