“Public submissions are now being invited on the Inquiry into Parliament’s legislative response to future national emergencies.
The closing date for submissions is Monday 1 June 2015
The purpose of this inquiry is to establish the most appropriate legislative model for enabling and facilitating response to and recovery from national emergencies once a state of emergency has been lifted, while maintaining consistency with essential constitutional principles, the rule of law, and good legislative practice. The terms of reference for the inquiry are to:
1. Consider the overarching principles governing the delegation of Parliament’s law-making powers in the context of recovery from a national emergency. 2. Propose appropriate enhancements to the framework for both primary and delegated legislation to confer the powers necessary for recovery after the lifting of a state of national emergency. 3. Consider and recommend to the House and other appropriate bodies which constitutional and other enactments (or provisions in enactments) should expressly not be modified by delegated legislation, and make recommendations accordingly. 4. Establish guiding principles for the expiry of recovery legislation, and of modifications to enactments under associated delegated legislation. 5. Examine the legitimacy of actions taken under recovery legislation once the authority to act under the legislation has expired. 6. Determine the extent and nature of the parliamentary scrutiny that would be appropriate in passing a recovery bill. 7. Propose appropriate safeguards and checks and balances on the use of powers delegated to the Executive. 8. Consider the role of the House in scrutinising delegated legislation made under a recovery Act. 9. Consider the extent of the role of the Judiciary in examining recovery legislation, and whether any limits on it might be appropriate. 10. Examine alternative models for recovery legislation used in other jurisdictions. 11. Consider lessons learned from the implementation of recovery legislation after the Canterbury earthquakes.
The committee requires 2 copies of each submission if made in writing. Those wishing to include any information of a private or personal nature in a submission should first discuss this with the clerk of the committee, as submissions are usually released to the public by the committee. Those wishing to appear before the committee to speak to their submissions should state this clearly and provide a daytime telephone contact number. To assist with administration please supply your postcode and an email address if you have one.
Further guidance on making a submission can be found from the Making a Submission to a Parliamentary Select Committee link in the `Related documents´ panel.”
Submissions can also be made on-line.