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

4 New sections 7A and 7B and cross-heading inserted (Attorney-General to report to Parliament declaration of inconsistency)

After section 7, insert:

Required actions after declarations of inconsistency

7A Attorney-General to report 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all lodged appeals, or applications for leave to appeal, against the making of the declaration are withdrawn or dismissed.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 report 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.