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[email address] | www.justice.govt.nz
18 July 2023
John
[FYI request #23181 email]>
Our ref: OIA 105425
Tēnā koe John
Official Information Act request: International Covenant on Civil and Political Rights
Thank you for your email of 19 June 2023 in which you requested information relating to
obligations, correspondence, derogation, and remedies under the International Covenant on
Civil and Political Rights (ICCPR).
Your request has been referred to me for response, as it falls within my responsibilities as
Acting General Manager, Civil & Constitutional Policy and is being managed in accordance
with the provisions of the Official Information Act 1982 (the Act).
Your specific requests and the response to each one is set out below.
1. Over the time period between 1st of October 2019 and 1st of June 2023, has New
Zealand, the New Zealand Government, and/or the Ministry of Justice availed itself of
the right of derogation under Article 4 of International Covenant on Civil and Political
Rights?
The New Zealand Bil of Rights Act 1990 (NZBORA) is the primary mechanism by which New
Zealand has implemented the ICCPR. NZBORA provides that rights affirmed by NZBORA
may be limited if this is demonstrably justified in a free and democratic society. In line with
ICCPR, any limit on rights affirmed in NZBORA must be proportionate and no greater than
necessary to achieve an objective. If a right is limited it is necessary to demonstrate that the
objective is important enough that the limit of a right is justified. All bills introduced to
Parliament are vetted for consistency with NZBORA and reports issued. These can be viewed
at: justice.govt.nz/justice-sector-policy/constitutional-issues-and-human-rights/bil -of-rights-
compliance-reports/
2. Can all documentation and communications sent, over the time period between 1st of
October 2019 and 1st of June 2023, to other State Parties and/or the Secretary-
General of the United Nations which relate to the International Covenant on Civil and
Political Rights be released?
There are no communications between the Ministry of Justice (the Ministry) and the United
Nations which relate to the ICCPR. I must therefore refuse this part of your request under
section 18(e) as the information sought does not exist.
3. When was the Secretary-General of the United Nations, or the Human Rights
Committee formed under the International Covenant on Civil and Political Rights,
informed that the COVID-19 Public Health Response Act 2020 and/or any of that act’s
amendments or orders (including the COVID-19 Response (Vaccinations) Legislation
Act 2021) represented a situation where the New Zealand Government was not
fulfil ing its obligations under the International Covenant on Civil and Political Rights?
As no such communication exists, this part of your request is also refused under section 18(e).
However, I can advise that New Zealand reports periodically to the United Nations on the
ICCPR and the next report is yet to be scheduled. New Zealand will likely discuss the COVID-
19 response in its next report. You can find out more about this at: justice.govt.nz/justice-
sector-policy/constitutional-issues-and-human-rights/human-rights/international-human-
rights/international-covenant-on-civil-and-political-rights/
4. What domestic remedies have been invoked and effected to remedy the rights and
freedoms violated by the COVID-19 Public Health Response Act 2020 and/or any of
that act’s amendments or orders, including the COVID-19 Response (Vaccinations)
Legislation Act 2021?
In New Zealand, if a person believes their rights have been violated, they are able to bring a
claim for breach of rights under NZBORA. If a claim is successful, any outcome or any remedy
would be determined by the Courts.
5. When was the Ministry of Justice informed that the COVID-19 Public Health Response
Act 2020 and/or COVID-19 Response (Vaccinations) Legislation Act 2021 could
represent a situation where the New Zealand Government was not fulfil ing its
obligations under the International Covenant on Civil and Political Rights?
Again, no such information exists, and therefore this part of your request is also refused under
section 18(e).
However, I can advise and as noted above, NZBORA is the mechanism by which New
Zealand has primarily implemented the ICCPR. The Ministry provides advice to the At orney
General on the consistency of Bil s with NZBORA. Both the COVID-19 Public Health
Response Act 2020 and the COVID-19 Response (Vaccinations) Legislation Act 2021 were
vetted and found to be consistent with NZBORA. The reports can be found at:
• justice.govt.nz/assets/COVID-19-Public-Health-Response-Bill.pdf
• justice.govt.nz/assets/20211123-NZ-BORA-Advice-COVID-19-Vaccinations-
Legislation-Bill.pdf
6. When did the Ministry of Justice inform the Minister of Justice, Prime Minister,
Attorney-General, and/or the Minister for COVID-19 Response that the COVID-19
Public Health Response Act 2020 and/or COVID-19 Response (Vaccinations)
Legislation Act 2021 could represent a situation where the New Zealand Government
was not fulfil ing its obligations under the International Covenant on Civil and Political
Rights?
As indicated in response to question 5, the Ministry vetted both Bil s for consistency with
NZBORA and found that the limitations on rights were justified under NZBORA. NZBORA is
the mechanism by which the ICCPR is largely implemented in New Zealand. The Ministry has
not separately provided advice specifically on ICCPR.
The Ministry provides feedback to agencies on Cabinet papers, including feedback relating to
human rights considerations. The Ministry may also raise concerns with the Minister of
Justice. If the Ministry has significant concerns, then the Ministry may include a comment in
the final paper to Cabinet outlining the concerns with the proposal. Al COVID-19 Cabinet
papers are publicly available at: covid19.govt.nz/about-our-covid-19-response/proactive-
releases/
Can the Ministry of Justice provide all their correspondence and official documentation
which relates to the matters raised in the above six questions?
There is no correspondence or official documentation relating to the ICCPR and the questions
above. This part of your request is therefore refused under section 18(e) as the information
sought does not exist.
If you require any further information, please contact Media & Social Media Manager Joe
Locke at [email address].
Please note that this response, with your personal details removed, may be published on the
Ministry website at: justice.govt.nz/about/official-information-act-requests/oia-responses/.
If you are not satisfied with this response, you have the right to make a complaint to the
Ombudsman under section 28(3) of the Act. The Office of the Ombudsman may be contacted
by email to [email address] or by phone on 0800 802 602.
Nāku noa, nā
Anna Johnston
Acting General Manager, Civil & Constitutional Policy
