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District Court (Protection of Judgment Debtors with Disabilities) Amendment Bill (Consistent) (Section 19) [2020] NZBORARp 35 (2 July 2020)
Last Updated: 30 July 2020
2 July 2020
LEGAL ADVICE
LPA 01 01 24
Hon David Parker, Attorney-General
Consistency with the New Zealand Bill of Rights Act 1990: District Court
(Protection of Judgment Debtors with Disabilities) Amendment
Bill
- We
have considered whether the District Court (Protection of Judgment Debtors with
Disabilities) 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’).
- This
is a Member’s Bill in the name of Anahila Kanongata’a-Suisuiki
MP.
- The
Bill amends the District Court Act 2016 to prohibit the seizure of goods of a
judgment debtor with a disability, where the item
proposed to be seized is
necessary for the judgment debtor’s care, support, or independence.
- Section
19(1) of the Bill of Rights Act provides that everyone has the right to freedom
from discrimination. This includes freedom
from discrimination on the grounds of
disability.1 The right to be free from discrimination
is only engaged where a person or group is treated differently based on a
prohibited ground,
and this results in a material disadvantage for the person or
group differentiated against.2
- The
different treatment provided for in the Bill will ensure people with
disabilities are not disproportionally disadvantaged by a
warrant to seize
property as part of enforcement proceedings. This measure is taken in good faith
for the purpose of ensuring people
with disabilities are able to live their
lives with dignity, and, as such, does not engage the right to be free from
discrimination.
Jeff Orr
Chief Legal Counsel Office of Legal Counsel
1 Human Rights Act 1993, s
21(1)(h).
2 Ministry of Health v Atkinson [2012] NZCA
184, [2012] 3 NZLR 456 at [109].
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