21. The Commission recommends that the Government commit to developing and
implementing a human rights education strategy,xxvi including capacity-building
programmes for parliamentarians and senior civil servants, to ensure rights holders
and duty bearers know their human rights and responsibilities, the development of
policy and legislation is informed by a human rights approach, and decision making
is consistent with New Zealand’s human rights obligations.
22. The New Zealand Cabinet Manual expressly requires Ministers to advise the Cabinet of
any “international obligations” affected by proposed legislation.xxvii 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.
23. The Commission recommends that:
a) the requirement set out in section 7.60 of the Cabinet Manual be more
explicit in requiring identification of implications in relation to international
human rights commitments and extended to apply to all policy and
legislation (both primary and secondary); and
b) Ministers and officials be directed to strictly adhere to current and extended
Cabinet Manual requirements.
24. Select committees are regarded as an important check and balance on the Executive,
particularly in a Parliament that lacks an upper house or revising chamber, as is the case
in New Zealand. Examination of bills for consideration after the first reading – except for
those to which urgency is accorded – is a primary function of select committees. Public
participation in providing feedback on the content of legislation through the select
committee process is a positive feature of the New Zealand legislative process.
25. Since 2008, the Government has passed over 70 Billsxxviii through at least one legislative
stage under urgency. The use of urgency has decreased since 2011 with the introduction
of a process by which Parliament can agree to extended sitting hours. Nevertheless it
continues to be used in situations which have significant implications for the realisation
of human rights.
26. Although the use of urgency can arguably be justified for some of the Bills, for others it
cannot. Neither the Commission nor the public was able to submit on a number of
significant pieces of legislation that had fundamental human rights implications because
they were passed under urgency. These included the Environment Canterbury legislation
which was introduced under urgency and forced through all three readings in one
sitting,xxix the Canterbury Earthquake Response and Recovery Act 2010,xxx and the
Employment Relations (Film Production Work) Amendment Act 2010.xxxi The New
Zealand Public Health and Disability Amendment Act (No 2) is arguably the most stark
example of legislation being passed under urgency and this is discussed further below at
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