paragraphs 31-32.
27. The Commission recommends that parliamentary democracy in New Zealand be
strengthened by:
a) limiting the use of urgency to exceptional circumstances and subject to bipartisan support; and
b) ensuring greater discipline in limiting the legislative programme to allow for
sound parliamentary practice.
28. There is no formal mechanism that currently allows treaty body reporting or concluding
observations from UN bodies to be reported back to the New Zealand Parliament and
debated. Nor is there a specific human rights select committee that enhances
Parliamentary oversight and strengthens accountability on human rights matters.
29. To better fulfil New Zealand’s international human rights obligations, the
Commission recommends that the government commit to:
a) formal tabling of all concluding observations from UN treaty bodies in
Parliament; and
b) establishing a human rights select committee or designating an existing select
committee or committees to conduct comprehensive human rights analysis of
all legislation both primary and secondary.
30. In 2012 the Court of Appeal affirmed that the policy of not paying family carers to
provide disability support services to disabled family members constituted unjustifiable
discrimination on the basis of family status. In direct response to this decision the
Government passed the New Zealand Public Health and Disability Amendment Act
under urgencyxxxii on 17 May 2013.The Act effectively ousts the Commission’s
jurisdiction and removes any potential domestic remedy for unlawful discrimination
relating to family care policy.xxxiii The passage of the Act from introduction to enactment
in 24 hours with no opportunity for Select Committee Review, a heavily redacted
Regulatory Impact Statement and a report from the Attorney General that the Bill
breached BORA was greeted with despondency and despair by disabled people.
31. In it last report to the Universal Periodic Review in 2009 New Zealand advised the HRC
that there was a work plan in place to address the systemic and serious abuse of the
health of people with intellectual disability. There is currently minimal evidence of a
commitment to address this abuse and the Act (including the manner in which it was
passed) does little to enable good lives for such individuals.
32. The Commission recommends that the Government:
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