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Parental Leave and Employment Protection (Six Months' Paid Leave) Amendment Bill (Consistent) (Section 19(1)) [2012] NZBORARp 12 (27 April 2012)

Last Updated: 27 April 2019

27 April 2012 ATTORNEY-GENERAL

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: PARENTAL LEAVE AND EMPLOYMENT PROTECTION (SIX MONTHS’ PAID LEAVE) AMENDMENT BILL

1. We have considered whether the Parental Leave and Employment Protection (Six Months’ Paid Leave) Amendment Bill (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). The Bill was introduced into the House of Representatives on 5 April 2012 and is awaiting first reading. The Bill is a Member’s Bill in the name of Sue Moroney MP. We understand that the next Members’ Day is 9 May 2012.
2. In summary, the Bill would amend the Parental Leave and Employment Protection Act 1987 to extend the maximum duration of paid parental leave from 14 to 18 weeks from 1 April 2012; from 18 to 22 weeks from 1 April 2013; and from 22 to 26 weeks from 1 April 2014.
3. In December 2001, in relation to the Parental Leave and Employment Protection Amendment Bill (‘the PPL Bill’), we considered whether the paid parental leave scheme proposed by the PPL Bill gave rise to an issue of discrimination on the grounds of sex and marital status under section 19(1) of the Bill of Rights Act. We concluded that, having regard to the degree of deference that is appropriate when dealing with complex social policy issues, the discrimination could be justified in terms of section 5 of the Bill of Rights Act.
4. Given that the current Bill simply increases the maximum duration of paid parental leave from 14 weeks to 26 weeks we do not consider that the changes proposed in the Bill materially alter that conclusion.
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.
   

Melanie Webb

Acting 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 Parental Leave and Employment Protection (Six Months’ Paid Leave) 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.