A late change to health and safety legislation will allow use of so-called "secret courts" - and that should concern New Zealanders, the Law Society says.
The last-minute addition to the controversial health and safety reforms currently progressing through Parliament has alarmed the Law Society.
The changes would allow court hearings to be held in secret, in order to protect national security. The Crown could introduce secret evidence, which would not be seen by the defendant or their legal team.
The Law Society said the provisions would allow a person to be tried and convicted of a criminal offence without seeing all the evidence against them, and without the right to be present during all proceedings.
It has written to Workplace Relations and Safety Minister Michael Woodhouse to protest that the provisions should not have been inserted at such a late stage.
"We recommend removal of the provisions from the bill, to await the outcome of an inquiry the Law Commission is carrying out on national security information in proceedings," Law Society president Chris Moore said.
While the Government's advisers may have argued that there would be very few cases where handling of classified information would be needed as part of a health and safety case, the provisions had a very wide definition of "classified security information", Mr Moore said.
"The Law Society has also advised the Minister that Schedule 2A attempts to remove the power of the courts to review a determination that certain information is ‘classified security information'.
"All New Zealanders should be very worried when the powers of our courts to review any decision made by civil servants are curtailed, as could happen here."
Mr Woodhouse's office has been contacted for comment.
- NZ Herald
