New Zealand Law Society - Committee to look at NZBORA inconsistency declaration powers

Committee to look at NZBORA inconsistency declaration powers

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The Speaker of the House of Representatives, Rt Hon Trevor Mallard, has referred a proposal to Parliaments Privileges Committee for a statutory basis to allow senior courts to issue declarations of inconsistency with the New Zealand Bill of Rights Act 1990 in respect of legislation.

Mr Mallard has told Parliament that the proposal is contained in a letter he has received from Attorney-General David Parker.

"The Attorney-General's letter raises matters that warrant early consideration by the House. The provision of a statutory basis for the courts to make findings of inconsistency and the way Parliament might respond to such findings would have an impact on the relationship between courts and Parliament," he said.

"The matters raised in the letter are ones that should be looked at by the Privileges Committee. It has considered the relationship between the courts and Parliament in recent years and has the power to hear evidence and formulate recommendations for the House that will provide guidance for the future."