Sections in papers
Human rights implications
When developing policy proposals, consideration must be given to their consistency with the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993, and comment included in the Cabinet paper. The requirements surrounding Cabinet consideration of human rights issues in the policy development and legislative processes were changed as from 1 May 2003. This section summarises the requirements.
An important aim of this requirement is to provide Ministers with relevant information on the implications of any inconsistency with the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993 arising in policy proposals before proposals reach the legislative or implementation stage. The requirement is also intended to prompt departments to consider human rights issues in terms broader than the avoidance of discrimination.
Cabinet papers should include a paragraph on the consistency of the proposals with the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993 which:
- states the nature of any potential inconsistencies identified (or states that there are none);
- notes the steps to be taken to address the issues; or
- includes information on any justifications for the policy infringing a right or a freedom.
This paragraph should be headed "Human Rights Implications" and is to be included in the latter section of the paper together with the other "compliance" and "implications" paragraphs.
It is the responsibility of each government department to make its own assessment and sign off on human rights implications in the department's area of responsibility. In carrying out this assessment, departments should, where appropriate, consult agencies with an interest or experience in human rights issues, such as the Ministry of Justice (human rights policy and legal assistance), and the Crown Law Office (legal advice).
When prearing government bills, sufficient time needs to be built into the preparation process for adequate consideration of Bill of Rights issues. For further information about New Zealand Bill of Rights Act vetting of government bills, see the CabGuide legislation section on checking human rights issues.
Gender implications
A gender implications statement is required for all papers submitted to the Cabinet Social Policy Committee (SOC).
Gender analysis is a tool to assist decision making that examines systematically and consistently how gender differences are affected by government action, and communicates that information to decision makers. The gender implications statement should say whether gender analysis has been undertaken and if not, why not. The length of the statement will vary according to the complexity of the proposed policy, the number of alternatives considered and the extent of the costs and benefits. The Ministry of Women's Affairs can advise departments on how to undertake a gender analysis. For further details of the current requirements, see the Cabinet Office circular entitled Gender Analysis: Inclusion of Gender Implications Statement in all Submissions to the Cabinet Social Equity Committe [CO (02) 2].
Disability perspective
Chief executives of public service departments should ensure that their staff are familiar with the vision, objectives and actions in the New Zealand Disability Strategy. Where appropriate, papers submitted to the Cabinet Social Policy Committee (SOC) should include a disability perspective, ie consideration of the impact of policies and proposals on disabled people. A disability perspective may also be relevant in papers submitted to other Cabinet committees and should be included in those papers as appropriate.
The New Zealand Disability Strategy provides information that is useful to determine whether a disability perspective should be included in a Cabinet committee paper. The Strategy and other relevant information can be found on the Office for Disability Issues website: http://www.odi.govt.nz/. For further advice, contact the Office for Disability Issues directly (located within the Ministry of Social Development).
