Human rights in New Zealand: Emerging faultlines [Book Review]

Judy McGregor, Sylvia Bell and Margaret Wilson (2016) Human Rights in New Zealand: Emerging Faultlines. Bridget Williams Books with the New Zealand Law Foundation: Wellington, 252 pages.Reviewed by Heather DevereIn earthquake prone New Zealand, the concept of faultlines has resonance. This metaphor as applied to Human Rights refers to the significant shortcomings emerging in the application of the legislation in Aotearoa New Zealand. The preface by Dame Silvia Cartwright, who has served both as High Court Judge and Governor General, suggests that this book is 'opportune' in an era where individuals are aware of their rights, but not necessarily of why they exist or are important. She adds that there is a need to 'rejuvenate' the process and 'inspire afresh the states whose role it is to lead and implement the rights that underpin a just and successful society' (p.8).The results of a four-year study funded by the New Zealand Law Foundation, first published as a report on the AUT website in 2015,1 brings together the seven major international rights treaties that New Zealand has ratified to assess the extent to which New Zealand adheres to these covenants. The three authors are well qualified to make this evaluation. Professor Judy McGregor currently heads the School of Social Sciences and Public Policy at Auckland University of Technology. A trained lawyer, journalist and author, she is also a former Equal Employment Opportunities Commissioner with the New Zealand Human Rights Commission. Sylvia Bell is a Human Rights lawyer who is the Principal legal and policy analyst at the Human Rights Commission. Professor Margaret Wilson, founding Dean of the Law School at Waikato University, is former President of the New Zealand Labour Party, Minister of the Crown, Chief Advisor and Head of the Prime Minister's office, and Speaker of Parliament.A range of audiences will find this book very useful and enlightening, in that it is a coherent account of the international human rights treaty framework and New Zealand's response both legislatively, and through legal and judicial interpretations. Politicians and government servants; researchers, teachers and students of law, politics and international relations; NGOs and not-for-profit organisations; and those with an interest in human rights will find this a valuable resource.The history of New Zealand's involvement in the development of human rights is traced through three phases: 1948-1968; 1968-1990; and 1990-2016. New Zealand participated in the post WWII discussions with other Allied Nations prior to the signing of the UN Charter in 1945 (which became the Universal Declaration of Human Rights in 1948); integrated human rights into the legislative framework in the second half of the 20th Century, and witnessed an increase in challenges through the courts concerning adherence to those rights in the transition through to the new millennium. There is reference to the perception that New Zealand's influence is 'far out of proportion' to its size and strength (p.13), as well as to complacency about formal recognition of rights because 'there were so few problems of that sort here' (p.14). It is noted that these opinions have persisted, with the current Prime Minister, John Key, in reaction to the release of the initial 2015 report, expressing the view that 'there is no real problem, but instead New Zealand is a global leader in human rights' (p.209). However, the authors of this book find that this self-assessment is 'fragile' and recommend that human rights need to be 're-envisioned' (p.210).This tension between the pride of New Zealanders about their human rights record and the realities of the precarious protection of those rights forms the theme that highlights the faultlines. Each of the seven treaties are examined to assess whether the commitment to rights is making a practical difference and 'helping us to live better lives'; whether this is followed through in the monitoring of government accountability; and whether fundamental freedoms are promoted and protected (p. …