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Military Justice Legislation Amendment Bill (Consistent) [2017] NZBORARp 40 (19 July 2017)

Last Updated: 8 January 2019

19 July 2017

Hon Christopher Finlayson QC, Attorney-General

Consistency with New Zealand Bill of Rights Act 1990: Military Justice Legislation Amendment Bill

Please find attached our advice about the consistency of this Bill with the New Zealand Bill of Rights Act 1990. We have concluded that the Bill appears to be consistent with that Act.


Details of the Bill

Minister:
Hon Gerry Brownlee
Bill Type:
Government Bill
Committee:
Cabinet Legislation Committee
Meeting Date:
26/07/2017

Recommendations

Note the attached advice about the consistency of the Bill with the New Zealand Bill of Rights Act 1990.
YES / DISCUSS
Direct the Ministry of Justice to publish the advice on its website.
YES / NO
Refer a copy of the advice to the Minister of Defence.
YES / NO

Contacts for telephone discussion (if required)

Name
Position
Telephone
1st contact
(work)
(a/h)
Jeff Orr
Chief Legal Counsel
04 494 9755
027 221 6859

Andrew Goddard
Vetting Co-ordinator
04 494 9964


Nick Kokay
Policy Advisor
04 494 9810



Andrew Goddard Hon Christopher Finlayson QC

Vetting Co-ordinator Attorney-General Policy Group / / 2017

19 July 2017

Hon Christopher Finlayson QC, Attorney-General


Consistency with the New Zealand Bill of Rights Act 1990: Military Justice Legislation Amendment Bill

  1. We have considered whether the Military Justice Legislation 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 an omnibus bill with the principal purpose of updating the military justice system to align it with the criminal justice system in certain respects, including by enhancing victims’ rights. The Bill amends the Armed Forces Discipline Act 1971, the Court Martial Act 2007, and the Court Martial Appeals Act 1953.
  3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.

Jeff Orr

Chief Legal Counsel Office of Legal Counsel


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