Justice Centre | 19 Aitken Street
DX SX10088 | Wel ington
T 04 918 8800 |
F 04 918 8820
[email address] | www.justice.govt.nz
21 September 2021
D J Blair
[FYI request #16645 email]
Our ref: OIA 90529
Dear D J Blair
Official Information Act request: Rule of law in New Zealand
Thank you for your email of 7 September 2021 requesting, under the Official Information Act
1982 (the Act), information relating to the rule of law, the Counter-Terrorism Legislation Bill (the
Bill) and the Bil of Rights Act 1990 (BORA). I have outlined your specific requests and my
responses to each, below.
Due to recent arrests of people engaged in peaceful, lawful protest and their bail conditions
that remove their right to freedom of speech, freedom of expression and freedom to
associate, I would like to ask the questions,
1) 'Is there stil rule of law in New Zealand?'
I have interpreted this question within the context of bail conditions being imposed as you
mention in your request. Yes, there is rule of law in New Zealand. Under the Bail Act 2000, the
court may only impose bail conditions that it considers reasonably necessary to ensure that the
defendant:
a) appears in court on the date to which the defendant has been remanded
b) does not interfere with any witness or any evidence against the defendant
c) does not commit any offence while on bail.
The defendant has the right to appeal if they consider any bail condition imposed on them is
unreasonable or does not meet the statutory criteria.
Further, the legal aid system provides grants through government funding to pay for legal help for
people who cannot afford a lawyer. Access to legal aid is an important part of New Zealand’s
justice system. It ensures that people are not denied justice because they cannot pay for legal
representation. Decisions on whether to grant legal aid are made in accordance with criteria set
out in the Legal Services Act 2011 and its associated regulations.
2) 'Is the new anti-Terrorism bil before Parliament, actually designed to bring charges
against New Zealanders that use their freedom of speech to criticize government or
government policy?'
The changes to the Bil are not designed to impact on the ability of members of society to take
part in political activism or peaceful protest. The definition of 'terrorist act' in the Terrorism
Suppression Act 2002 (TSA) specifies that activities such as protest, and advocacy alone do not
form a basis to infer that such activities were undertaken with a terrorist intent. The Bil does not
change that.
In addition, Crown Law assessed the Bil 's compliance with BORA and concluded that the
amendments wil not give rise to real risk that the activities of protestors wil be criminalised under
the TSA. Crown Law's advice can be found on the Ministry's website at:
www.justice.govt.nz/assets/Documents/Publications/20210503-Counter-Terrorism-Legislation-
Bill.pdf.
3) 'Are we going to see a permanent curtailment of human rights and some radical form of
change to the Bil of Rights, so any person critical of a government agency could be
charged with incitement?'
No, we will not. However, you may be interested to know that there were six proposals in relation
to changes to the laws around incitement of hatred and discrimination. You can find further
information about this on our website here: www.justice.govt.nz/justice-sector-policy/key-
initiatives/proposals-against-incitement/.
If you are not satisfied with my response, you have the right to complain to the Ombudsman
under section 28(3) of the Act. The Ombudsman may be contacted by email at:
[email address].
Yours sincerely
Jenna Bottcher Hansen
Manager, Ministerial Relations and Services
