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Oaths and Declarations (Upholding the Treaty of Waitangi) Amendment Bill (Consistent) [2012] NZBORARp 49 (12 September 2012)

Last Updated: 28 April 2019

12 September 2012 ATTORNEY-GENERAL

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: OATHS AND DECLARATIONS (UPHOLDING THE TREATY OF WAITANGI) AMENDMENT BILL

1. We have considered whether the Oaths and Declarations (Upholding the Treaty of Waitangi) 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’).
2. The Bill is a Member’s Bill in the name of Te Ururoa Flavell MP. The Bill was introduced into the House of Representatives on 30 August 2012 and is awaiting its first reading. We understand that the next Members’ Day is scheduled for 19 September 2012.
3. The Bill adds s 4B to the Oaths and Declarations Act 1957 to provide that any person taking an oath under any statute may elect, in addition to the words of the oath, to state that they will uphold the Treaty of Waitangi. New s 4B provides the form of wording to do so.
4. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.\
   

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 Oaths and Declarations (Upholding the Treaty of Waitangi) 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.