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Child Support Amendment Bill (Consistent) [2011] NZBORARp 40 (22 September 2011)

Last Updated: 29 April 2019

22 September 2011

ATTORNEY-GENERAL

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: CHILD SUPPORT AMENDMENT BILL

1. We have considered whether the Child Support Amendment Bill (“the Bill”) (PCO 15434/2.0) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (“the Bill of Rights Act”). We understand that the Bill will be considered by the Cabinet Legislation Committee at its meeting on Thursday, 29 September 2011.
2. We understand that the Bill may be subject to further amendment before it is submitted to the Cabinet Legislation Committee. We will provide supplementary advice should this prove necessary.
3. The Bill amends the Child Support Act 1991 (“the Act”) to modernise the child support scheme. Broadly speaking, the changes fall into the following three categories:
   • a new child support calculation formula
   • secondary changes to update the child support scheme more generally
   • amendments to the payment, penalty and debt rules for child support.
4. We note that the Bill amends the definition of “qualifying child” so that children who are 18 years old will only qualify for child support if they are enrolled in a registered school. Currently, there is no requirement for a qualifying child to be enrolled in a registered school. We have considered whether this distinction may limit the right to be free from discrimination on the grounds of age. There does not appear to be any disadvantage for 18 year olds who are not enrolled in a registered school given their eligibility for social benefits, including study support.
5. We have therefore concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. This advice has been prepared by the Public Law Group and the Office of Legal Counsel.
   

Jeff Orr

Chief Legal Counsel Office of Legal 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 Support 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.