New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th periodic review 41. The Commission recommends that the Government commit to amending its process to better protect human rights in legislative development by:  ensuring that section 7 reports are prepared, tabled in Parliament and referred to select committee where a Bill appears to be inconsistent with BORA. In other words where there is a prima facie inconsistency;  establishing a mechanism for Parliament to periodically review the continued validity of any justified limitation. 42. Supplementary Order Papers (“SOPs”) propose amendments to bills after their introduction into Parliament. SOPs are not routinely subject to BORA reporting. The Commission considers that this is a gap in New Zealand’s pre legislative scrutiny processes. 43. In 2012, for example, an SOP proposing greater mandatory use of invasive stripsearching of prisoners was not considered for consistency with the Bill of Rights despite raising questions of compliance with both domestic and international human rights standards. Where proposed amendments engage domestic and international human rights obligations, the usual reporting mechanism ought to apply. 44. The Standing Orders Committee of the House of Representatives has recommended that Bill of Rights reporting be required on substantive SOPs.20 The Commission agrees with the Standing Orders Committee and recommends that the Government commit to amending its BORA reporting process to require section 7 reports - in the modified form referred to above at paragraph 41 – on substantive SOPs. Wider human rights scrutiny measures 45. The New Zealand Cabinet Manual expressly requires Ministers to advise the Cabinet of any “international obligations” affected by proposed legislation.21 However, this requirement is consistently overlooked and there is seldom any transparent assessment of New Zealand’s international human rights obligations in the development of legislation. 20 Review of Standing Orders (Report of the Standing Orders Committee, September 2011) at 37. http://www.parliament.nz/en-nz/pb/sc/documents/reports/50DBSCH_SCR56780_1/review-of-standing-orders2014-i18a 21 Section 7.60 of the Cabinet Manual, Cabinet Office, 2008. 17