New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022

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Coat of Arms of New Zealand

New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022

Public Act
 
2022 No 45
Date of assent
 
29 August 2022
Commencement
 
see section 2

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022.

2 Commencement

This Act comes into force on the day after the date of Royal assent.

Part 1 Amendment to New Zealand Bill of Rights Act 1990

3 Amendment to New Zealand Bill of Rights Act 1990

This Part amends the New Zealand Bill of Rights Act 1990.

4 New sections 7A and 7B and cross-heading inserted

After section 7, insert:

Required actions after declarations of inconsistency

7A Attorney-General to notify Parliament of declaration of inconsistency

(1)

This section applies if a declaration made by a senior court that an enactment is inconsistent with this Bill of Rights (and not made under section 92J of the Human Rights Act 1993) becomes final because—

(a)

no appeals, or applications for leave to appeal, against the making of the declaration are lodged in the period for lodging them; or

(b)

all lodged appeals, or applications for leave to appeal, against the making of the declaration are withdrawn or dismissed.

(2)

The Attorney-General must present to the House of Representatives, not later than the sixth sitting day of the House of Representatives after the declaration becomes final, a notice bringing the declaration to the attention of the House of Representatives.

7B Responsible Minister to report to Parliament Government’s response to declaration

(1)

If a notice is presented under section 7A of a declaration that an enactment is inconsistent, the Minister responsible for the administration of the enactment must present to the House of Representatives, before the deadline, a report advising of the Government’s response to the declaration.

(2)

The deadline is the end of 6 months starting on the date on which the notice is presented, or any earlier or later time—

(a)

specified by a resolution of the House of Representatives; or

(b)

otherwise determined by or on behalf of the House of Representatives, in accordance with its rules and practice.

Part 2 Amendments to Human Rights Act 1993

5 Amendments to Human Rights Act 1993

This Part amends the Human Rights Act 1993.

6 Section 92K amended (Effect of declaration)

(1)

Before section 92K(1), insert:

Effect on enactment, or act, omission, policy, or activity, concerned

(2)

Replace section 92K(2) and (3) with:

Required actions after declarations of inconsistency

(2)

Sections 92WA and 92WB provide for required actions after a declaration of inconsistency is made under section 92J (by the Tribunal, or by a senior court on an appeal against a decision of the Tribunal).

7 New sections 92WA and 92WB and cross-heading inserted

After section 92W, insert:

Required actions after declarations of inconsistency

92WA Attorney-General to notify Parliament of declaration of inconsistency

(1)

This section applies if a declaration made under section 92J (by the Tribunal, or by a senior court on an appeal against a decision of the Tribunal) becomes final because—

(a)

no appeals, or applications for leave to appeal, against the making of the declaration are lodged in the period for lodging them; or

(b)

all lodged appeals, or applications for leave to appeal, against the making of the declaration are withdrawn or dismissed.

(2)

The Attorney-General must present to the House of Representatives, not later than the sixth sitting day of the House of Representatives after the declaration becomes final, a notice bringing the declaration to the attention of the House of Representatives.

92WB Responsible Minister to report to Parliament Government’s response to declaration

(1)

If a notice is presented under section 92WA of a declaration that an enactment is inconsistent, the Minister responsible for the administration of the enactment must present to the House of Representatives, before the deadline, a report advising of the Government’s response to the declaration.

(2)

The deadline is the end of 6 months starting on the date on which the notice is presented, or any earlier or later time—

(a)

specified by a resolution of the House of Representatives; or

(b)

otherwise determined by or on behalf of the House of Representatives, in accordance with its rules and practice.

Legislative history

18 March 2020

Introduction (Bill 230–1)

27 May 2020

First reading and referral to Privileges Committee

30 September 2021

Reported from Privileges Committee (Bill 230–2)

11 May 2022

Second reading

2 August 2022

Committee of the whole House

23 August 2022

Third reading

29 August 2022

Royal assent

This Act is administered by the Ministry of Justice.