Counter-Terrorism Legislation Bill 25/06/2021

The Bill’s explanatory note states the amendments “are part of the Government’s initial response to the Report of the Royal Commission of Inquiry into the Terrorist Attack on Christchurch Mosques on 15 March 2019” by implementing part of recommendation 18 of that report. [...] In its advice to the Attorney-General, the Crown Law Office analysed the consistency of this amendment with the right in section 26(2) of the NZBORA.6 It concluded that the Bill does not limit this right.7 2.10. [...] The Law Society considers that, contrary to the conclusion reached by Crown Law, the Bill authorises the imposition of control orders which breach section 26(2) of the NZBORA and cannot be justified under section 5 of the NZBORA. [...] The Law Society considers that the creation of any new criminal offence requires the existence of a clear and demonstrable need for the offence, together with appropriate drafting to ensure that the offence is tailored to its purpose and is not overbroad.15 3.11. [...] The Law Society recommends the Committee carefully considers whether the new section 13AA offence is, in fact, necessary given the offence of providing material support in section 8 of the TSA and, if so, clarify the drafting of the offence.