June 2018 e-bulletin

National update: policy and legislation

Update on the new Parliament

The new Parliament has reinstated most of the bills introduced by its predecessor, according urgency to three. Two of these reflect Labour policy: the Families Package (Income Tax and Benefits) Bill, the Parental Leave and Employment Protection Amendment Bill. The Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act - also a Labour measure -became law on 9 April 2018. The aim of the Act is to reduce prejudice and stigma arising from a conviction for a historical homosexual offence by enabling an eligible person to apply for expungement of the conviction if the Secretary of Justice decides, on the balance of probabilities, that the conviction meets the test for expungement. Namely it would not be an offence under today’s law.

Child Poverty Reduction Bill

The Bill is designed to encourage a focus on child poverty reduction, facilitate political accountability against published targets, require transparent reporting on child poverty levels and create a greater commitment by Government to address child well being.    

Equal Pay Legislation

The new government reconvened the Joint Working Group on Pay Equity Principles as a step towards establishing pay equity for New Zealand women.  It is hoped that new legislation will be introduced by the middle of the year.  

Protected Disclosures legislation review

The Act is designed to promote the public interest by facilitating the disclosure and investigation of serious wrongdoing in the workplace, by providing protection for individuals who report concerns. Special victimisation provisions are in the Human Rights Act 1993.

Privacy Bill

It repeals and replaces the Privacy Act 1993, as recommended in the Law Commission's 2011 review. Its key purpose is to promote people's confidence that their personal information is secure and will be treated properly.

Bill of Rights

The Government has indicated that it proposes amending the New Zealand Bill of Rights 1990 to allow the country's senior courts to make a declaration of inconsistency recommending to Parliament that it should review and reconsider whether a law contravenes the Bill of Rights.

Inquiry into Mental Health and Addiction

The Government has announced details of the Inquiry into Mental Health and Addiction. The Inquiry will be chaired by former Health and Disability Commissioner, Professor Ron Paterson, and is to report back to Government by the end of October.

Royal Commission of Inquiry into the historical abuse of children in state care

As noted in our last bulletin the Government has announced a Commission into the abuse of children in state care will focus on the victims, including any systemic bias based on race, gender or sexual orientation, but it will not compensate individual victims. Former Governor-General, Rt Hon Sir Anand Satyanand, will chair the Commission and Mervin Singham has been appointed Executive Director.

International update

Examination on New Zealand’s performance under ICESCR

The New Zealand Government submitted their report to the ICESCR Committee in May 2017. The examination was scheduled for March 2018. 

List of Issues – CRPD

The Committee on the Rights of Persons with Disabilities has released the list of issues for New Zealand which will form the basis of the examination that is likely to take place in 2019.

Recent cases

Dotcom v Crown Law Office [2018] NZHRRT 7

This case examines the right to information

Wall v Fairfax New Zealand Ltd [2018] NZHC 104

This case examines the right to freedom of expression and when expression amounts to exciting racial disharmony

Chamberlain v Minister of Health [2017] NZHC 1821, [2017] NZAR 1271 [HC judgement]; Chamberlain v Minister of Health [2018] NZCA 8

This case examines the right of families to equal treatment when caring for their disabled relatives

Chief Executive of the Department of Corrections v Shane Aaron Gardiner [2017] NZCA

This case examines the right to liberty & freedom from unlawful detention

Attorney-General on Behalf of the Department of Corrections v Smith [2018] NZCA 24

This case examines the right to freedom of expression

Rudi Hartono and Ors v Ministry for Primary Industries [2018] NZSC 17

This case examines the right to claim unpaid wages