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Transport Legislation Bill (Consistent) [2004] NZBORARp 29 (3 August 2004)

Last Updated: 19 March 2021

Transport Legislation Bill

3 August 2004

Attorney-General

Legal Advice
Consistency With The New Zealand Bill Of Rights Act 1990:
Transport Legislation Bill

1. We have considered whether the Transport Legislation Bill (the "Bill") (PCO 5957/11) is consistent with the New Zealand Bill of Rights Act 1990 (the "Bill of Rights Act"). We understand that this Bill is to be considered by the Cabinet Legislation Committee at its meeting on 5 August 2004.
2. The Bill proposes to implement changes in the Government transport sector so that it is best arranged to implement the New Zealand Transport Strategy and reflects the outcome of the Government Transport Sector Review. The Bill seeks to:
   • Merge the national land transport programme and the Safety Administration Programme;
   • Assign the policy functions currently undertaken by the Land Transport Safety Authority and Transfund to the Ministry of Transport;
   • Create a new land Crown entity with an operational mandate; and
   • Implement enhanced co-ordination arrangements for the operation of search and rescue co-ordination.
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 a copy for referral to the Minister of Transport, if you approve.

cc Minister of Justice
Minister of Transport

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 Transport Legislation 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.