LAWS 206 - 'remedies' - 'rights'.

Front

What is the first remedy that the courts can offer a victim of executive actions that breach an NZBORA right?

Back

Under s 36 of the 2006 Act, the courts have the ability to grant a 'declaration of inconsistency' as a remedy to individuals affected by executive breach's of NZBORA.

Front

What are some of the advantages of this remedy?

Back

A DOI has a similar effect to a s7 report in that it puts Parliament and the public on notice.

This can have political consequences for the executive.

Moreover, in the case of Borrowdale, the court held that a DOI can be made, even if the executive breach is reasonably justified under s5.

Front

What are some of the disadvantages of this remedy?

Back

In the case of Taylor, the court acknowledged that a DOI cannot be used as a basis for a further claim made by the victim.