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

Gordon Campbell:
On The Inquiry Into One Case Of Dirty Politics

Suddenly, we’re awash in inquiries and reviews. (It feels almost as if the Greens won the last election.) Caught out by the damning inquiry by SIS Inspector-General Cheryl Gwyn, the government’s response yesterday was utterly in character – it released two other major reports at the same time to try and distract public attention...

Inquiries are supposed to re-assure the public. What these inquiry outcomes share in common is a government culture of zero responsibility. More>>

IGIS: Statement On Early Report Release

As the Inspector-General stated at the release of the report yesterday morning, she is examining what steps to take over the early disclosure of information from the report... Ms Gwyn said that she was aware of Mr Goff's subsequent statements that he had disclosed some information concerning findings in the report. She will be seeking further information from Mr Goff and others. More>>

ALSO:

IGIS ON SIS:

 
 

Parliament Today:

Temporary Release Crackdown Continues: Corrections Review Of Phillip Smith Case

“The review by Corrections’ Chief Custodial Officer reveals that the plan for Smith’s series of temporary releases was overly ambitious and misinformed. He’s a highly manipulative and deceptive person who although technically eligible, should not have been considered for temporary release." More>>

ALSO:

White Ribbon Day: Govt Resumes Sexual Violence Trial Proceedings Work

Justice Minister Amy Adams has asked the Law Commission to resume work on proposals for better supporting victims of sexual violence through the criminal process. The Law Commission will revisit its previous work on alternative pre-trial and trial processes to identify options for improving complainants’ experience in court. More>>

ALSO:

"New Faces, Wise Heads": Andrew Little Announces New Labour Line Up

Labour Leader Andrew Little today announced a bold new caucus line up which brings forward new talent and draws on the party’s depth of experience. More>>

ALSO:

Gordon Campbell: On Rick Ellis As Te Papa’s New CEO

The recent appointment of former TVNZ boss Rick Ellis to head Te Papa has copped a fair bit of criticism. Much of it has been inspired by the suspicion that Ellis has been hired to pursue the same purely commercial goals as he did at TVNZ, while similarly neglecting the serious cultural side of his mandate. More>>

Passport Cancellation, Surveillance: Draft 'Foreign Fighters Legislation' Released

The final draft of the Countering Terrorist Fighters Legislation Bill contains proposals previously announced by Mr Key in a major national security speech earlier this month. More>>

ALSO:

Related

Joint Statement: Establishment Of NZ-China Strategic Partnership

At the invitation of Governor-General Lt Gen The Rt Hon Sir Jerry Mateparae and Prime Minister The Rt Hon John Key of New Zealand, President Xi Jinping of the People’s Republic of China made a state visit to New Zealand from 19 to 21 November 2014... More>>

ALSO:

Savings Targets: Health Procurement Plan Changes Direction

Next steps in implementing DHB shared services programme Health Minister Jonathan Coleman says the Government has agreed to explore a proposal put forward by DHBs to move implementation of the shared services programme to a DHB-owned vehicle. More>>

ALSO:

More on Health Policy:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news