New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th
periodic review
46.
The Commission recommends that:
a) the requirement set out in section 7.60 of the Cabinet Manual be more
explicit in requiring identification of implications in relation to international
human rights commitments and extended to apply to all policy and
legislation (both primary and secondary); and
b) Ministers and officials be directed to strictly adhere to current and extended
Cabinet Manual requirements.
Human Rights Select Committee
47.
Many NGOs and civil society organisations have stated that they want to see a
dedicated Human Rights Select Committee established that would scrutinise
legislation and section 7 vets, and conduct thematic inquiries and issues reports. This
has been raised by some submitters in relation to this review.
48.
In 2014 the Standing Orders Committee considered whether it was appropriate in the
New Zealand situation to establish a Human Rights Select Committee. It concluded
that it was not, stating:22
It could be difficult to maintain the membership of such a committee, and in principle,
this proposal could potentially marginalize important matters that already seem to be
too confined to legal and academic circles.
…However, there is another part to the equation: as well as drawing the attention of
members to Bill of Rights matters, there should be an increased emphasis on
expressing these issues in ways that are comprehensible, not only for member, but for
the public in general. The answer is not to shut NZBORA matters away in a specialist
committee, as that could in fact be counter-productive.
New Zealand has a well-regarded system of subject select committees that have
multiple functions and exercise general oversight of policy, legislative, and
22
Standing Orders Committee, Review of Standing Orders (July 2014) at 15.
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