Resolution 5/1 at para 2.1. xvii The Optional Protocol (on a communications procedure) to UNCROC gives competence to the CRC to receive and consider individual communications alleging violations of the Convention and its Protocols. xviii Article 1 reflects the right to self-determination for incoming settlers, democratic rights such as citizenship rights and legal rights protected by the rule of law. Article 2 reflects the right to self-determination for tangata whenua, indigenous rights and property rights. Article 3 reflects the rights to equality and non-discrimination in the realisation of civil, political, economic and social rights. Article 4 reflects the right to freedom of religion and beliefs. xix Public consultation on the Constitutional Review is being undertaken during 2013. xx In particular, there is no equivalent of Art. 17 of the ICCPR which guarantees “No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, or to unlawful attacks on his honour and reputation.” The right to found a family, a general right of equality before the law, and additional rights protecting children are other rights which are not included in the BORA. xxi Chapter 29 of the Magna Carta provides “No freeman shall be...disseised of his freehold...but ...by the law of the land.” This aspect of the Magna Carta has been recognised by the Courts over the years (for example, Cooper v Attorney-General [1996] 3 NZLR 480) and is implicit in Article 2 of the Treaty of Waitangi. xxii Such as the Public Works Act 1981 and the Resource Management Act 1991. xxiii In the absence of a comprehensive constitutional document or entrenched legal provisions, economic, social and cultural rights are mainly provided for through policy and practice. xxiv Such statutory recognition could be in BORA itself. This would have the added benefit of requiring all new legislation to be assessed for compliance with economic, social and cultural rights in accordance with s7. xxv See Recommendation from CESCR in 2012, E/C.12/NZL/CO/3 at paras 9-10. xxvi As envisaged by the World Programme for Human Rights Education (2005), and as recommended in 2003 and 2011 by the CRC. xxvii Section 7.60 of the Cabinet Manual, Cabinet Office, 2008. xxviii Attached as annex 6 is a list of the Bills which passed all stages under urgency since 2008. xxix Joseph, P “Environment Canterbury Legislation” [2010] NZLJ at 193. xxx The Act was passed under extended sitting hours adopted by leave of Parliament, rather than under urgency. xxxi The Act changed the status of film workers to independent contractors and removed their right to collectively bargain. It was passed under urgency and no regulatory impact statement was prepared. Nor were any public submission heard. xxxii Meaning that despite there being significant human rights implications, neither the Commission nor the public were able to make submissions on the Bill. xxxiii It stops people from bringing unlawful discrimination complaints about a family care policy to the Commission. Nor will any proceedings be able to be commenced or continued in any court in relation to discrimination. xxxiv The Convention Coalition consists of the Disabled Persons Assembly (DPA), the Association of Blind Citizens, People First, Deaf Aotearoa, Ngāti Kāpo, and Ngā Hau E Whā (a network of organisations of people with experience of mental illness). xxxv E/C.12/NZL/CO/3 at 12. xxxvi Ibid. xxxvii See New Zealand Police (2012), 'The Turning of the Tide - a Whanau Ora Crime and Crash Prevention Strategy’ http://www.police.govt.nz/featured/new-strategy-aims-turn-tide-maori-victimisation-and-offending xxxviii In 1995 New Zealand’s former Prime Minister Jenny Shipley committed to a target of 50 percent women’s representation by 2000. xxxix New Zealand Human Rights Commission (2012) Caring Counts Tautiaki tika New Zealand Human Rights Commission Wellington New Zealand. xl CEDAW/C/NZL/CO/7 at 27-28. xli http://www.cpag.org.nz/in-focus/cpag-in-the-court-of-appeal-1/ xlii http://www.occ.org.nz/publications/child_poverty xliii Kofi Annan (1999\0, quoted in “Violence Against Women in Aotearoa New Zealand 2009”, Herbert, Hill, A and DicksonS. Published online at http://.roundtablevaw.org.nz/Integrated.pdf xliv Restoring Soul (2009), Ministry of Women’s Affairs. (Wellington New Zealand) p84 xlv V Kingi and J Jordan 2009 and S Triggs et al 2009 quoted in Restoring Soul (2009) Ministry of Women’s Affairs (Wellington New Zealand) p12 http://www.mwa.govt.nz/news-and-pubs/publications/restoring-soul-pdf xlvi Every Child Counts The nature of economic costs of child abuse and child neglect in New Zealand: a report prepared by Infometrics Ltd for Every Child Counts (2008) available at http://www.everychildcounts.org.nz xlvii See Recommendations from CESCR in 2012, E/C.12/NZL/CO/3 at 18-19. See also Recommendations from Page 34 of 35