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Judicial infringement of the right to internet access by the imposition of special sentencing conditions

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thesis
posted on 15.11.2021, 07:55 by White, Nina

Section 14 of the Bill of Rights Act extends to protect internet access within New Zealand as a means of expression. Judicial restriction of internet access via the imposition of special conditions during sentencing is therefore an infringement of s 14. This interpretation of s 14 is consistent with its purpose, legislative history, and the broad approach afforded to human rights generally, as well as international case law and statutes. Any imposition of special conditions restricting internet access must be a demonstrably justifiable limit per s 5 of the Bill of Rights Act to be legitimate. The practical considerations of such a technological limit also warrant judicial consideration before it is imposed. As yet, New Zealand has no explicit protection of internet access but growing acceptance of its importance indicates that reform or judicial acknowledgement are, or soon will be, required.

History

Copyright Date

01/01/2014

Date of Award

01/01/2014

Publisher

Victoria University of Wellington - Te Herenga Waka

Rights License

Author Retains Copyright

Degree Grantor

Victoria University of Wellington - Te Herenga Waka

Degree Name

LL.B. (Honours)

ANZSRC Type Of Activity code

970118 Expanding Knowledge in Law and Legal Studies

Victoria University of Wellington Item Type

Research Paper or Project

Language

en_NZ

Victoria University of Wellington School

School of Law

Advisors

Butler, Petra