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Right to privacy in New Zealand
New Zealand is committed to the Universal Declaration of Human Rights and has ratified the International Covenant on Civil and Political Rights, both of which contain a right to privacy.〔Universal Declaration of Human Rights, Art 12; International Covenant on Civil and Political Rights, Art 17.〕 Despite this, currently there is no general right to privacy in New Zealand law.〔''Brooker v Police'' () NZSC 30; () 2 NZLR 91 at ().〕 Privacy tends to hold the status of a value or an interest, rather than a right.〔Steven Penk and Rosemary Tobin, ''Privacy Law in New Zealand'' (Brookers Ltd, Wellington, 2010) at 21-22〕 Privacy interests are protected by legislation in many specific areas, and in recent years a general tort of invasion of privacy has developed.〔(See Privacy Act 1993 ); (Broadcasting Act 1989 ); ''Hosking v Runting'' () 1 NZLR 1〕 Support for the recognition of privacy as a right has been given by two Supreme Court judges, and in August 2011 the New Zealand Law Commission released the final stage of its Review of the Law of Privacy, throughout which it makes many recommendations of changes to privacy law in New Zealand.〔See the judgments of JJ McGrath and Thomas in ''Brooker v Police'' () NZSC 30; () 2 NZLR 91; (Law Commission ''Review of the Privacy Act'' Key Recommendations )〕
==New Zealand Bill of Rights Act 1990==
The New Zealand Bill of Rights Act 1990 (NZBORA) is based on the International Covenant on Civil and Political Rights,〔(New Zealand Bill of Rights Act 1990, long title. )〕 however no express right to privacy is included in the Act. Despite the lack of an express right, privacy is the foundation for many of the rights contained within NZBORA, such as freedom from unreasonable search and seizure as protected by section 21.〔(New Zealand Bill of Rights Act, s 21 ); Steven Penk and Rosemary Tobin, ''Privacy Law in New Zealand'' at 18.〕 The fact that a right to privacy is not included in NZBORA does not affect or invalidate it in any way.〔(New Zealand Bill of Rights Act 1990, s 28 ).〕 It is suggested that privacy was not included in NZBORA due to its difficulty to define, and because the social environment at the time was not one in which it was appropriate to implement a right with vague and uncertain parameters.〔''Hosking v Runting'' () 2 NZLR 1 at ()-().〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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