Patch It Up Parliament: Is the Bill of Rights Discourse Failing New Zealand Gangs?

Abstract

This paper investigates the strength of the New Zealand Bill of Rights Act 1990 (NZBORA) in protecting the rights of some of New Zealand’s most contentious citizens. Specifically, it examines whether the NZBORA is an effective check on both primary and subordinate legislation that seeks to restrict the ability of Wanganui gang members to display gang insignia. It therefore undertakes an analysis of freedom of expression as it applies to the display of gang insignia. The author draws upon recent case law and specific features of New Zealand’s legislative framework in concluding that, in this case, the NZBORA is incapable of protecting an unpopular minority’s rights. This deficiency is exacerbated where the limitation of those rights is passionately demanded by the majority. Condemning the NZBORA entirely, however, would be going too far. In other cases, the NZBORA is working well. The author concludes that if rights of minorities are to be upheld, a shift in Parliamentary culture is needed.