Project discussion: Flags Emblems And Names Protection Amendment
Flags, Emblems, and Names Protection (Freedom of Expression) Amendment Bill
Member's Bill
Explanatory Note
This bill amends the Flags, Emblems, and Names Protection Act 1981 to repeal the offences of defacing or dishonouring the New Zealand flag, which currently carry a penalty of a fine of up to $5,000. The law is clearly inconsistent with the affirmation of freedom of expression in the New Zealand Bill of Rights Act 1990, and the attempt to render a consistent interpretation in Hopkinson v Police resulted in the law being read down to the extent that it is now effectively a dead letter.
The bill repeals section 11, and provides that there will be no prosecutions for historic offences.
Flags, Emblems, and Names Protection (Freedom of Expression) Amendment Bill
The Parliament of New Zealand enacts as follows:
1. Title
This Act is the Flags, Emblems, and Names Protection (Freedom of Expression) Amendment Act 2009.
2. Commencement
This Act comes into force on the day after the date on which it receives the Royal Assent.
3. Purpose
The purpose of this Act is to abolish the offences of defacing and dishonouring the New Zealand flag.
4. Principal Act amended
This Act amends the Flags, Emblems, And Names Protection Act 1981.
5. Section 11 repealed
Section 11 is repealed.
6. Past offences
No person shall be liable to be convicted of an offence against section 11 of the Flags, Emblems, and Names Protection Act 1981 committed before the commencement of this Act.
Thanks, IS. That's great. Parfait!