Source: New Zealand Parliament – Hansard
TUESDAY, 23 AUGUST 2022
(continued on Wednesday, 24 August 2022)
NEW ZEALAND BILL OF RIGHTS (DECLARATIONS OF INCONSISTENCY) AMENDMENT BILL
Third Reading
Debate resumed.
CAMILLA BELICH (Labour): It’s a pleasure to take a call on this bill, the New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Bill. It’s an unusual bill in the sense that it has support from across the House, but I want to reflect on how significant that is. We as legislators don’t often agree on things, but one thing we do agree on in relation to this bill is the fact the fundamental human rights as outlined in the New Zealand Bill of Rights Act and in the Human Rights Act are something that need to be help in great importance. Also, when we fail to get the balance right between two different rights or when we make a mistake we need to be held to account for that, and this entire Parliament is standing here today and saying to New Zealanders what when we get it wrong, we not only want to be told that we got it wrong but we want to be given the opportunity to do something about it, and I think that reflects really well on our democracy.
As we’ve heard from other speakers, this came about through legal action that was taken in Taylor v Attorney-General. But what we’re doing here today is not only recognising the fact that the judiciary have seen it as appropriate to make declarations of inconsistency when there is an inconsistency between the New Zealand Bill of Rights Act and the Human Rights Act but actually that we accept that decision and we want to do something about it. The process has been outlined by a few speakers previous to me, but essentially it will be that the Attorney-General will make a statement in the House within six days and then it will go to a select committee and then Parliament will need to respond within six months.
Now, it doesn’t stipulate, as others have said, how we should respond, but it’s really important that we do have to respond as part of this legislation. I want to also reflect, just as I finish, on how significant this is in relation to our human rights framework, which forms part of our constitutional arrangements. We’ve heard the Attorney-General say it’s one of the most significant changes since these Acts came into effect, and I want to congratulate the House and also send a message to New Zealanders that take your human rights seriously and when we get it wrong, we want to be held to account.
ASSISTANT SPEAKER (Hon Jenny Salesa): The next call is a split call. I call Chris Penk—five minutes.
