New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th periodic review 28. In the wake of Hansen, the Attorney-General has twice found that the reverse onus of proof in proposed legislation could not be justified under section 5 of BORA14 but the legislation has been passed despite the inconsistency. These laws remain on the statute book. 29. More recently amendments to the Bail Act were passed in 2012 that include a reverse onus of proof which requires defendants charged with murder and serious Class A drug offences to show why they should be released on bail rather than the prosecution showing they should not be released (as is the case at present ). 30. The Commission recommends that the Government commit to reviewing the use of reverse onus of proof to ensure that the right to be presumed innocent is fully protected. B. Pre –Legislative Scrutiny LOIPR: para 2 – Also please update on the establishment of a mechanism to ensure consistently the compatibility of domestic law with the Convention Relevant provision of the CAT: Article 2 UPR Recommendation: Further enhance the legislation and legal system, with more considerations to the harmonization of domestic developments and the international stipulations on human rights... (Viet Nam). Government Response: New Zealand accepted this recommendation in full. 14 Misuse of Drugs (Classification of BZP) Amendment Act 2008 and the Misuse of Drugs Amendment Bill 2010. 13