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Child and Family Protection Bill (Consistent) [2009] NZBORARp 46 (24 July 2009)

Last Updated: 28 April 2020

Child and Family Protection Bill

24 July 2009

Attorney-General

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: Child and Family Protection Bill (PCO13694/2.0)

Our Ref: ATT395/112

1. I have reviewed this Bill for consistency with the New Zealand Bill of Rights Act 1990.

I conclude that no apparent inconsistency arises.

2. The Bill proposes a number of amendments to the Domestic Violence Act 1955 and the Care of Children Act 2004 relating to the protection of child victims of domestic violence and streamlining court processes. The Bill also proposes to amend the Adoption Act 1955 (with consequential amendments to other legislation) to include

a new offence of improperly inducing consent for the adoption of a child, punishable by a term of imprisonment of up to 7 years, and to ensure compliance with the Optional Protocol to the United Nations Convention on the Rights of the Child.

3. This advice has been reviewed, in accordance with Crown Law protocol, by Victoria

Casey, Crown Counsel.

Yours sincerely

Robert Kirkness

Assistant Crown Counsel

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 Child and Family Protection 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.