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New Zealand Day Bill (Consistent) [2004] NZBORARp 9 (28 October 2004)

Last Updated: 5 January 2019

New Zealand Day Bill

28 October 2004 Attorney-General LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

New Zealand Day Bill


  1. We have considered the New Zealand Day Bill ("the Bill") for consistency 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 Peter Dunne MP.
  2. The New Zealand Day Bill seeks to rename Waitangi Day and to regularise its celebration on the Monday of any week in which 6 February falls. It also seeks to repeal the Waitangi Day Act 1976.
  3. We have come to the conclusion that this 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 Hon Peter Dunne MP, if you agree.
Roger Palairet
Acting Chief Legal Counsel
Office of Legal Counsel
Bridget Dingle Senior Legal Adviser
Bill of Rights/Human Rights Team

cc Minister of Justice Hon Peter Dunne (MP)

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 New Zealand Day 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.


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