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Gas (Information Disclosure and Penalties) Amendment Bill (Consistent) [2000] NZBORARp 48 (29 January 2020)
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Gas (Information Disclosure and Penalties) Amendment Bill (Consistent) [2000] NZBORARp 48 (29 January 2020)
Last Updated: 19 November 2020
29 January 2020
LEGAL ADVICE
LPA 01 01 24
Hon David Parker, Attorney-General
Consistency with the New Zealand Bill of Rights Act 1990: Gas (Information
Disclosure and Penalties) Amendment Bill
- We
have considered whether the Gas (Information Disclosure and Penalties) Amendment
Bill (‘the Bill’) is consistent with
the rights and freedoms
affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights
Act’).
- We
have not yet received a final version of the Bill. This advice has been prepared
in relation to the latest version of the Bill
(PCO 21907/6.0). We will provide
you with further advice if the final version includes amendments that affect the
conclusions in
this advice.
- The
Bill amends the Gas Act 1992 (‘the principal Act’). The Bill
strengthens regulation- making powers in the principal Act to enhance
information disclosure
requirements for the gas market. The Bill also amends the
pecuniary penalty provisions for non- compliance with regulations.
- Clause
9 amends s 43F of the principal Act to include the power to make regulations for
the provision and disclosure of data and information
by any industry participant
or consumer (other than a domestic consumer) to the extent that it relates to
the gas industry. We note
that the regulations will have to be drafted in a
manner that is consistent with the Bill of Rights Act, otherwise they may be
open
to challenge for being ultra vires.1
- We
have concluded that the Bill appears to be consistent with the rights and
freedoms affirmed in the Bill of Rights Act.
Jeff Orr
Chief Legal Counsel Office of Legal Counsel
1 Drew v Attorney-General
[2001] NZCA 207; [2002] 1 NZLR 58 (CA).
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