R v Hansen - [2007] 3 NZLR 1

Constitutional law — New Zealand Bill of Rights Act 1990 — Approach of Court in interpreting prima facie limiting provision — Whether Court to consider whether limitation in natural meaning justified in free and democratic society before seeking alternative meaning — New Zealand Bill of Rights Act 1990, ss4, 5 and 6.

Evidence — Burden of proof — Deeming provision unless “contrary is proved” — Whether imposed burden of proof or evidential burden on defence — Whether “proved” capable of meaning “tested” — Misuse of Drugs Act 1975, s6(6).

Practice and procedure — Appeals — New Zealand Bill of Rights Act 1990 — Argument whether limitation on right justifiable in free and democratic society — Admissibility of evidence of what was before Parliament when enacting limiting provision — Requirements for admission.

Statutes — Interpretation — New Zealand Bill of Rights Act 1990 — Approach of Court in interpreting prima facie limiting provision — Whether Court to consider whether limitation in natural meaning justified in free and democratic society before seeking alternative meaning — New Zealand Bill of Rights Act 1990, ss4, 5 and 6.