Current Submissions

  • Submission: Video Camera Surveillance Bill

    1.0 Introduction

    The New Zealand Council for Civil Liberties (NZCCL) presents our submission in relation to this Bill, and I make this submission on behalf of the Council.

    This Bill has been introduced as a matter of urgency following the decision of the Supreme Court in Hamed & Ors v R [2011] NZSC 101, which held that the covert video camera surveillance undertaken by the New Zealand Police in this instance was unlawful.

    Concern has been expressed that there are a further total of some 90 additional operations that are either in progress or are before the Courts where similar covert video camera surveillance has been undertaken, and there is uncertainty as to the degree of acceptability of evidence obtained in that manner.

     

    2.0 Issues for Consideration

    NZCCL has identified 4 issues that merit comment -

    1. the assumption that S.21 of the Bill of Rights Act 1990 can be over-ridden with impunity;
    2. the assumption that the Police, who are responsible for upholding the law, can operate outside the law without express authority, and without any awareness on the part of the public; 
    3. the need for extreme urgency; and
    4. by proposing legislation with retrospective application, there is a reduction in the integrity of the process and, by implication, of those who endorse that legislation.

     

  • Submission on Credit Reporting Privacy Code Amendment No 5

    This submission, from the New Zealand Council for Civil Liberties (NZCCL), concerns the addition of further powers to credit rating agencies proposed in Amendment 5 of the Credit Reporting Privacy Code 2004. Together with Amendment 4 this amendment brings the New Zealand Privacy Code in line with that of Australia. They are designed to provide the credit rating agencies with 'positive' data relating to people's financial transaction history, rather than the 'negative' reporting of the past, which related only to a person's debt history, where the debt had been referrred to a collection agency.

    Amendment #5 in effect gives the credit rating agencies the right to collect personal transaction data relating to payment for utilities such as power and telecommunications, as well as credit card transactions, for a period of two years. This data can show not only where a person is in arrears in payments but also where they have a positive payment record.

    While the inclusion of 'good' debt management as well as 'bad' debt management is an improvement on data that shows only a history of defaults on payment, NZCCL is concerned that such information can lead to a detailed but inaccurate picture of a person's financial position, and can also be used by debt agencies to target vulnerable people with instruments that can lead to increased debt and financial hardship.

  • Submission: Sentencing (Aggravating Factors) Bill

    Oral submission to the Law and Order Select Committee in respect of the Sentencing (Aggravating Factors) Amendment Bill.

    From the Bill: "The purpose of this Bill is to ensure that the fact that an offence was committed against a Police officer or prison officer acting in the course of his or her duty is taken into account as an aggravating factor at sentencing."

  • Submissions on the Criminal Procedure Reform Bill

    Tony Ellis has made a submission on the Criminal Procedure (Reform and Modernisation) Bill, raising some issues with the way that the courts treat the intellectually disabled. The full text of Tony Ellis's submission is attached to this article.

    Tech Liberty also made a submission about this Bill with a focus on the issues around name suppression. Of particular concern was the provisions around making internet service providers liable for the actions of their users. Read their written and oral submissions.

     

     

  • NZCCL Oral Submission on Electoral Disqualification

    Oral submission to the Law and Order Select Committee in respect of the Electoral (Disqualification of Convicted Prisoners) Amendment Bill

  • NZCCL on Electoral Disqualification

    New Zealand Council for Civil Liberties submission about the Electoral (Disqualification of Convicted Prisoners) Amendment Bill. Current law says that prisoners given a sentence of longer than 3 years cannot vote. This bill extends that to all prisoners.

    The Council opposes this change and recommends that this provision should be removed from the law, not extended.

  • Tony Ellis on Electoral Disqualification Bill

    Tony Ellis, Barrister, has made a submission about the Electoral (Disqualification of Convicted Prisoners) Amendment Bill. Currently prisoners sentenced to longer than 3 years cannot vote. This bill extends that to all prisoners.

    Tony Ellis's submission opposes the change and quotes supporting material from the International Covenant on Civil and Political Rights and the European Court of Human Rights. 

    The full submission is attached.

  • Tech Liberty on Copyright/Filesharing

    Tech Liberty has made a submission on the Copyright (Infringing File Sharing) Amendment Bill.

    This is the replacement for the earlier s92A of the Copyright Bill. The original version was flawed on a number of grounds and highly offensive to civil liberties with its lack of due process ("guilt upon accusation") and intrusions into privacy.

    The new bill is significantly better but Tech Liberty remains concerned that internet disconnection continues as a possible punishment.

    Read the full text of the submission. 

  • Proposal to amend Wellington City Council Liquor Control Bylaw - oral

    Following on from the written submission, the New Zealand Council of Civil Liberties made an oral submission to the Wellington City Council about their intention to impose a city-wide ban on the consumption of liquor in any public places.

  • Proposal to amend Wellington City Council Liquor Control Bylaw - written

    The New Zealand Council of Civil Liberties made a written submission to the Wellington City Council about their intention to impose a city-wide ban on the consumption of liquor in any public places. Of particular concern was that this would give the Police the power to search any vehicle or container in the city without need of a warrant. 

  • Three Strikes - Sentencing and Parole Bill

    The New Zealand Council for Civil Liberties was invited to make a further written submission on the Sentencing and Parole Reform Bill, also known as the "Three Strikes Law".

  • Review of Legal Aid

    NZCCL raises its concerns with the Ministry of Justice's Legal Aid Review.

  • Search and Surveillance Bill

    The Search and Surveillance Bill has very few measures to protect people’s civil liberties and human rights.

  • Sentencing and Parole Reform Bill 2009

    In its submission, NZCCL indicates that the Bill breaches the 1990 Bill of Rights Act, as well as the International Covenant on Civil and Political Rights.

  • Policing Bill

    A submission by Tony Ellis on 28 March 2008 to the Law and Order Committee on the Policing Bill.

  • Reforming the Law of Sedition

    The Labour government repealed the sedition law in 2007 after recommendations of the Law Society.

  • Judicature Amendment (No 3)

    In its 2005 submission supporting the increase in the number of Appeal Court judges the NZCCL provides examples of delays in hearings, short cuts in judgements and the costs of using seconded judges. The Judicature Amendment Act (No 3) was passed in 2005.

  • Prisoners’ and Victim’s Claims Bill

    In its 2005 submission on the Prisoners’ and Victims’ Claims Bill. NZCCL urged that the unprincipled Bill be withdrawn in its entirety, as it is in breach of the Bill of Rights Act and the Human Rights Act, and it puts our international reputation in jeopardy.

  • Customs Act Forfeiture and Seizure Powers

    NZCCL argued in this 2005 submission that the proposed rights of customs to apply seizure and forfeiture powers to goods even without proof of guilt is in breach of fundamental constitutional statutes, including the Bill of Rights 1688, and the Magna Carta, which still have legal applicability in New Zealand. The rights are also made explicit in Universal Declaration of Human Rights, the US Constitution and many other statutes including the New Zealand Bill of Rights. “…..

  • Judicial Matters Bill

    A submission by Tony Ellis on 20 November 2003 to the Justice and Electoral Committee on the Judicial Matters Bill, which was enacted as the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004.

  • Terrorism (Bombing and Financing) Bill

    The NZCCL Submission to the Foreign Affairs, Defence And Trade Select Committee recommended the withdrawal of all the amendments to the Terrorism (Bombing and Financing) Bill.

  • Sentencing and Parole Reform Bill 2001

    A submission by Tony Ellis on 9 November 2001 to the Justice and Electoral Committee on the reforming the Sentencing and Parole Reform Bill.