207. The Committee may wish to make further inquiries with the Government as to the: (a) Implementation of the Clinical Reference Group Guidelines in accordance with the recommendations set out in the CRC Committee’s concluding observations; and (b) Development of legislation to address the practice. Counter-terrorism response (List of Issues item 33) 208. The Christchurch terror attack on 15 March 2019 highlighted several challenges for human rights in Aotearoa New Zealand including the extent to which our security and intelligence and enforcement agencies can keep communities safe in the face of the evolving nature of terrorism, and how to address racial discrimination and hate crimes more broadly. 209. The attack led the Government to establish a Royal Commission of Inquiry (RCOI), to investigate the actions of the terrorist, the actions of relevant public sector agencies and any changes that could prevent such terror attacks in the future.227 The RCOI examined the relevant counterterrorism legislation, including the Terrorism Suppression Act 2002 (TSA) and the Intelligence and Security Act 2017 (ISA), and recommended a review of the relevant legislation to enable public sector agencies to operate effectively.228 210. While the ISA will be subject to an independent review, the Commission has noted with concern that the Government passed several amendments to the Counter Terrorism Legislation, which was developed and passed through Parliament229 without adequate consultation with affected communities and a lack of engagement with tangata whenua, contrary to Te Tiriti o Waitangi. 211. Several human rights concerns arising from the Bill were raised by the Commission and other submitters through the Select Committee process. These concerns included the Bill’s overbroad definition of terrorism and the lack of oversight mechanisms. 212. The Commission also raised concerns about the Bill’s focus on Islamic-claimed terrorism without regard to other forms of terrorism, such as far-right terrorism, as well as a lack of any mention of Aotearoa New Zealand’s human rights obligations under domestic or international law. 213. Despite criticism from numerous submitters on the human rights deficiencies of the legislation, in its report on the Bill, Parliament’s Justice Committee recommended by majority that the Bill 227 Under its Terms of Reference, the RCOI was tasked with investigating three broad areas – the actions of the individual, the actions of relevant Public sector agencies, and any changes that could prevent such terrorist attacks in the future. See RCOI Order 2019, available at https://www.legislation.govt.nz/regulation/public/2019/0072/latest/LMS183988.html 228 It also suggested consideration of the creation of precursor offences as a matter of priority – but also as part of a wider review. 229 The Bill was introduced on 13 April 2021, its first reading was held on 5 May 2021, and submissions were due to the Select Committee on 25 June 2021. The Select Committee released its report of recommendations on 15 September 2021. The Bill passed its second reading on 21 September 2021, and third reading on 29 September 2021, and was given royal assent on 4 October 2021. 47