Government forging ahead with legislation the Attorney-General says breaches Bill of Rights

In trying to crack down on ram raids, the Government's ram-raided one of its own laws - and it's a pretty important one: the Bill of Rights Act. 

The Attorney-General says it breaches not one, not two, but three different fundamental rights afforded to Kiwis. But the Government's not fussed and is forging ahead. 

The Government was trying to look tough on crime in July, but apparently not tough enough on the detail.

"I've found there are issues that need to be addressed," said Attorney-General David Parker.

Parker's the Government's legal eagle and if anyone loves the minutiae of legalese, it's him.

The report said the plan to process 12 and 13-year-olds in the Youth Court breaches the right of a child. Also, taking bodily samples from 12 and 13-year-olds breaches the right to be secure against unreasonable search and seizure. And making it an aggravating factor to post offending online would breach the right to freedom of expression. 

"We'll always work to make sure the rights of the child are upheld in every way," said Justice Minister Ginny Andersen.

Just not this time around. The Justice Minister is saying thanks, but no thanks to Parker's legal opinion.

"We will proceed with it in its current form," Andersen said.

Asked if that was the case even though it breaches the Bill of Rights, Andersen replied: "That's correct."

Parker said he expected the Select Committee to address the issues. 

But that's wishful thinking given the Opposition is happy with it.

"It's always a balance but we support the Bill," said National justice spokesperson Paul Goldsmith. 

Coincidentally outside Parliament, a hikoi arrived urging MPs not to disregard the rights of children.

They delivered a petition calling on MPs to uphold basic human rights of children in care.

Among them was social worker Aaron Hendry who's not surprised by the child rights snub.

"It's feeling a little like déjà vu. Another policy that's not evidence-based, it's clearly in breach, it's clearly not legal, and it's getting pushed through again," he said.

He feels betrayed Labour has ditched a restorative justice model for a punitive one.

"I'm really disappointed. I would not have expected a policy like this from the Labour Party."

But Andersen said it's "delivering to make sure our communities are safer".