In one paragraph
The New Zealand Bill of Rights Act 1990 (BORA) affirms more than 20 specific civil and political rights — freedom of expression, the right to a fair trial, freedom of movement, freedom from unreasonable search, the right to vote, and more. It applies to the actions of Parliament, the government, the courts, and anyone performing a public function. The rights are not absolute: they can be limited by reasonable, justifiable limits under Section 5 of the Act. BORA is not entrenched — it is an ordinary Act of Parliament, not a higher constitutional law that overrides other statutes.
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5 source-cited practice questions covering the Bill of Rights Act. Every answer links to the specific section of the Act.
Practise Bill of Rights Act →What you need to know for the test
- Passed in 1990. BORA is an ordinary Act of Parliament, not a constitution.
- Affirms more than 20 specific rights in two broad groups: rights to life and security of the person, and democratic and civil rights.
- Rights can be limited by reasonable limits "demonstrably justified in a free and democratic society" (Section 5).
- Binds Parliament, the executive, the judiciary, and any person performing a public function under section 3.
- If a law conflicts with BORA, courts try to interpret it consistently with the rights (section 6). If they can't, the law still stands — BORA cannot strike down an Act of Parliament.
- BORA does not protect against private discrimination. That is the role of the Human Rights Act 1993, which is a separate but related Act.
Key rights affirmed by the Act
BORA's rights fall into broad groups. The ones most likely to feature on the citizenship test are the everyday rights that NZ residents and citizens rely on.
Life, liberty and security
The right to life (s.8). The right not to be deprived of life except in accordance with the principles of fundamental justice. The right not to be subjected to torture or cruel treatment (s.9). The right to refuse medical treatment (s.11).
Democratic and civil rights
The right to vote (s.12) — every NZ citizen who is 18 years of age or older has the right to vote in genuine periodic elections, and to be elected. Freedom of thought, conscience, religion and belief (s.13). Freedom of expression (s.14). Freedom of peaceful assembly (s.16). Freedom of association (s.17).
Freedom of movement
Freedom of movement and the right to live anywhere in NZ (s.18). Importantly: every NZ citizen has the right to enter New Zealand. This is why a NZ citizen can never be refused entry at the border.
Freedom from discrimination
Freedom from discrimination on the grounds set out in the Human Rights Act 1993 (s.19) — including race, sex, age, disability, religion, and others.
Search, arrest and detention
The right to be secure against unreasonable search or seizure (s.21). The right not to be arbitrarily arrested or detained (s.22). The rights of people who are arrested or detained — to be informed of why, to consult a lawyer without delay, to silence (s.23).
Rights of people charged with an offence
The presumption of innocence, the right to a fair trial, the right to be tried in a reasonable time, the right to a trial by jury when the maximum penalty is 2 or more years' imprisonment (s.24-25). The right to natural justice from anyone exercising a public power that affects you (s.27).
Where to read the law itself
Common misconceptions to watch for
"BORA is New Zealand's constitution."
NZ does not have a single written constitution. BORA is one of several important constitutional documents (alongside the Constitution Act 1986, the Treaty of Waitangi, the Electoral Act 1993, and others). Parliament can amend BORA by passing an ordinary Act.
"BORA rights are absolute."
They are not. Section 5 allows them to be limited by laws that are "reasonable" and "demonstrably justified in a free and democratic society". For example, freedom of expression is real but does not protect defamation or contempt of court.
"BORA lets a court strike down an Act of Parliament."
It does not. If a law conflicts with BORA and cannot be interpreted consistently with the rights (under section 6), the law still stands. Since 2022, the courts can issue a formal declaration of inconsistency. Under sections 7A and 7B of BORA, the Attorney-General must then notify the House of Representatives, and the responsible Minister must, within six months, present a written report on the Government's response to that declaration. Parliament is not required to repeal or amend the law.
"BORA protects me from private discrimination."
BORA binds the government and people performing public functions. Private discrimination — at work, in housing, in services — is governed by the Human Rights Act 1993.
Related pages
- Practise Bill of Rights Act — 5 source-cited questions.
- All six citizenship test topic areas — index of topic guides.
- NZ Citizenship Test 2027 — main guide — format, eligibility, how to prepare.
- Changelog — public log of updates and source checks.
Topic page last verified 2026-05-13 against the NZ Bill of Rights Act 1990 on legislation.govt.nz. We re-verify against the official DIA syllabus the moment it is published.