A sketch from the blue train—non‐discrimination and freedom of expression: The New Zealand contribution

Abstract

This is a revised version of a lecture originally given by Sir Robin at the Sixth Judicial Colloquium on the Domestic Application of International Human Rights Norms, held at Bloemfontein, South Africa, on 3-5 September 1993. Sir Robin discusses the New Zealand approach to freedom of expression and non-discrimination. He first outlines the place of the New Zealand Bill of Rights Act 1990 within New Zealand’s constitutional framework. He then assesses New Zealand’s approach to freedom of expression under the NZBORA and Bill of Rights 1689, drawing on major decisions concerning media freedom and parliamentary privilege, TV3 Network Ltd v Eveready New Zealand Ltd [1993] 3 NZLR 435, Television New Zealand Ltd v Prebble [1993] 3 NZLR 513, and the Spycatcher litigation reported at [1988] 1 NZLR 129. Sir Robin then analyses New Zealand’s approach to anti-discrimination under the NZBORA and the Human Rights Act. He concludes by considering several Treaty of Waitangi cases, in particular Te Runanga o Wharekauri Rekohu Inc v Attorney-General [1993] 2 NZLR 301 (the Sealord case), as potential examples of positive discrimination. Abstract written by Tim Cochrane