Human Rights Act 2019

A human right may be subject under law only to reasonable limits that can be demonstrably justified in a free and democratic society based on human dignity, equality and freedom.

In deciding whether a limit on a human right is reasonable and justifiable as mentioned in subsection (1), the following factors may be relevant—

the nature of the human right;

the nature of the purpose of the limitation, including whether it is consistent with a free and democratic society based on human dignity, equality and freedom;

the relationship between the limitation and its purpose, including whether the limitation helps to achieve the purpose;

whether there are any less restrictive and reasonably available ways to achieve the purpose;

the importance of the purpose of the limitation;

the importance of preserving the human right, taking into account the nature and extent of the limitation on the human right;

the balance between the matters mentioned in paragraphs (e) and (f).