Study of property rights protection welcomed

Press release

For immediate release

March 9, 2009

Dr Andrew Butler, a leading public lawyer and expert on the New Zealand Bill of Rights Act, today welcomed the recent release of a study by Professors Lew Evans and Neil Quigley, along with economic consultancy, NERA, on the protection of property rights in New Zealand.

In particular, Dr Butler welcomed the study's call that the right to property be included in the Bill of Rights. Dr Butler noted that while an attempt in 2005 to include a private property rights clause in the Bill of Rights was defeated, the study made a good case for the matter to be reconsidered.

"The right to private property is set out in the Universal Declaration of Human Rights (1948), in the drafting of which New Zealand was instrumental. But 60 years after that declaration in this country there is no clear provision in our law that proclaims and protects private property rights."

"As this study shows, almost all other OECD countries have a private property clause in their constitution or a bill of rights: New Zealand is one of only two that do not. The other is Australia and even there the law is evolving. For example, the state of Victoria has moved to protect private property rights in its 2006 rights charter."

Dr Butler noted that the study provides good reasons as to why New Zealand should remedy this gap in our law.

"First, at the level of principle the right to private property is a fundamental human right. It should be recognised as such in New Zealand."

"Second, the lack of a general guarantee of private property can send wrong messages to investors here and abroad about the value that this society places on respecting their property rights."

"Third, the report provides a number of case studies which show that the lack of public protection and affirmation of property rights is a live issue in this country."

Dr Butler said he hoped the release of the study would stimulate a debate on this important issue.

Click Here To Read The Full Paper

Bio: Dr Andrew Butler is a leading public lawyer and expert on the New Zealand Bill of Rights Act. He is a partner at the national law firm Russell McVeagh. He has written extensively on public law matters and particularly on the New Zealand Bill of Rights. This statement represents his personal views rather than those of the firm or any of its clients.

ENDS

© Scoop Media