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Oaths and Declarations (Members of Parliament) Amendment Bill (Consistent) [2018] NZBORARp 39 (28 March 2018)
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Oaths and Declarations (Members of Parliament) Amendment Bill (Consistent) [2018] NZBORARp 39 (28 March 2018)
Last Updated: 3 January 2019
28 March 2018
Hon David Parker, Attorney-General
LEGAL ADVICE
LPA 01 01 23
Consistency with the New Zealand Bill of Rights Act 1990: Oaths and
Declarations (Members of Parliament) Amendment Bill
- We
have considered whether the Oaths and Declarations (Members of Parliament)
Amendment Bill (‘the Bill’), a member’s
Bill in the name of
Anahila Kanongata’a-Suisuiki MP, is consistent with the rights and
freedoms affirmed in the New Zealand
Bill of Rights Act 1990 (‘the Bill of
Rights Act’).
- The
Bill’s purpose is to amend the Oaths and Declarations Act 1957 (‘the
principal Act’) to allow members of Parliament
to make their oaths or
affirmations of allegiance in languages other than English and te reo
Māori.
- Th
Bill does this by introducing new s 4B into the principal Act, which enables any
of the oaths or affirmations set out in the principal
Act to be sworn or
affirmed in any other language if prescribed by regulations. Clause 6 introduces
a new regulation making power
in s 30B to enable the Governor-General to
prescribe in regulations other language equivalents of the oath of allegiance
that will
have the same effect as using the oath set out in s 17 of the
principal Act.
- 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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