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Injury Prevention, Rehabilitation and Compensation Amendment Bill 2003 (Consistent) [2003] NZBORARp 15 (1 April 2003)

Last Updated: 4 November 2020

Injury Prevention, Rehabilitation and Compensation Amendment Bill 2003

1 April 2003

Attorney-General

LEGAL ADVICE
Consistency With The New Zealand Bill Of Rights Act 1990:
Injury Prevention, Rehabilitation and Compensation Amendment Bill 2003

  1. We have considered whether the Injury Prevention, Rehabilitation, and Compensation Amendment Bill 2003 (PCO 5078/4) is consistent with the New Zealand Bill of Rights Act 1990. We understand that this Bill is to be considered by the Cabinet Legislation Committee on Thursday 3 April 2003. A Cabinet Legislation Committee version of the Bill was provided to the Ministry of Justice on Monday 31 March 2003. We understand that the Bill needs to proceed urgently to ensure the levy is in place by 1 July 2003.
  2. We have concluded that the provisions of the Bill do not appear to be inconsistent with the New Zealand Bill of Rights Act 1990.
  3. The Bill would amend the Injury Prevention, Rehabilitation, and Compensation Act 2001, and make some consequential amendments the Customs and Excise Act 1996. These amendments:
    1. establish a stand-alone levy as a source of funds for the motor vehicle account in place of the current arrangement of transferring a portion of excise duty or excise-equivalent duty on motor spirits; and
    2. provide for the rate of the levy.
  4. In accordance with your instructions we attach a copy of this opinion for referral to the Minister of Justice. A copy is also attached for referral to the Minister for ACC, if you agree.

Stuart Beresford
Senior Adviser
Public Law Group
Allison Bennett
Principal Adviser
Office of Legal Counsel

CC: Minister of Justice
Minister for ACC

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Injury Prevention, Rehabilitation, and Compensation Amendment Bill 2003. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.



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