Privilege — New Zealand Bill of Rights Act—Declarations of Inconsistency

I have received a letter from the Hon David Parker setting out a proposal to provide a statutory basis for the senior courts to issue declarations of inconsistency with the New Zealand Bill of Rights Act 1990 in respect of legislation.

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.

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.

I have determined that the general question of privilege does arise in respect of this matter. The question therefore stands referred to the Privileges Committee.