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SuperGold Health Check Bill (Consistent) (Section 19) [2013] NZBORARp 52 (27 November 2013)

Last Updated: 21 April 2019

SuperGold Health Check Bill

27 November 2013 Attorney-General

Legal Advice

Consistency with the New Zealand Bill of Rights Act 1990: SuperGold Health Check Bill

1. We have considered whether the SuperGold Health Check 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 is a Member’s Bill in the name of Barbara Stewart MP. The Bill was introduced into the House of Representatives on 14 November 2013 and is awaiting its first reading. We understand that the next Members’ Day is scheduled for Wednesday, 4 December 2013.

2. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. In reaching that conclusion, we have considered a possible inconsistency with s 19 (freedom from discrimination).
   
3. The Bill provides SuperGold cardholders with an entitlement to three free doctor’s visits

per year. A person is eligible for a SuperGold card if they are:

• 65 years or over and legally and ordinarily resident in New Zealand; or
  
• under 65 years and receive the veteran’s pension, or non-qualified spouse or partner rate of New Zealand superannuation or veteran's pension.
  

4. The Bill makes a distinction on the basis of age and marital status. The extent of any

disadvantage to those who do not have a SuperGold card would depend on the person’s

eligibility for other forms of social welfare, their health, and their socio-economic position.

5. We consider that any discrimination in the Bill is justified under s 5 of the Bill of Rights Act. The primary objective of the Bill is to prevent hospitalisation of older people to save health system costs and improve the emotional, physical and psychological wellbeing of older people. We consider this objective to be sufficiently important to justify some limitation on the right to be free from discrimination. There is a rational connection

between providing free doctor’s visits and minimising hospitalisation. Free doctor’s visits are likely to remove some of the disincentives to seeking early intervention, and this may prevent minor ailments from becoming more serious.

6. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.

Tania Warburton

Acting Chief Legal Counsel Office of Legal Counsel

Disclaimer

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 SuperGold Health Check 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.