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COVID-19 Response (Urgent Measures) Legislation Bill (Consistent) [2020] NZBORARp 11 (25 March 2020)
Last Updated: 25 March 2020
25 March 2020
Hon David Parker, Attorney-General
Consistency with the New Zealand Bill of Rights Act 1990: COVID-19 Response
(Urgent Measures) Legislation Bill
- We
have considered whether the COVID-19 Response (Urgent Management Measures)
Legislation Bill is consistent with the rights and freedoms
affirmed in the New
Zealand Bill of Rights Act 1990. We understand that the Bill will be introduced
into the House of Representatives
on 25 March 2020 with the intention of passing
it through all stages under urgency.
- The
purpose of the Bill is to put in place the necessary arrangements for an
effective response to COVID-19. The Bill is an omnibus
bill that amends the
following Acts:
- Education Act
1989 (to enable the Secretary of Education to exercise all or any of the powers
of a Board of Trustees, the professional
leader of a registered school, or the
manager of a private school and to issue specified binding directions to these
people).
- Epidemic
Preparedness Act 2006 (to add judges of the District Court to the list of those
that can alter the rules of court);
- Local Government
Act 2002 (to enable Civil Defence Emergency Management Groups to attend meetings
by audio link or audio-visual link);
and
- Residential
Tenancies Act 1986 (to enact rent and eviction freezes).
- We
have reviewed a draft version of the Bill (PCO 22838/4.0) and have not
identified any unjustified inconsistencies with the New
Zealand Bill of Rights
Act.
- Crown
Law has reviewed the provision of the Bill that relate to the powers of the
District Court to alter the rules of the court because,
while those amendments
are made to the Epidemic Preparedness Act, they relate to the Justice portfolio.
Crown Law has advised us
that it has not identified any unjustified
inconsistencies with the New Zealand Bill of Rights Act in those provisions.
- We
understand the Bill could be subject to further revisions and will advise you
immediately if any of these changes appear to limit
any rights of freedoms
contained in the New Zealand Bill of Rights Act.
Jeff Orr
Chief Legal Counsel
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