Part B The New Zealand Legal System(by Rongyue Zhang)
Freedom of Association and Peaceful Assembly
Freedom of association is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests. The right to freedom of association is recognized as a human right, a political freedom and a civil liberty.(Freedom of assembly.2011)
New Zealand is one of the signatories in the International Covenant on Civil and Political Rights. Freedom of association and peaceful assembly reflected under section 16 and 17 of the New Zealand Bill of Rights Act 1990. In section 16 to define freedom of association that everyone has the right to freedom of association. In section 17 to define peaceful assembly that everyone has the right to freedom of peaceful assembly.(Parliamentary counsl office.2007)
The rights to freedom of association under section 17 of the New Zealand Bill of Rights Act 1990 implicate two aspects.
Everyone should be free to enter a freedom of association with others and to protect the common interest of the group.
The excise of the free rights must be free from outside of significance, such as no intimidation or coercion, or the existence of incentives or disincentives.
But what is meant by no restrictions under article 22 of the International Covenant on Civil and Political Rights (ICCPR) provides the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.
The free of association may intersect with non discrimination (anti-discrimination values) and an individual's membership of an organisation to be based on informed consent.(informed consent) The right to freedom of association therefore extends not only to the initial membership of an association but also to the ongoing involvement with that association. The right does not protect the acts of the association itself.
The rights to assembly are closely associated with the series of fundamental democratic rights that it appears under section 16 of the New Zealand Bill of Rights Act 1990: The rights to any assembly will be on the “peacefulness” and applies to public or private meetings. Similar to the right to freedom of expression, peaceful assembly applies to gatherings for any purpose - however unpopular, offensive or distasteful - except violence. To peaceful assembly may be permissible if they serve a legitimate interest. And also need to state the reasons for any restrictions in policy or legislation. To continue to assemble where possible should be clearly consider the person’s right, that is, the restrictions must not effectively negate the right if other options are available. Why does Act emphasis on the peaceful assembly? Because of the actions of the demonstrators or protestors will easily create disorder. Such a practicability suggests that public authorities adopt measures that enable lawful demonstrators to occur where possible, rather than the participants being subjected to violence or other menaces. (299） However, how to the exercise of those rights and freedoms? The relevant considerations might include if the assembly is unreasonably extended, the rights of the occupier and the size of the assembly and its duration, and the observance of ordinances in place to ensure the smooth functioning of gatherings and demonstrations.（301） As a matter of principle, Article 21 of the International Covenant on Civil and Political Rights provides that: no restrictions may be placed on exercise of the rights of peaceful assembly other than those imposed in conformity with the law and which are necessary in democratic society in the interest of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.(sections 16&17 freedom of peaceful assembly)
Ministry of Justice. Introduction to sections 16 &17.Freedom of peaceful assembly.section-16-freedom-of-peaceful-assembly In-text citation(section 16&17 freedom of peaceful assembly)
Ministry of Justice. Introduction to sections 19-20: Non-Discrimination and Minority Rights. Retrieved from: anti-discrimination values
In-text citation(anti-discrimination values)
Ministry of Justice. Introduction to sections8-11:informed condent. Retrieved from:informed consent In-text citation(informed consent)
Ministry of Justice. Introduction to sections:16 Freedom of peaceful assembly.Retrieved from:299
In-text citation(299)
Ministry of Justice. Introduction to sections:16 Freedom of peaceful assembly.Retrieved from:[301 In-text citation(301)
Freedom of Association and Peaceful Assembly
Freedom of association is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests. The right to freedom of association is recognized as a human right, a political freedom and a civil liberty.(Freedom of assembly.2011)
New Zealand is one of the signatories in the International Covenant on Civil and Political Rights. Freedom of association and peaceful assembly reflected under section 16 and 17 of the New Zealand Bill of Rights Act 1990. In section 16 to define freedom of association that everyone has the right to freedom of association. In section 17 to define peaceful assembly that everyone has the right to freedom of peaceful assembly.(Parliamentary counsl office.2007)
The rights to freedom of association under section 17 of the New Zealand Bill of Rights Act 1990 implicate two aspects.
- Everyone should be free to enter a freedom of association with others and to protect the common interest of the group.
- The excise of the free rights must be free from outside of significance, such as no intimidation or coercion, or the existence of incentives or disincentives.
But what is meant by no restrictions under article 22 of the International Covenant on Civil and Political Rights (ICCPR) provides the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.The free of association may intersect with non discrimination (anti-discrimination values) and an individual's membership of an organisation to be based on informed consent.(informed consent)
The right to freedom of association therefore extends not only to the initial membership of an association but also to the ongoing involvement with that association.
The right does not protect the acts of the association itself.
The rights to assembly are closely associated with the series of fundamental democratic rights that it appears under section 16 of the New Zealand Bill of Rights Act 1990:
The rights to any assembly will be on the “peacefulness” and applies to public or private meetings. Similar to the right to freedom of expression, peaceful assembly applies to gatherings for any purpose - however unpopular, offensive or distasteful - except violence.
To peaceful assembly may be permissible if they serve a legitimate interest. And also need to state the reasons for any restrictions in policy or legislation. To continue to assemble where possible should be clearly consider the person’s right, that is, the restrictions must not effectively negate the right if other options are available.
Why does Act emphasis on the peaceful assembly? Because of the actions of the demonstrators or protestors will easily create disorder. Such a practicability suggests that public authorities adopt measures that enable lawful demonstrators to occur where possible, rather than the participants being subjected to violence or other menaces. (299） However, how to the exercise of those rights and freedoms? The relevant considerations might include if the assembly is unreasonably extended, the rights of the occupier and the size of the assembly and its duration, and the observance of ordinances in place to ensure the smooth functioning of gatherings and demonstrations.（301）
As a matter of principle, Article 21 of the International Covenant on Civil and Political Rights provides that: no restrictions may be placed on exercise of the rights of peaceful assembly other than those imposed in conformity with the law and which are necessary in democratic society in the interest of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.(sections 16&17 freedom of peaceful assembly)
Reference:
Freedom of assembly. (2011).Retrieved 25, Febtuary,2011 from Wikipedia: http://en.wikipedia.org/wiki/Freedom_of_assemblyIn-text citation ("Freedom of assembly." 2011)
Parliamentary counsel office.(2007). New Zealand Bill of Rights Act 1990. Retrieved from:http://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html.
In-text citation(Parliamentary counsl office.2007)
Ministry of Justice. Introduction to sections 16 &17.Freedom of peaceful assembly.section-16-freedom-of-peaceful-assembly
In-text citation(section 16&17 freedom of peaceful assembly)
Ministry of Justice. Introduction to sections 19-20: Non-Discrimination and Minority Rights. Retrieved from:
anti-discrimination values
In-text citation(anti-discrimination values)
Ministry of Justice. Introduction to sections8-11:informed condent. Retrieved from:informed consent
In-text citation(informed consent)
Ministry of Justice. Introduction to sections:16 Freedom of peaceful assembly.Retrieved from:299
In-text citation(299)
Ministry of Justice. Introduction to sections:16 Freedom of peaceful assembly.Retrieved from:[301
In-text citation(301)