Rights Bill Has ‘narrow Range’ (Press, 16 May 1985)
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Summary: Rights Bill Has ‘narrow Range’ (Press, 16 May 1985)
On 16 May 1985, New Zealand's Minister of Justice, Mr Palmer, expressed his opposition to including controversial economic and social rights clauses in the proposed Bill of Rights. Speaking at a public seminar at Waikato University, he drew on the negative reactions to similar clauses in Australia, which have faced strong backlash from extreme right-wing groups. He compared the contentiousness surrounding these clauses to the debates triggered by the homosexual law reform bill. Mr Palmer highlighted that the Canadian Charter of Rights, which served as a model for New Zealand's draft, contained provisions for affirmative action for minorities and women. This inclusion resulted from "political horse trading" among Canadian leaders, particularly between the Federal Prime Minister and provincial premiers. He was clear that he preferred not to include economic and social rights in the New Zealand bill, emphasising that judges should not be tasked with resolving issues related to taxation and social policies, which are currently outside the scope of legal action. The draft bill, as envisioned by Mr Palmer, would focus narrowly on civil and political rights. He asserted that it would not afford judges the extensive powers found in the United States Constitution. Nevertheless, he was open to considering a wide array of additional rights that could be incorporated into the bill, referring to this potential expansion as a "very extensive shopping list." Ultimately, the aim of the bill would be to establish standards for law-making grounded in overarching principles, rather than getting bogged down by minor distinctions or complex legalities. The proposed legislation is set to provide a foundational test for all statutes and common law in New Zealand, reflecting Mr Palmer's desire for a clear and principled approach to human rights legislation.
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