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Human Rights Amendment Bill (Consistent) (Section) [2011] NZBORARp 47 (3 October 2011)

Last Updated: 29 April 2019

Human Rights Amendment Bill

3 October 2011 ATTORNEY-GENERAL

Human Rights Amendment Bill (PCO 15431/7.0): Consistency with the New Zealand Bill of Rights Act 1990

Our Ref: ATT395/162


  1. I have reviewed the Human Rights Amendment Bill for consistency with the New Zealand Bill of Rights Act 1990. I conclude the Bill is consistent with that Act.
  2. The Bill amends the Human Rights Act 1993. The explanatory note provides the Bill enables the establishment within the Human Rights Commission of a full-time Disability Rights Commissioner, with a view to implementing one of the requirements in Article 33 of the

United Nations Convention on the Rights of Persons with Disabilities, being to “maintain, strengthen, designate or establish within the State Party, a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor

implementation of the present Convention.” The Bill also makes changes to the composition, governance arrangements and functions and powers of the Commission to enable it to respond better to emerging human rights issues, in line with Government’s focus on better results from public services. This includes changes to the number of Commissioners and disestablishing the positions of Race Relations Commissioner and Equal Employment Opportunities Commissioner, but providing that a Commissioner be appointed to lead the work in each of these priority areas.

  1. This advice has been reviewed in accordance with Crown Law protocol by Austin Powell, Crown Counsel.

Jane Foster 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 Human Rights 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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