E.
Wider human rights scrutiny measures
55
Although New Zealand has a longstanding commitment to the development of
international human rights standards, it is less consistent in fully incorporating those
standards in the development of legislation and policy. Human rights considerations
are generally not at the heart of public policy decision making. New Zealand has no
overarching cross Government strategy to ensure that human rights are known and
understood by all duty bearers and rights holders, and that a human rights approach
to legislative and policy development is routinely applied by all Government
departments.
56
The New Zealand Cabinet Manual expressly requires Ministers to advise the Cabinet
of any “international obligations” affected by proposed legislation.30 However, the
Commission’s engagement in the legislative process has revealed that this
requirement is often overlooked and there is seldom any transparent assessment of
New Zealand’s international human rights obligations in the development of
legislation.
57
Many NGOs and civil society organisations have stated that they want to see a
dedicated Human Rights Select Committee established that would scrutinise
legislation and section 7 reports, and conduct thematic inquiries. This has been
raised by some submitters in relation to this review.
58
In 2014 the Standing Orders Committee considered whether it was appropriate in
the New Zealand context to establish a Human Rights Select Committee. It
concluded that it was not, stating:31
It could be difficult to maintain the membership of such a committee, and in
principle, this proposal could potentially marginalize important matters that already
seem to be too confined to legal and academic circles.
…However, there is another part to the equation: as well as drawing the attention of
members to Bill of Rights matters, there should be an increased emphasis on
expressing these issues in ways that are comprehensible, not only for members, but
for the public in general. The answer is not to shut NZBORA matters away in a
specialist committee, as that could in fact be counter-productive.
New Zealand has a well-regarded system of subject select committees that have
multiple functions and exercise general oversight of policy, legislative, and
administrative matters within their subject areas. Bill of Rights scrutiny should be
part of a mainstream discussion about legislative quality that takes place in all
subject select committees and is applied in all policy contexts…
30
31
Section 7.60 of the Cabinet Manual, Cabinet Office, 2008.
Supra note 32 at 15.
Page 19 of 93
Human Rights Commission submission to the Human Rights Committee in relation to New Zealand’s 6th periodic review under the ICCPR