Checking human rights issues

The following mechanisms are required for checking human rights issues once proposals have reached the legislative or regulatory stage:

Human rights implications

Cabinet papers accompanying a draft bill/regulations should include a statement about any inconsistencies with the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. Specifically, the statement must state the nature of the potential inconsistencies identified, or state that there are none, and note the steps taken to address the issue, or include information on any justifications for the bill/regulations infringing a right or freedom.

Considering human rights implications when developing policy proposals

Attorney-General report

Section 7 of the New Zealand Bill of Rights Act requires the Attorney-General to bring to the attention of the House any provision in a bill that appears to be inconsistent with any of the rights and freedoms contained in the New Zealand Bill of Rights Act 1990. In the case of government bills, this must occur upon the introduction of the bill. See the section on Bill of Rights vetting.

Regulations Review Committee report

Standing Order 310 provides the Regulations Review Committee with the power to draw the attention of the House to regulations that trespass unduly on personal rights and liberties. This includes the rights and freedoms in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993.