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Electoral (Integrity Repeal) Amendment Bill (Consistent) [2020] NZBORARp 40 (21 July 2020)

Last Updated: 7 August 2020

21 July 2020

LEGAL ADVICE

LPA 01 01 24

Hon David Parker, Attorney-General

Consistency with the New Zealand Bill of Rights Act 1990: Electoral (Integrity Repeal) Amendment Bill

1. We have considered whether the Electoral (Integrity Repeal) Amendment Bill (‘the Bill’), a member’s Bill in the name of Rt Hon David Carter, 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 reverses the changes made to the Electoral Act 1993 by the Electoral (Integrity) Amendment Act 2018.
3. The Electoral (Integrity) Amendment Act 2018 amended the Electoral Act 1993 by inserting ss 55AAB – 55E into that Act. Specifically, the amendments allow the seat of a member of Parliament (MP) to be declared vacant where that MP ceases to be a member of the political party for which they were elected.
4. 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