A Permit to Protest: Local Government Bylaws and Freedom of Expression

Abstract

This paper looks at the regulation of protest using local government bylaws. The ‘right to protest’ is derived primarily from the rights to freedom of expression and peaceful assembly in the New Zealand Bill of Rights Act 1990 (NZBORA). New Zealand case law is evolving towards a recognition that the fundamental nature of these right, particularly that of expression requires that their exercise be minimally impaired. Since 2003, the Local Government Act 2002 has required that all bylaws comply with NZBORA. One of the objectives of many bylaws is to regulated competing interests in public space (including roads), including their use for protest. The second part of this paper assesses the Auckland City Council Public Places Bylaw No 20; which requires a ‘permit to protest’, for NZBORA compliance. The equivalent bylaws of Manukau, Wellington and Christchurch are compared. It concludes that while a permit scheme may be justified under s5 NZBORA, the Auckland City Council permit scheme is not open to challenge.