Taylor v Attorney-General - [2015] 3 NZLR 791

Constitutional law — New Zealand Bill of Rights Act 1990 — Whether Parliament passed legislation inconsistent with NZBORA — Whether Parliament passed legislation not justifiable in a free and democratic society — Whether Court should make formal declaration — Whether remedy needed for breach of NZBORA — Whether declaration contravened 1688 Bill of Rights or comity — Requirement for applicants to exhaust domestic remedies — Purpose of declaration to draw public attention to inconsistency — Bill of Rights 1688, Art 9 (Imperial).

Courts — Jurisdiction — Whether Court had jurisdiction to made declaration of inconsistency — Whether declaration should be made — Whether duty to indicate inconsistency — Significance of Human Rights Review Tribunal’s authority to make declaration of inconsistency — Human Rights Act 1993, s 92J.