The Cabinet has agreed, in principle, that courts will be given the power to issue a declaration of inconsistency - a formal judicial statement that a law breaches the New Zealand Bill of Rights Act. For a start, it will give the New Zealand Bill of Rights - which as law goes is something of a toothless hound - some actual bite. Under current rules the Attorney-general has to vet each Parliamentary Bill for compliance with the Bill of Rights. Future Parliaments will hopefully draft better, more rights-consistent legislation to avoid legal challenges to their Acts via the Bill of Rights - and that the Attorney-general's reports will be given more credence. Other discrimination issues such as payments for family caregivers for adult disabled dependants, or pay equity, would likely have been challenged more strenuously on Bill of Rights grounds.
Source: Otago Daily Times March 01, 2018 16:07 UTC