SECTION 3 - CONSTITUTIONAL AND LEGAL FRAMEWORK (Article 2)
A.
Legislation
LOIPR
Please state the measures taken to revise the laws that have been enacted but are
inconsistent with the Bill of Rights Act and to ensure that new legislation is consistent
with the obligations of the State party under the Covenant.
(Para 6)
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Overall policy and legislation is well developed and generally consistent with
international standards. However, a significant amount of legislation has been
passed notwithstanding negative reports by the Attorney-General under section 7 of
the Bill of Rights Act 1990 (“BORA”) indicating that it is inconsistent with the rights
contained therein and the corresponding protections in the ICCPR. The Commission
refers in particular to:
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The Criminal Investigations (Bodily Samples) Amendment Act 2009 – Article 17;
The Parole (Extended Supervision Orders) Amendment Act 2009 – Articles 14, 9;
The Parole (Extended Supervision Orders) Amendment Act 2014 – Articles 14, 9;
The Sentencing and Parole Reform Act 2010 – Article 7;
The Corrections Amendment Act 2013 – Article 7;
The Public Safety (Public Protection Orders) Act 2014 – articles 14(7), 9(1);
The Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010 –
Article 25;
The New Zealand Public Health and Disability Amendment Act 2014 – Article 2;
and
The Prisoners’ and Victims’ Claims (Continuation and Reform) Amendment Act
2013 – Article 2.
The Subcommittee on the Prevention of Torture (“SPT”) has voiced particular
concern about the Bail Amendment Act which removes the presumption of bail for
17 – 20 years old who have previously served a sentence of imprisonment. “The SPT
[was] concerned that these amendments will have a negative impact on the number
of youth held on remand and the length of time spent on remand, which is
already a matter of grave concern. Furthermore, the SPT [was] deeply concerned
that the Bail Amendment Bill could exacerbate the disproportionately high number
of Māori in prison, given the high rate of Māori recidivism, and the number of Māori