Abstract

This paper discusses the new section 5(1)(b)(i) of New Zealand's Oranga Tamariki Act 1989. The new section places an obligation on decisionmakers to respect and uphold rights contained in the United Nations Convention on the Rights of the Child, but falls short of directly incorporating the Convention into New Zealand law. We argue that this provision represents statutory codification of an emerging approach to the influence of international human rights law: one which imposes substantive obligations on domestic decisionmakers. We then illustrate the possible impact of this provision by way of three examples.

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