The Application of International Human Rights Law in New Zealand

Abstract

This article considers the subject matter and characteristics of the wide range of human rights obligations and treaties by which New Zealand is bound. It discusses the constitutional status of human rights treaties in New Zealand law, their legislative implementation, and judicial approaches to the interpretation of legislation in light of human rights instruments. Here the author distinguishes three situations that involve interpreting legislation by reference to a treaty, first, where the legislation in question is in line with the relevant treaty provisions. Second, where the legislation is intended to give effect to the treaty, but it departs from the treaty’s wording. Finally, where the legislation is not concerned with the treaty but the treaty is nevertheless claimed to be relevant to the legislation’s operation. The article concludes by discussing legal education and by evaluating some relevant constitutional questions.