MEDIA RELEASE - For immediate use, 30 May 2013

Limits imposed by new law alarming

The New Zealand Law Society has written to Attorney-General Christopher Finlayson QC to advise that it is considerably concerned with some of the aspects of the New Zealand Public Health and Disability Amendment Bill (No 2) which was passed through Parliament under urgency in one sitting day.

Law Society President Chris Moore says a section in the new law limits the right to judicial review. Although the Attorney-General correctly advised Parliament that this could not be justified under the New Zealand Bill of Rights Act 1993, the Bill was passed.

“Ousting the jurisdiction of the courts is a step Parliament should only consider in truly exceptional cases, where there is compelling reason to do so, and it should be able to be rigorously debated,” he says.

“There are constitutional implications here of which all New Zealanders should be aware. Not allowing the courts to review decisions made in exercise of a legislative function and refusing to provide reasons for rushing the legislation through is quite alien to the expectations we have of our parliamentary process.”

Mr Moore says the Law Society has written to the Attorney-General as the appropriate law officer. He says it is important to note that Mr Finlayson quite properly drew Parliament’s attention to some of the problems through his report which was required by section 7 of the New Zealand Bill of Rights Act.

“In spite of that, it is of considerable concern to the Law Society that this Bill proceeded through Parliament in a single sitting day, under urgency, and without the benefit of select committee scrutiny, public submission or informed debate. No reasons have been given as to why this was necessary.”

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