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Rail Network Bill (Consistent) [2005] NZBORARp 4 (22 February 2005)

Last Updated: 15 September 2020

Rail Network Bill

22 February 2005

Attorney-General

LEGAL ADVICE
CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:
RAIL NETWORK BILL

1. We have considered the Rail Network Bill (the "Bill") (PCO version 6183/9) for consistency 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 Thursday, 10 March 2005.
2. The purpose of the Bill is to contribute to the aim of achieving an integrated, safe, responsive, and sustainable transport system. The Bill changes the status of the New Zealand Railways Corporation from a State-owned enterprise to a Crown entity to be known by the new name of ONTRACK. It repeals the entity’s existing legislation and carries over some provisions that are still required.
2. The Bill also provides for the entity’s new objective and functions, and some principles concerning how it must perform its functions. The functions of the new entity include:
   • operating the rail network;
   • preparing industry codes and standards; and
   • providing the Minister with advice relating to the entity’s functions.

In performing its functions the entity must act consistently with its objectives, act efficiently and effectively and operate in a financially responsible manner.

4. We consider that this Bill appears to be consistent with the Bill of Rights Act.
5. 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 agree.

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 Rail Network 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.