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Overseas Investment (Queen's Chain Extension) Amendment Bill (Consistent) [2004] NZBORARp 24 (21 July 2004)

Last Updated: 19 March 2021

OVERSEAS INVESTMENT (QUEEN'S CHAIN EXTENSION) AMENDMENT BILL

21 July 2004

Attorney-General

LEGAL ADVICE
CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:
OVERSEAS INVESTMENT (QUEEN'S CHAIN EXTENSION) AMENDMENT BILL

1. We have considered whether the Overseas Investment (Queen’s Chain Extension) Amendment Bill (the "Bill") is consistent with the New Zealand Bill of Rights Act 1990 (the "Bill of Rights Act"). The Bill is a Member’s Bill in the name of Hon Dr Nick Smith. The Bill was introduced on 24 June 2004, and is currently awaiting its first reading. The next Members’ Day is scheduled for 28 July 2004.
2. The stated objective of the Bill is to preserve and enhance public access to the coastline and waterways. To this end, the Bill amends the Overseas Investment Act 1973 so that when an overseas person seeks consent to purchase land adjacent to the coastline or any waterway, and there is no public access to that waterway, the Overseas Investment Commission must notify the territorial local authority. The territorial local authority has 20 working days to consider whether it is in the public interest for an area of the land to be set aside for public purposes. A landowner would be compensated for any land that is required for an esplanade strip or reserve.
3. We have concluded that the Bill appears to be consistent with the Bill of Rights Act.
4. In accordance with your instructions, we attach a copy of this opinion for referral to the Minister of Justice. We also attach copies for referral to the Minister of Finance, Minister for Land Information, and Hon Dr Nick Smith, if you approve.

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 Overseas Investment (Queen’s Chain Extension) Amendment Bill. 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.