International Law through the Lens of Zaoui: Where is New Zealand at?

Abstract

The New Zealand legal system is becoming increasingly receptive to international law as a source of influence on judicial decision-making. This article uses the Supreme Court of New Zealand’s decision in Zaoui v Attorney-General (No 2) [2006] 1 NZLR 289; (2005) 7 HRNZ 860; [2005] NZSC 38 as a window onto this development. It explores, in particular, the deployment of international law by the New Zealand courts in the process of statutory construction, both with and without the express invitation of Parliament to do so. It also offers some reflections on likely future directions in the light both of the recent establishment of a Supreme Court of New Zealand and of the departure of Sir Kenneth Keith from the New Zealand judiciary.

Keywords: international law, reception, principle of legality, presumption of consisitency, national security, Kenneth Keith, statutory interpretation, statutory incorporation, non-refoulement, inspector-general of security, security risk certificate, immigration act 1987, refugee convention art 33(2)