NATIONAL COURT

OF JUSTICE

HUMAN
RIGHTS
RULES

JULY 2011
 2

THE INDEPENDENT STATE OF PAPUA NEW GUINEA

HUMAN RIGHTS RULES 2010

Made pursuant to Section 184 (rules of court) of the Constitution and Section 8
(rules of court of the National Court) of the National Court Act (Chapter No 38)
and all other powers enabling, the following Rules, prescribing the practice and
procedure of the National Court of Justice relating to the conduct of human rights
proceedings and related matters, shall come into force on a date to be determined
by the Chief Justice. [Editorial note: the date determined by the Chief Justice is 1
July 2011.]

These Rules are in addition to and form part of the procedures for instituting
proceedings contained in the National Court Rules.

Dated this 7th day of December 2010

Chief Justice Sir Salamo Injia Kt

Deputy Chief Justice Gibbs Salika CSM OBE
Justice Bernard Sakora CBE CSM
Justice Mark Sevua CBE
Justice Nicholas Kirriwom
Justice Les Gavara-Nanu OBE CSM
Justice Ambeng Kandakasi
Justice Ellenas Batari MBE
Justice Salatiel Lenalia
Justice Panuel Mogish
Justice Catherine Davani
Justice David Cannings
Justice George Manuhu
Justice Kingsley Allan David
Justice Sao Gabi
Justice Derek Hartshorn ML
Justice Joseph Yagi
Justice Collin Makail
Justice Ere Kariko MBE
Justice Graham Ellis
Justice Don Sawong MBE
Justice John Kawi

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HUMAN RIGHTS RULES 2010

OUTLINE

Part 8 – Human Rights Jurisdiction

Order 23 – Human Rights

1 Interpretation

2 Purpose

3 Administration

4 Application

5 Human rights proceedings

6 Standing to bring or appear in proceedings

7 Commencement of proceedings by a party

8 Commencement of proceedings by the court

9 Statement of alleged or suspected breach of human rights

10 Request to place a proceeding on or remove a proceeding from Human

Rights List

11 Applications, motions and directions after listing

12 Dispensation

INDEX OF ORDER 23 FORMS

124 – Human Rights Enforcement Application Form (O 23, R 7(1)(c))

125 – Complaint of Unlawful or Unreasonable Detention under Section 42(5) of the Constitution
(O23, R 7(4))
126 – Originating Process for Own Initiative Matter (O23, R 8(2))
127 – Statement of Alleged or Suspected Breach of Human Rights (O23, R 9(1))
128 – Request for Matter to be Placed on Human Rights Track (O 23, R 10(1))
129 – Listing Statement (O23, R 10(2))

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The National Court Rules are amended by inserting the following:

Part 8 – Human Rights Jurisdiction

Order 23 – Human Rights

1 Interpretation

In this Part, unless the contrary intention appears –

“Basic Rights” means the rights and freedoms described in Rule 5;

“Bougainville Constitution” means the Constitution of the Autonomous Region of
Bougainville;
“Constitutional Laws” has the same meaning as in the Constitution;
“Human Rights” means the rights and freedoms described in Rule 5;
“Listing Judge” means the Judge conducting listing of cases pursuant to the
Listings Rules;
“Listings Rules” refers to Order 10, Rule 9A of the National Court Rules.

2 Purpose

The purpose of these Rules is to facilitate a quick and just resolution of court
proceedings instituted under Sections 57 and 58 of the Constitution for
enforcement of the Basic Rights (also known as “Human Rights”) and for
enforcement under Section 23 of the Constitution of prohibitions, restrictions or
duties imposed by the Constitutional Laws and of related matters.

3 Administration

(1) There shall be a Human Rights List maintained by the Registrar, which shall
contain the reference numbers, names and status of the proceedings
described in Rule 5.

(2) The Chief Justice may appoint a Judge to be Judge Administrator of the
Human Rights Track and may from time to time appoint any Judge to deal
with matters on the Human Rights List.

(3) The Registrar shall appoint an officer to be the senior officer in charge of
registry matters concerning the Human Rights List and shall appoint such
other staff as are necessary to ensure the efficient and orderly running of the
Human Rights List.
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4 Application

These Rules are designed to facilitate the running of the Human Rights List.

5 Human rights proceedings

The following proceedings shall be placed on the Human Rights List and shall be
dealt with in accordance with these Rules:

(a) proceedings that are, in substance, irrespective of whether expressly so

described, for enforcement under Sections 57 (enforcement of guaranteed
rights and freedoms) or 58 (compensation) of the Constitution of any of the
Basic Rights, viz:

(i) right to freedom (s 32);

(ii) right to life (s 35);
(iii) freedom from inhuman treatment (s 36);
(iv) protection of the law (s 37);
(v) proscribed acts (s 41);
(vi) liberty of the person (s 42);
(vii) freedom from forced labour (s 43);
(viii) freedom from arbitrary search and entry (s 44);
(ix) freedom of conscience, thought and religion (s 45);
(x) freedom of expression (s 46);
(xi) freedom of assembly and association (s 47);
(xii) freedom of employment (s 48);
(xiii) right to privacy (s 49);
(xiv) right to vote and stand for public office (s 50);
(xv) right to freedom of information (s 51);
(xvi) right to freedom of movement (s 52);
(xvii) protection from unjust deprivation of property (s 53);
(xviii) equality of citizens (s 55); and

(b) proceedings under Section 183 of the Bougainville Constitution for

enforcement of Basic Rights under that Constitution; and

(c) proceedings under Section 23 (sanctions) of the Constitution for imposition

of sanctions for breach of prohibitions, restrictions or duties imposed by the
Constitutional Laws in regard to human rights issues; and

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(d) complaints under Section 42(5) (liberty of the person) of the Constitution
that a person is unlawfully or unreasonably detained; and

(e) proceedings where a claim is made by the plaintiff for any relief or remedy
for any tort allegedly committed by a member of a disciplined force, where
the cause of action might reasonably be regarded as a breach of one or more
of the Basic Rights; and

(f) proceedings where the issues of fact or law that are likely to arise overlap
with the type of issues of fact or law that commonly arise in enforcement
proceedings under Sections 57, 58 or 23 of the Constitution; and

(g) any proceedings within the jurisdiction of the National Court concerning the
discharge of powers, functions, duties or responsibilities under Part X
(emergency powers) of the Constitution; and

(h) applications for a writ of habeas corpus under Order 17 of the National
Court Rules; and

(i) proceedings for enforcement of the provisions of the Correctional Service

Act and the Correctional Service Regulation concerning treatment of
detainees, calculation of periods of detention and related proceedings; and

(j) applications under Section 5(2)(c)(iii) (notice of claims against the State) of
the Claims By and Against the State Act to allow a further period in which to
give notice to the State of an intention to make a claim against the State,
where the claim relates to enforcement of a right or freedom referred to in
Division III.3 of the Constitution.

6 Standing to bring or appear in proceedings

Without derogating from Sections 57(1) and (2) of the Constitution, persons who
may bring or commence or appear in a human rights proceeding include:

(a) a person whose human rights or freedoms are adversely affected by any act
or omission of:

(i) the government or a governmental body or a person exercising public

power or performing public functions; or

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(ii) a private person or a body corporate, including a company, and any of

its officers or employees exercising private powers or performing
private functions;

(b) a person acting on behalf of a person who is under a disability or is unable to

fully and freely exercise their right to bring an application for enforcement
of their human rights or freedoms;

(c) a person or body, whether public or private, who has an interest in the
protection and enforcement of human rights and freedoms;

(d) a person representing an international body with responsibility for, or a

principal function of which is, protecting human rights and freedoms under
international laws and conventions such as the Universal Declaration of
Human Rights and any other declarations, recommendations or decisions of
the General Assembly of the United Nations concerning human rights and
freedoms;

(e) any other person or body who has a sufficient interest in the protection and
enforcement of human rights and freedoms, approved by the Court.

7 Commencement of proceedings by a party

(1) A human rights proceeding may be commenced by:

(a) a Writ of Summons, in which case the file reference shall be “WS
(HR)”;
(b) an Originating Summons, in which case the file reference shall be
“OS (HR)”;
(c) filing a Human Rights Enforcement Application in Form 124, in
which case the file reference shall be “HRA”.

(2) The person commencing proceedings under Sub-rule (1) shall be called “the
plaintiff” and the person against whom proceedings are commenced shall be
called “the defendant”.

(3) The originating process for enforcement of a right or freedom referred to in

Division III.3 of the Constitution shall as far as is practicable identify with
precision, by reference to relevant provisions of the Constitution:

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(a) the right or freedom that has been allegedly infringed or of which
there is a reasonable probability of infringement; and
(b) the orders, declarations or other relief that is sought.

(4) A complaint under Section 42(5) of the Constitution that a person is

unlawfully or unreasonably detained may be made by filing a Complaint of
Unlawful or Unreasonable Detention, in Form 125, in which case –

(a) the file reference shall be “HRC”; and

(b) the person making the complaint shall be called “the complainant”
and the person(s) against whom the complaint is made shall be called
“the respondent(s)”.

(5) As to filing fees:

(a) the filing of a Human Rights Enforcement Application or a Complaint

of Unlawful or Unreasonable Detention shall be free of fees; and
(b) the Registrar shall for the purposes of other human rights proceedings
exercise the discretion whether a filing fee should be paid by a
plaintiff taking into account the nature of the proceedings and whether
payment of a filing fee might be a hardship to the plaintiff.

(6) All human rights applications filed and pending determination by the
National Court prior to commencement of the Human Rights Rules shall be
retained under file reference MP No … of … (HR) and shall constitute the
inaugural Human Rights List.

8 Commencement of proceedings by the court

(1) Where a Judge observes, or is informed by the Registrar or Sheriff or one of

their officers, of a fact or matter which may constitute a breach of Basic
Rights, the Court may commence proceedings on its own initiative.

(2) Where the National Court commences proceedings on its own initiative in
accordance with Section 57 of the Constitution –

(a) the file reference shall be “HROI” and the responding party, if any,
shall be called “the respondent”; and
(b) subject to this Rule, the originating process shall be in Form 126 or in
such other terms as the Court considers appropriate.

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(3) Nothing in these Rules derogates from the power and duty of the National
Court under Section 57(1) of the Constitution to, on its own initiative,
enforce the rights and freedoms referred to in Division III.3 (basic rights) of
the Constitution in an informal or such other manner that the Court thinks
fit, especially in urgent cases where it is not practical to comply with formal
requirements for commencement of proceedings.

(4) Where the Court exercises a power under Sub-rule (3), the Court shall
ensure that as soon as the circumstances permit, not being later than seven
days after the exercise of such power, an originating process in Form 126 or
in such other terms as the Court considers appropriate is filed and served on
the respondents.

9 Statement of alleged or suspected breach of human rights

(1) Any Judge or officer of the Court or any member of the court staff or any
other person, body or authority, including any member of the public, may
bring any instance of alleged or suspected breach or imminent breach or
threatened breach of human rights or freedoms to the attention of the Court
by delivering to the Registrar a completed Statement of Alleged or
Suspected Breach of Human Rights, in Form 127.

(2) After receiving a Statement of Alleged or Suspected Breach of Human

Rights, the Registrar shall, within one day, forward the Statement, together
with all other relevant information in the possession of the Registrar, to a
Judge.

(3) After receiving a Statement and other relevant information under Sub-rule
(2), the Judge shall decide what further action, if any, is necessary, including
whether to open a HROI file in relation to the matter and whether to direct
the Public Solicitor under Section 177(2)(b) of the Constitution to provide
legal aid, advice and assistance to a person.

10 Request to place a proceeding on or remove a proceeding from Human

Rights List

(1) When any proceedings are filed, the plaintiff may request, by filing a notice
in Form 128, that the proceedings be placed on the Human Rights List and,
irrespective of whether such a request is made, the Registrar or his delegate
will decide, having regard to Rule 5 and other relevant considerations,

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whether the proceedings are appropriate to be placed on the Human Rights

List or on some other list.

(2) A person aggrieved by a decision under Sub-rule (1) may apply to a Judge,
by notice of motion, for review of the decision, supported by a listing
statement in Form 129; and in such a case all parties to the proceedings shall
be given notice of the motion and the listing statement, and shall have a right
to be heard on the motion.

(3) The decision of the Court on a motion under Sub-rule (2) is final and not
subject to appeal.

11 Applications, motions and directions after listing

(1) Once a proceeding is placed on the Human Rights List, any application or
motion regarding that proceeding shall be set for hearing before the Judge
dealing with matters on the Human Rights List.

(2) Proceedings on the Human Rights List shall be set down for trial in
accordance with the directions of the Human Rights List Judge, who may
make such orders or give such directions under the Listings Rules as are
appropriate to ensure the just, efficient and expeditious disposal of cases.

12 Dispensation

The provisions of Division 1.2 (general) of the National Court Rules apply to these
Rules.
*********************************

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FORM 124 0 23, R 7(1)(c)

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

HUMAN RIGHTS ENFORCEMENT APPLICATION FORM

1. Name of Applicant:

2. Address:

3. Phone numbers:

4. What happened? Tell your story why you say someone breached your human rights. Refer to
dates and places:

5. Rights or Freedoms to be enforced. Tick the box next to your right or freedom that has
been breached:

 right to freedom (s 32);

 right to life (s 35);
 protection from inhuman treatment (s 36);
 protection of the law (s 37);
 proscribed acts (s 41);
 liberty of the person (s 42);
 freedom from forced labour (s 43);
 freedom from arbitrary search and entry (s 44);
 freedom of conscience, thought and religion (s 45);
 freedom of expression (s 46);
 freedom of assembly and association (s 47);

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 freedom of employment (s 48);

 right to privacy (s 49);
 right to vote and stand for public office (s 50);
 right to freedom of information (s 51);
 right to freedom of movement (s 52);
 protection from unjust deprivation of property (s 53);
 equality of citizens (s 55).

6. Who breached your rights? Name or describe the person who will be a defendant if this
matter goes to Court:

7. Do you want the defendant summoned to appear before the National Court?

8. DECLARATION

I, _______________________________________________________,

declare this statement to be true and correct to the best of my knowledge and belief AND I
hereby make application for the enforcement of my rights or freedom as guaranteed by the
Constitution and seek orders under section 58 and any other orders the Court may see fit to
make.

Dated this ____________ day of ____________ 20……

___________________________
Signature of Applicant

The application may be made by filling in this form and giving it to:

 a Clerk of the District Court

 the Assistant Registrar in your town; or
 a Judge of the National Court in your Province; or
 The Registrar of the National Court, PO Box 7018, Boroko, NCD.

Instructions to Court Clerks

When this form is handed to you, please forward it as quickly as possible to the Registrar of the
National Court. Fax: 325 7732, PO Box 7018, Boroko, NCD.

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FORM 125 0 23, R 7(4)

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

COMPLAINT OF UNLAWFUL OR UNREASONABLE DETENTION

UNDER SECTION 42(5) OF THE CONSTITUTION*

1. Name of
Complainant:

2. Address:

3. Phone numbers:

4. Where have you been detained? (Give name of Police Lock-up or Correctional Institution.)
For how long have you been detained? What happened? Tell your story why you say you
have been unlawfully or unreasonably detained.

5. DECLARATION

I, _______________________________________________________,
declare this statement to be true and correct to the best of my knowledge and belief AND I
hereby make a complaint to the National Court that I have been unlawfully or unreasonably
detained.

Dated this ____________ day of ____________ 20……

___________________________
Signature of Complainant

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The complaint may be made by filling in this form and giving it to:

 a Clerk of the District Court

 the Assistant Registrar in your town; or
 a Judge of the National Court in your Province; or
 The Registrar of the National Court, PO Box 7018, Boroko, NCD.

Instructions to Court Clerks

When this form is handed to you, please forward it as quickly as possible to the Registrar of the
National Court. Fax: 325 7732, PO Box 7018, Boroko, NCD.

* Section 42(5) (liberty of the person) of the Constitution states:

Where complaint is made to the National Court or a Judge that a person is unlawfully or
unreasonably detained—

(a) the National Court or a Judge shall inquire into the complaint and order the person
concerned to be brought before it or him; and
(b) unless the Court or Judge is satisfied that the detention is lawful, and in the case of a person
being detained on remand pending his trial does not constitute an unreasonable detention
having regard, in particular, to its length, the Court or a Judge shall order his release either
unconditionally or subject to such conditions as the Court or Judge thinks fit.

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FORM 126 O 23, R 8(2)

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

HROI NO …… 0F ……

IN THE MATTER OF ENFORCEMENT OF BASIC RIGHTS

UNDER THE CONSTITUTION
OF THE INDEPENDENT STATE OF PAPUA NEW GUINEA,
SECTION 57
RE [here insert brief description of the proceeding]
COMMENCEMENT OF PROCEEDINGS
AND SUMMONS

THE NATIONAL COURT, [here insert brief reasons for the Court acting on its own initiative],
under Section 57(1) of the Constitution, COMMENCES THESE PROCEEDINGS on its own
initiative to enforce the rights and freedoms of [here insert the names or description of the
persons whose rights or freedoms may have been infringed], those rights being:

 [here insert the right(s) or freedom(s) being enforced, eg freedom from inhuman
treatment and punishment under Section 36(1) of the Constitution]

AND FOR THE PURPOSES OF THESE PROCEEDINGS THE FOLLOWING

PERSONS ARE UNDER SECTION 57(3) OF THE CONSTITUTION SUMMONED TO
APPEAR BEFORE THE NATIONAL COURT AT ……………. ON
…………………….AT …………., so that the National Court may inquire into this matter and
determine whether it is necessary or appropriate to make further orders or declarations for the
purposes of enforcement of Basic Rights under Section 57(3) of the Constitution:

 …………………………………………………..
 …………………………………………………..

AND TAKE NOTICE that failure to comply with this order may be deemed to be contempt of
court and expose the person who fails to comply to the sanctions of the criminal law, including
arrest, fine and/or imprisonment.

DATED THIS ………. DAY OF ……………………., ……...

……………………………

JUSTICE ………………..
A JUDGE OF THE NATIONAL COURT OF JUSTICE

[AND/OR: ENDORSEMENT BY THE REGISTRAR

This matter is fixed for directions at the National Court, ………….., on the … day of ….., …….,
at …… ]
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FORM 127 O 23, R 9(1)

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

STATEMENT OF ALLEGED OR SUSPECTED

BREACH OF HUMAN RIGHTS

1. Name of person
making statement:

2. Address:

3. Phone numbers:

4. Your statement: Tell your story about what you saw or heard, and what happened. Give
names of the people involved or describe them.

5. DECLARATION

I, _______________________________________________________,
declare this statement to be true and correct to the best of my knowledge and belief AND I
hereby bring the information to the attention of the National Court.

Dated this ____________ day of ____________ 20……

___________________________
Signature

Please give this form to:

 a Clerk of the District Court

 the Assistant Registrar in your town; or
 a Judge of the National Court in your Province; or
 the Registrar of the National Court, PO Box 7018, Boroko, NCD.

Instructions to Court Clerks

When this form is handed to you, please forward it as quickly as possible to the Registrar of the
National Court. Fax: 325 7732, PO Box 7018, Boroko, NCD.

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FORM 128 O 23, R 10(1)

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

REQUEST FOR PROCEEDING TO BE PLACED ON HUMAN RIGHTS LIST

TO: THE REGISTRAR

I request that the attached proceeding, in which the following persons are described as plaintiffs:
……………………………………………………………………; and the following persons are
described as defendants: ………………………………. be placed on the Human Rights List.

……………………………………………………
Signed [Plaintiff/defendant or their lawyer to sign]

Date …………………………………………….

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FORM 129 O 23, R 10(2)

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

LISTING STATEMENT

The [Plaintiff/Defendant] makes the following statement in support of an application to have this
proceeding [placed on/removed from] the Human Rights List:

1. The nature of the dispute... [set out in a summary form]:

2. The issues which are likely to arise in the proceeding are... [set out in a summary
manner]:

3. The proceeding ought to be [placed on/removed from] the Human Rights List for the
following reasons:

4. The attitude of other parties to this application is:

………………………………………………..
Signed [Plaintiff or plaintiff’s lawyer shall sign]

Date …………………………………………….

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CONTACT DETAILS
The Registrar Deputy Registrar
National Court & Supreme Court National Court
Mr Ian Augerea Mr Sam Ikiso
PO Box 7018 PO Box 7018
BOROKO BOROKO
National Capital District National Capital District
Phone: 324 5829 Phone: 324 5829
Fax: 325 7732 Fax: 325 7732
iaugerea@[Link] sikiso@[Link]

Listings Officer Assistant Registrar

Human Rights Track Ms Poning Makap
Mr Heni Mea National Court
National Court PO Box 112
PO Box 7018 GOROKA
BOROKO Eastern Highlands Province
National Capital District Phone: 532 1755 or 532 1749
Phone: 324 5829 Fax: 532 3848
Fax: 325 7732 pmakap@[Link]
hmea@[Link]

Assistant Registrar Assistant Registrar

Ms Anzack Korua Mr Eric Kiso
National Court National Court
PO Box 1077 PO Box 864
MADANG MT HAGEN
Madang Province Western Highlands Province
Phone: 422 3954 or 422 2544 Phone: 542 3610 or 542 3504
Fax: 422 3645 Fax : 542 2202
akorua@[Link] ekiso@[Link]

Crimes Officer Assistant Registrar

Mr Nelson David Ms June Micka
PO Box 864 National Court
WABAG PO Box 381
Enga Province KOKOPO
Phone: 547 1076 or 547 1422 East New Britain Province
Fax : 547 1466 Phone: 982 8750 or 982 8233
ndavid@[Link] Fax : 982 8467
jmicka@[Link]

Assistant Registrar Acting Assistant Registrar

Ms Sally Karaut Mr Raphael Bongnabul
National Court National Court
PO Box 628 PO Box 1368
KIMBE LAE
West New Britain Province Morobe Province
Phone: 983 5888 or 983 5887 Phone: 472 2177
Fax: 983 5100 Fax: 472 2936
skaraut@[Link] rbongnabul@[Link]

HUMAN RIGHTS RULES, JULY 2011