Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 

NZLS opposes proposed surveillance law change

28 September 2011

NZLS opposes proposed surveillance law change

The New Zealand Law Society (NZLS) opposes enactment of the bill which would retrospectively amend the law relating to video camera surveillance.

However, the Law Society has also proposed an alternative solution, by amending section 30 of the Evidence Act 2006 to preserve the discretion of judges to allow any relevant and cogent evidence.

NZLS has released its submission on the Video Camera Surveillance (Temporary Measures) Bill, which was introduced to Parliament last night under urgency.

The submission was presented to Parliament’s Justice and Electoral committee today by NZLS Criminal Law Committee convenor Jonathan Krebs and Rule of Law Committee member Grant Illingworth QC.

In its submission, the Law Society finds the proposed law "objectionable" for a number of reasons, including the fact that it misrepresents the legal position – both as it existed before the Supreme Court decision in the recent Hamed case and as it was determined to be in that case.

The Law Society says the bill would also effectively amend the New Zealand Bill of Rights Act 1990 by over-riding and attenuating a fundamental human right, and would do so in a way that appears disproportionate to any demonstrable need without community consultation.

"If enacted under urgency, as is intended, [the bill] would lack both the degree of consultation within the community and the leve of careful deliberation by Parliament that is appropriate for a singificant constitutional amendment," the submission says.

"A pressing and demonstrable need for such a serious departure from constitutional principle has not been demonstrated."

The Law Society says the bill would also show legislative interference with the judicial process for cases currently before the courts. This is inconsistent with the rule of law and the principles upon which the rule of law is based.

While the 9-page submission provides details of why the Law Society is opposed to the bill, it also proposes a "preferred alternative". This is based on the recent Supreme Court decision where the majority ruled that some of the unlawfully obtained evidence was admissible by virtue of section 30 of the Evidence Act 2006.

"Section 30 provides a more principled means of addressing the concerns that have been raised in the current debate than does the proposed law as set out in the draft bill," the Law Society says

"If urgent legislative intervention is considered necessary, and if section 30 in its current form is thought to provide an insufficient answer to the problem, it would be more appropriate to amend section 30 than to over-ride section 21 of the New Zealand Bill of Rights Act."

The Law Society has proposed an amendment to section 30 that could be enacted on an urgent basis.

ENDS

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Full Coverage: Budget 2017

Budget 2017 will be announced from 2pm.

Scoop has compiled pre-budget information and reaction, and will update with Budget announcements, reaction and analysis once the Budget is released. More>>

 
 

Auditor-General Stands Down For Investigation: Gordon Campbell On (Not) Taking Responsibility

So Martin Matthews, our current Auditor-General wishes he could have detected “earlier” the fraud that occurred on his watch at the Ministry of Transport. Hmmm. But he could have detected it earlier, surely? That’s the point. More>>

ALSO:

NGOs Pleased: Govt To Halt Collection Of Client Data

Brenda Pilott, the chair of ComVoices and national manager of Social Service Providers Aotearoa, congratulates the government on its decision to call a halt to the collection of individual client data until the concerns of not-for-profit service providers have been worked through. More>>

ALSO:

Gosh: Blasphemy Law Repeal Struck Down

Chris Hipkins, the MP who tabled a Supplementary Order Paper to add our Blasphemy Law to the Statutes Repeal Bill, said this was a "sad day for freedom of speech, tolerance, and leadership". More>>

ALSO:

Gordon Campbell: On The Navy’s Dealings With Fat Leonard, And Twin Peaks

At an official level, our “she’ll be right” attitude routinely spills over into a keen resentment of anyone who suggests the outcomes may be less than satisfactory… The Navy has now gone one step beyond. It won’t even ask itself whether it did a good job. More>>

ALSO:

NZDF: Fifth Rotation Of Troops Heads To Iraq

The fifth rotation of New Zealand Defence Force troops left today for a six-month mission training Iraqi soldiers. More>>

ALSO:

Gordon Campbell: On The Demonising Of Iran

Will New Zealand still be willing to pursue its recent trade overtures to Iran, now that US President Donald Trump has used his speech in Riyadh to single out Iran as the main source of terrorism and instability in the Middle East? More>>

ALSO:

 
 
 
 

Opening The Election Supporters

 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

Featured InfoPages

Opening the Election