86 S e cti o n T w o – c iv il and politi cal rights “disgraceful by world standards”. 54 While urgency introduction of legislation (and, as noted earlier, not to may be acceptable in relation to changing revenue laws SOPs). A report will be tabled only if the Attorney-General in the wake of a budget, 55 it is less justifiable where considers the bill is inconsistent (not if it is consistent) it is used for purely political purposes. For example, the with the BoRA. The fact that the legal information Electoral Finance Bill was deliberately rushed through provided to the Attorney-General on which the advice is its second reading and committee stages, in the face based can be withheld under the Official Information Act of public concern and opposition by other parties. The has been criticised as having implications for the transpar- Environment Canterbury (Temporary Commissioners ency of the process. 57 Although advice received by the and Improved Water Management) Act 2010 was intro- Attorney-General relating to BoRA consistency has been duced under urgency and forced through all three posted on the Ministry of Justice’s website since 2003, the readings in one sitting. process could be improved by tabling Bill of Rights reports Transparency on every bill introduced. Transparency and accountability are closely linked. 56 To further help ensure the regulatory process is open and Transparency can be defined as access by the public transparent, regulatory impact statements are prepared to timely and reliable information on decisions and to support the consideration of regulatory proposals. performance in the public sector. They are published when the relevant bill is introduced to In New Zealand, transparency is made possible through the Official Information Act 1982 and the Local Government Official Information and Meetings Act 1987, which ensure that citizens can access information about government and local government activities and are primary tools for public scrutiny of the Executive and local bodies. In relation to the development of legislation, the BoRA Parliament or the regulation is gazetted, or at the time of ministerial release. The media also plays a significant role in ensuring transparency by championing the right to free speech, which is a necessary prerequisite for the effective functioning of a democratic government. 58 In New Zealand, state-owned television and radio channels are run at arm’s length from the Government through state-owned enterprises. applies to legislation in a number of ways. All government Responsiveness policy proposals and bills introduced into Parliament are Government responsiveness is held in high regard in assessed for their consistency with the BoRA. The process New Zealand. Members of parliament, including cabinet of vetting proposed legislation for consistency also contri- ministers, make themselves available to the public and butes to transparency. Where legislation appears to their constituents, and local authorities have a wide be inconsistent with any of the rights and freedoms in range of mechanisms through which they can consult the the BoRA, a report must be tabled in Parliament by the general public. Attorney-General. Although Parliament can enact the Tensions can arise, however, when the Government has legislation even if it is incompatible, the process does ensure that the public and the legislature are aware that it breaches the BoRA. to balance conflicting views. The Government is responsible for making principled decisions and respecting and protecting internationally agreed-on human rights, even The reporting requirement has been described as when public opinion on a particular issue is inconsistent “deficient” in certain respects. It applies only on the with those standards. 54 Waldron J (2008), p 21 55 ibid p 21 56 Armstrong E (2005), Integrity, Transparency and Accountability in Public Administration: Recent Trends, Regional and International Developments and Emerging Issues UN Economic and Social Affairs. Accessible online at http://unpan1.un.org/intradoc/groups/public/ documents/un/unpan020955.pdf 57 Butler and Butler (2005), p 212 58 Butler and Butler (2005), p 308