New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th
periodic review
Key issues
The scope and reach of BORA vetting.
Compliance with Cabinet Manual requirements to assess international human rights
obligations in the development of legislation.
Need for human rights mainstreaming across all parliamentary and legislative
processes.
Lack of knowledge and expertise in human rights principles and analysis amongst
Parliamentarians and Senior Civil Servants.
Recommended actions:
The Commission recommends that the Committee urge the Government to commit to:
amending its pre legislative scrutiny processes 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;
requiring section 7 reports to be prepared and tabled on all substantive
Supplementary Order Papers;
establishing a mechanism for Parliament to periodically review the continued
validity of any justified limitation of a BORA right.
extending the requirement in section 7.60 of the Cabinet Manual to apply to all policy
and legislation and ensure that it is strictly adhered to.
continue to mainstream human rights by inter alia developing and implementing
capacity-building programmes for parliamentarians and senior civil servants.
The New Zealand Bill of Rights Act 1990
31.
The principal means by which New Zealand implements international human rights
standards is through BORA. Section 7 of BORA requires the Attorney-General to
14