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Human Rights (Women in Armed Forces) Amendment Bill (Consistent) [2006] NZBORARp 40 (29 August 2006)

Last Updated: 12 January 2019

Human Rights (Women in Armed Forces) Amendment Bill

29 August 2006 Attorney-General

HUMAN RIGHTS (WOMEN IN ARMED FORCES) AMENDMENT BILL CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:


  1. We have considered the Human Rights (Women in Armed Forces) Amendment Bill ('the Bill') for consistency with the New Zealand Bill of Rights Act 1990 ('the Bill of Rights Act').
  2. The Bill, a Member's Bill in the name of Lynne Pillay MP, was introduced into the House of Representatives on 24 August 2006 and is currently awaiting its first reading. We understand that the next Members' day is scheduled for Wednesday, 6 September 2006.
  3. The purpose of the Bill is to amend the Human Rights Act 1993 by repealing section 33 of that Act. Section 33 permits preferential treatment based on sex being given to anyone serving in the Armed Forces in an active combat role. Such preferential treatment would otherwise be illegal by virtue of section 22 of the Human Rights Act (discrimination in employment matters).
  4. We have concluded that the Bill appears to be consistent with rights and freedoms affirmed in the Bill of Rights Act.
Jeff Orr
Chief Legal Counsel Office of Legal Counsel
Margaret Dugdale
Policy Manager, Bill of Rights/Human Rights Public Law Group

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Human Rights (Women in Armed Forces) Amendment Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.


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