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Mental Health Commission Amendment Bill (Consistent) [2006] NZBORARp 55 (30 November 2006)

Last Updated: 13 January 2019

30 November 2006

ATTORNEY-GENERAL

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: MENTAL HEALTH COMMISSION AMENDMENT BILL

1. We have assessed whether the Mental Health Commission Amendment Bill (‘the Bill’), (PCO 7612/11) is consistent with the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). We understand that this Bill will be considered by Cabinet on 4 December 2006.
   
2. The purpose of the Bill is to amend the Mental Health Commission Act 1998 (‘the Act’) to extend the term of the Mental Health Commission until 2015 and to make a number of changes to the Act. This includes changes to the Mental Health Commission’s role in:
   • advising and reporting to the Minister on the implementation of the national mental health strategy;
   • promoting and facilitating collaboration and dialogue about mental health issues; and
   • advocating for the interests of people with mental illness and their families generally.
     
3. We have concluded that the Bill appears to be consistent with the rights and freedoms contained in the Bill of Rights Act.
   

Melanie Webb Margaret Dugdale

Manager, Ministerial Advice Policy Manager, Bill of Rights/Human Rights Office of Legal Counsel 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 Mental Health Commission 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