The country in brief
The country's law, area by area
Marriage, partnership and divorce
Marriage · Partnerships and cohabitation · Same-sex marriage · Religious ceremony · Wedding customs and ceremonies · Matrimonial property and inheritance · Divorce
Children, family and inheritance
Names · Adoption · Assisted reproduction · Childcare · Step-families
Contraception, abortion, sexuality and drugs
Contraception · Abortion · Parents: a teenager’s first relationship · Sexual orientation · Drugs and controlled substances · Alcohol and tobacco
Violence, consent and sexual offences
Consent and age of consent · Domestic violence · Female genital mutilation · Sexual offences committed abroad
Online: privacy, image, data and scams
Data protection · Privacy · Image rights · Speech and online harassment · Copyright · Identity theft · Online shopping · Romance scams
Health: pregnancy, STIs and care
Pregnancy · Periods and period products · Sex therapy · Mental health · Dental care · HIV and AIDS · Hepatitis B · HPV
Fundamental rights
Key points
| Statute | New Zealand Bill of Rights Act 1990 |
|---|---|
| Section 4 | Courts cannot invalidate or refuse to apply other legislation |
| Section 6 | Rights-consistent interpretation where the wording allows |
| Declarations of inconsistency | Statutory since 2022, requiring a response to Parliament |
| Human Rights Act 1993 | Discrimination complaints, including against private parties |
| Tribunal | Human Rights Review Tribunal awards remedies |
| Section 5 | Rights may be limited by reasonable limits demonstrably justified |
| Attorney-General reports | Bills inconsistent with the Act must be reported to Parliament |
| Baigent damages | Compensation is available for breaches by the state |
Understanding the rules
The New Zealand Bill of Rights Act 1990 is ordinary legislation: section 4 forbids courts from invalidating other statutes. Courts must prefer a rights-consistent interpretation where possible, and the Supreme Court recognised a power to make declarations of inconsistency, which a 2022 amendment put on a statutory footing, requiring the Attorney-General to notify Parliament and the government to respond.
In practice
- Use the Commission's free mediation before the Tribunal: it is much faster.
Cost and coverage
The 2022 amendment made declarations of inconsistency a formal part of the constitutional system, requiring the executive to answer to Parliament.
Where to go
- Human Rights Commission, free complaints and mediation.
- Human Rights Review Tribunal.
- Community Law Centres.
Worth knowing
The Human Rights Commission mediation service resolves most complaints without a hearing and is free: the Tribunal has long delays. Damages for breach of the Bill of Rights by state actors are available even though the Act does not say so. The courts created the remedy.
The general article: Fundamental rights · Compare with another country
Courtship and beauty around the world
Advice
Sources
Whole page
- How the Family Court divides relationship property — Ministry of Justice, accessed 2026
- Get a marriage licence — Gouvernement néo-zélandais, accessed 2026
- Family Violence Act 2018 — Ministry of Justice, accessed 2026
- Abortion Supervisory Committee — Ministry of Justice, accessed 2026
- Privacy Act 2020 (Office of the Privacy Commissioner) — Office of the Privacy Commissioner, 2026
Fundamental rights
- Constitution of New Zealand 1840, as amended to 2023 (New Zealand country page) — ONU Femmes, 2023
- The Human Rights Act — Ministry of Justice, accessed 2026
Official or institutional documents this page relies on, consulted on 12 October 2026. Links open in a new tab.
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Text prepared with artificial intelligence, reviewed and checked by the AffectionPlus team (method and sources: About). This content does not replace medical or legal advice. Spotted an error? Write to us.