New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022

1: Title
This Act is the New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022.
2: Commencement
This Act comes into force on the day after the date of Royal assent.
1: Amendment to New Zealand Bill of Rights Act 1990
3: Amendment to New Zealand Bill of Rights Act 1990
This Part amends the New Zealand Bill of Rights Act 1990 2022-08-30 New Zealand Bill of Rights Act 1990
4: New sections 7A and 7B and cross-heading inserted
After section 7 Required actions after declarations of inconsistency
7A: Attorney-General to notify Parliament of declaration of inconsistency
1: This section applies if a declaration made by a senior court that an enactment is inconsistent with this Bill of Rights (and not made under section 92J of the Human Rights Act 1993) becomes final because—
a: no appeals, or applications for leave to appeal, against the making of the declaration are lodged in the period for lodging them; or
b: all lodged appeals, or applications for leave to appeal, against the making of the declaration are withdrawn or dismissed.
2: The Attorney-General must present to the House of Representatives, not later than the sixth sitting day of the House of Representatives after the declaration becomes final, a notice bringing the declaration to the attention of the House of Representatives.
7B: Responsible Minister to report to Parliament Government’s response to declaration
1: If a notice is presented under section 7A
2: The deadline is the end of 6 months starting on the date on which the notice is presented, or any earlier or later time—
a: specified by a resolution of the House of Representatives; or
b: otherwise determined by or on behalf of the House of Representatives, in accordance with its rules and practice.
2: Amendments to Human Rights Act 1993
5: Amendments to Human Rights Act 1993
This Part amends the Human Rights Act 1993 2022-08-30 Human Rights Act 1993
6: Section 92K amended (Effect of declaration)
1: Before section 92K(1) Effect on enactment, or act, omission, policy, or activity, concerned
2: Replace section 92K(2) and (3) Required actions after declarations of inconsistency
2: Sections 92WA and 92WB
7: New sections 92WA and 92WB and cross-heading inserted
After section 92W Required actions after declarations of inconsistency
92WA: Attorney-General to notify Parliament of declaration of inconsistency
1: This section applies if a declaration made under section 92J (by the Tribunal, or by a senior court on an appeal against a decision of the Tribunal) becomes final because—
a: no appeals, or applications for leave to appeal, against the making of the declaration are lodged in the period for lodging them; or
b: all lodged appeals, or applications for leave to appeal, against the making of the declaration are withdrawn or dismissed.
2: The Attorney-General must present to the House of Representatives, not later than the sixth sitting day of the House of Representatives after the declaration becomes final, a notice bringing the declaration to the attention of the House of Representatives.
92WB: Responsible Minister to report to Parliament Government’s response to declaration
1: If a notice is presented under section 92WA
2: The deadline is the end of 6 months starting on the date on which the notice is presented, or any earlier or later time—
a: specified by a resolution of the House of Representatives; or
b: otherwise determined by or on behalf of the House of Representatives, in accordance with its rules and practice.