The application of the New Zealand bill of rights act 1990 to New Zealand state actors overseas

This paper asks three questions: could the New Zealand Bill of Rights Act 1990 (the Bill of Rights Act) apply to the acts of New Zealand state actors outside New Zealand? Should it? And to what extent should the Bill of Rights Act have extraterritorial application? It answers the first two questions in the affirmative, based on an analysis of the statutory language, the necessary implication of the Act and case law. The paper argues that the extraterritorial application of the Bill of Rights Act is also desirable. It then suggests that control over an individual by a New Zealand state actor, or a person or body that performs public functions, powers or duties conferred by or pursuant to New Zealand law, is the central requirement for applying the Bill of Rights Act extraterritorially. It also suggests that the Bill of Rights Act's language precludes the application of positive rights abroad. Finally, it suggests that the s 5 mechanism of justified limitations on rights is a tool which provides sufficient flexibility to allow the Bill of Rights Act to apply overseas both effectively and fairly.