SECTION 7 - TREATMENT OF PERSONS DEPRIVED OF THEIR LIBERTY, INDEPENDENCE OF THE JUDICIARY AND FAIR TRIAL (Articles 2, 10, 14) A Reverse onus of proof LOIPR Please provide updated information on the measures taken to revise the legislation related to drug possession which was found to infringe the right to presumption of innocence by the Supreme Court. Has the State party made any amendments to such legislation? If so, what is the nature of those amendments and how do they address the concern about the presumption of innocence? (Para 18) 191 Under section 25(c) of the BORA, everyone charged with an offence has “the right to be presumed innocent until proved guilty according to law”. While the right can be limited in some situations the Supreme Court in R v Hansen94 (“Hansen”) held that such situations will not be a common occurrence95. In Hansen the majority held that although the control of illegal drugs was a significant objective, the fact that the reverse onus was triggered by possession of an arbitrary amount, it was not rationally connected with the objective and could not be justified in a free and democratic society. 192 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 BORA 96 but the legislation has been passed despite the inconsistency. These laws remain on the statute book. 193 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 ). 194 The Commission recommends that the Committee encourage the Government to commit to reviewing the use of reverse onus of proof to ensure that the right to be presumed innocent is fully protected. 94 [2007] 3 NZLR 1. The Chief Justice considered whether justification of the presumption of innocence could ever be limited as it denies the right entirely. 96 Misuse of Drugs (Classification of BZP) Amendment Act 2008 and the Misuse of Drugs Amendment Bill 2010. 95 Page 52 of 93 Human Rights Commission submission to the Human Rights Committee in relation to New Zealand’s 6th periodic review under the ICCPR