Video Camera Surveillance (Temporary Measures) Bill

Chief Human Rights Commissioner David Rutherford says, “We all have an interest in the human rights issues raised by this Bill. We think the current law adequately addresses the current cases and investigations. However we understand the desire to change the law going forward.”

The Commission’s view is that:

  • Retrospective legislation offends a basic principle of justice.
  • There is a need to consider the likelihood of the lawyers of the defendants affected using the processes under the Optional Protocol of International Convention on Economic, Civil and Political Rights ratified by New Zealand.
  • A series of such cases could damage New Zealand’s reputation as a leader in human rights.
  • It is unnecessary to legislate retrospectively because the Evidence Act would allow the court discretion whether to allow in evidence in cases of serious criminal offending.
  • Amending legislation needs to be measured and considered and alternatives could include amendment to the Crimes Act and the Misuse of Drugs Act or the new Surveillance Bill.

Mr Rutherford was appearing before the Justice and Electoral Select Committee considering the Bill in Parliament today.

Read the Human Rights Commission’s Video Camera Surveillance (Temporary Measures) Bill submission (Word 50Kb).

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