Legislation managing people returned to New Zealand after conviction overseas may contravene the prohibition against retroactive penalties and double jeopardy in the New Zealand Bill of Rights Act 1990, the New Zealand Law Society says.
The Law Society has made a submission to the Justice select committee which is reviewing the Returning Offenders (Management and Information) Act 2015. The submission urges public consultation and raises concerns about the appropriateness of the regime established by the Act.
“The legislation may apply retroactively. The Act applies to convictions in respect of offending which occurred before the Act was passed,” the Law Society says.
“Moreover, an order under the Act may have an element of double jeopardy or additional punishment.”
This would be a contravention of the prohibition against retroactive penalties and double jeopardy set out in section 26 of the New Zealand Bill of Rights Act.