SECTION 9 - ADOPTION (Articles 2, 17, 18 &26) 242 The Adoption Act 1955 is one of the oldest statutes in New Zealand with ongoing application. It was enacted at a time when societal structures and mores were very different from today. The Act relies on a number of grounds of prohibited discrimination to regulate the adoption process. 243 Over the years the courts have made attempts to construe the Act in such a way as to align it with contemporary civil life. Executive Government and Crown Entities such as the Law Commission have also reviewed the Act. The theme that consistently emerges from these court decisions and reviews is that at least some of the discrimination contained in the Act is unjustified and a barrier to ensuring justice in individual cases. 244 In 2013 Adoption Action133 applied to the Human Rights Review Tribunal for a declaration that the Adoption Act 1955 and the Adult Adoption Information Act 1985 are inconsistent with the anti-discrimination provisions in the BORA and therefore contravene Part 1A of the HRA. The Commission intervened in these proceedings. At the time of writing the decision of the Tribunal had not been released. 245 The Commission recommends that the Committee urge the Government to commit to reviewing the Adoption Act 1955. 133 Adoption Action is an incorporated society whose members include persons who have had personal experience of adoption whether as relinquishing parents, adopted persons or actual or potential adoptive parents. Page 64 of 93 Human Rights Commission submission to the Human Rights Committee in relation to New Zealand’s 6th periodic review under the ICCPR

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