Abstract:
This article discusses New Zealand's Countering Terrorist Fighters Legislation Bill, which was enacted over a period of some two weeks in late 2014. More specifically, the article assesses the government's justifications for expediting the passage of this legislation through the use of urgency. It contends that these justifications – that the government's hand was forced by a United Nations Security Council Resolution on the issue of foreign fighters, that the legislation makes minimal changes, particularly when compared to its Australian and British equivalents, and that there is provision for a sunset clause and post-enactment review – are all problematic and ultimately unconvincing. The article finishes by considering what the enactment of this legislation reveals about the separation of powers and constitutionalism in New Zealand.