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Plain Language Bill (Consistent) (Section 14) [2021] NZBORARp 65 (13 October 2021)
Last Updated: 31 October 2021
13 October 2021
LEGAL ADVICE
LPA 01 01 24
Hon David Parker, Attorney-General
Consistency with the New Zealand Bill of Rights Act 1990: Plain Language
Bill
- We
have considered whether the Plain Language Bill (the Bill), a member’s
Bill in the name of Rachel Boyack MP, is consistent
with the rights and freedoms
affirmed in the New Zealand Bill of Rights Act 1990 (the Bill of Rights
Act).
- The
Bill creates the Plain Language Act 2021 (the Act), which seeks to improve the
effectiveness and accountability of the public
service by requiring their
communications to be clear and accessible to the public.
- In
order to do so, the Act:
- requires
reporting agencies to ensure that all certain types of documents they are
responsible for (“relevant documents”)
use plain language;
- requires
those agencies to appoint individuals to the role of plain language officers to
monitor and encourage compliance with the
provisions of the
Act;
- includes
reporting requirements on compliance with the Act for those agencies and the
Public Service Commissioner.
- On
its face, the Bill appears to engage section 14 of the Bill of Rights Act.
Section 14 affirms that everyone has the right to freedom
of expression and
extends to all forms of communication that attempt to express an idea or
meaning.1
- Before
considering whether any limits on section 14 may be justified, we have first
considered whether public actors can invoke the
benefit of rights protected
under the Bill of Rights Act. Commentary suggests that this is subject to the
concepts of “practicability”
and “reasonable limits”.
For example, natural justice rights may be invoked by a public actor in a
criminal prosecution.2 In this case, where the Bill
places limits on how certain public agencies may do the work they are required
to do, it is hard to see
why the Bill engages section 14.
- In
any case, to the extent that section 14 is engaged by the Bill, we consider any
limit on this right is justified under s 5 of the
Bill of Rights Act. We note
the requirement only applies to certain public-facing documents of specified
governmental agencies, and
they have discretion about how they comply with the
requirement (subject to any guidance issued by the Public Service
Commissioner3).
1 R v Keegstra [1990] INSC 224; [1990] 3 SCR
697.
2 Andrew Butler and Petra Butler, The New Zealand
Bill of Rights Act: A Commentary 2nd Edition (online ed, LexisNexis NZ), at
[5.12.2], [5.12.3].
3 Clause 3 of the Bill.
- We
have concluded that the Bill appears to be consistent with the rights and
freedoms affirmed in the Bill of Rights Act.
Jeff Orr
Chief Legal Counsel Office of Legal Counsel
LEGAL ADVICE
LPA 01 01 24
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