Steven Price

My book

Media Minefield


Guide to NZ Media Law

Official Information Act

Official Information Act


Bill of Rights Act

Media law resources

Feeds (RSS)


« | Main | »

Bill of Yeah Rights

By Steven | November 11, 2010

Since the Bill of Rights was enacted, the government has, on average, ignored one section 7 report a year, according to the Minister of Justice. (A section 7 report is a legal opinion given by the Attorney General to Parliament that the proposed legislation breaches fundamental rights in an unjustified way.) Simon Power was addressing a symposium today on the NZ Bill of Rights Act, 20 years after its enactment. Here’s what he said:

You might be surprised to know that there have been 57 section 7 reports since 1990.   Of those, six bills are currently before the House. Of the remaining 51: 

  • 21 have been withdrawn or defeated outright.
  • 10 have been amended to address the inconsistency.  
  • 20 have been enacted unchanged. 

Of the 20 that have been enacted unchanged, only one was a non-Government bill. 

I haven’t done the maths, but I suspect that that rate of nose-thumbing at section 7 reports has increased under Power’s watch.

We should recall, however, that the absence of a section 7 report doesn’t mean that the proposed law is necessarily squeaky clean. Recall that the original version of Labour’s Electoral Finance Bill astonishingly did not attract a section 7 report; and it seems that Margaret Wilson overrode officials’ advice that the Foreshore and Seabed Bill should have been slapped with a section 7 report.

My sense is that current Attorney-General Chris Finlayson has presided over a pretty robust approach to scrutinising his party’s legislation under the BORA. Section 7 reports this year have included government bills on misuse of drugs, social assistance, tax and liquor, for example.

Incidentally, this record compares very unfavourably with the UK. I’m not sure any law has been passed there after an adverse report from its joint committee on human rights.

Topics: NZ Bill of Rights Act | 25 Comments »

25 Responses to “Bill of Yeah Rights”

  1. IdiotSavant Says:
    November 11th, 2010 at 5:53 pm

    Incidentally, this record compares very unfavourably with the UK. I’m not sure any law has been passed there after an adverse report from its joint committee on human rights.

    There’s an obvious reason for that: because such an adverse report effectively says “this violates the ECHR”, which raises the prospect of the European Court of Human Rights making a binding ruling which forces the UK tooverturn its laws (c.f. prisoner disenfranchisement).

    Our BORA has no teeth, and that is why our politicians feel happy violating it: because they can get away with it.

  2. How to lose weight Says:
    July 20th, 2020 at 6:50 pm

    … [Trackback]

    […] Find More Info here on that Topic: medialawjournal.co.nz/?p=403 […]

  3. game ca cuoc bong da Says:
    July 23rd, 2020 at 7:43 pm

    … [Trackback]

    […] Read More to that Topic: medialawjournal.co.nz/?p=403 […]

  4. Dylan Sellers Says:
    August 16th, 2020 at 4:45 am

    … [Trackback]

    […] Read More here to that Topic: medialawjournal.co.nz/?p=403 […]

  5. replica watches Says:
    September 2nd, 2020 at 7:01 pm

    … [Trackback]

    […] Read More Info here on that Topic: medialawjournal.co.nz/?p=403 […]

  6. pinewswire.net Says:
    September 23rd, 2020 at 7:40 am

    … [Trackback]

    […] Find More Info here on that Topic: medialawjournal.co.nz/?p=403 […]

  7. immediate edge reviews Says:
    September 23rd, 2020 at 8:01 am

    … [Trackback]

    […] Find More on on that Topic: medialawjournal.co.nz/?p=403 […]

  8. bitcoin evolution review Says:
    September 29th, 2020 at 7:14 pm

    … [Trackback]

    […] Info to that Topic: medialawjournal.co.nz/?p=403 […]

  9. bitcoin era online Says:
    October 1st, 2020 at 2:02 am

    … [Trackback]

    […] Info to that Topic: medialawjournal.co.nz/?p=403 […]

  10. Pomskies for Sale Says:
    October 10th, 2020 at 3:42 pm

    … [Trackback]

    […] Information to that Topic: medialawjournal.co.nz/?p=403 […]

  11. 메이저사이트 Says:
    November 1st, 2020 at 7:53 pm

    … [Trackback]

    […] Find More on to that Topic: medialawjournal.co.nz/?p=403 […]

  12. new pinball machines for sale Says:
    November 10th, 2020 at 12:32 am

    … [Trackback]

    […] Find More on to that Topic: medialawjournal.co.nz/?p=403 […]

  13. số may mắn của thiên bình Says:
    November 11th, 2020 at 1:35 pm

    … [Trackback]

    […] Read More on to that Topic: medialawjournal.co.nz/?p=403 […]

  14. mơ thấy đi chùa lạy phật Says:
    November 13th, 2020 at 1:28 pm

    … [Trackback]

    […] Read More to that Topic: medialawjournal.co.nz/?p=403 […]

  15. 안전공원 Says:
    December 14th, 2020 at 5:25 pm

    … [Trackback]

    […] Information on that Topic: medialawjournal.co.nz/?p=403 […]

  16. devsecops Says:
    December 21st, 2020 at 9:07 pm

    … [Trackback]

    […] Read More Information here on that Topic: medialawjournal.co.nz/?p=403 […]

  17. fake watches Says:
    December 22nd, 2020 at 10:52 am

    … [Trackback]

    […] Here you can find 58639 additional Info on that Topic: medialawjournal.co.nz/?p=403 […]

  18. mơ cá sấu đánh con gì Says:
    December 22nd, 2020 at 6:32 pm

    … [Trackback]

    […] Find More Info here to that Topic: medialawjournal.co.nz/?p=403 […]

  19. buy Shrimps for sale online Says:
    December 30th, 2020 at 2:30 pm

    … [Trackback]

    […] There you will find 66608 additional Info to that Topic: medialawjournal.co.nz/?p=403 […]

  20. mơ chiến tranh Says:
    January 7th, 2021 at 1:07 pm

    … [Trackback]

    […] Find More here on that Topic: medialawjournal.co.nz/?p=403 […]

  21. Software testing services company Says:
    January 12th, 2021 at 11:08 am

    … [Trackback]

    […] Read More to that Topic: medialawjournal.co.nz/?p=403 […]

  22. dewaqq Says:
    January 13th, 2021 at 1:44 am

    … [Trackback]

    […] Here you can find 60454 additional Information on that Topic: medialawjournal.co.nz/?p=403 […]

  23. ZANKER WPKX9000 manuals Says:
    January 24th, 2021 at 12:46 am

    … [Trackback]

    […] Find More on that Topic: medialawjournal.co.nz/?p=403 […]

  24. Driveway Repair Savannah GA Says:
    March 14th, 2021 at 12:02 pm

    … [Trackback]

    […] Find More Information here on that Topic: medialawjournal.co.nz/?p=403 […]

  25. รับทำเว็บไซต์ WordPress Says:
    March 27th, 2021 at 11:42 pm

    … [Trackback]

    […] Read More Info here to that Topic: medialawjournal.co.nz/?p=403 […]

Comments

You must be logged in to post a comment.