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Building (Late Consent Is a Free Consent) Amendment Bill (Consistent) [2006] NZBORARp 23 (4 August 2006)

Last Updated: 8 January 2019

Building (Late Consent Is a Free Consent) Amendment Bill

4 August 2006 Attorney-General

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: BUILDING (LATE CONSENT IS A FREE CONSENT) AMENDMENT BILL


  1. We have considered the Building (Late Consent is a Free Consent) Amendment Bill (‘the Bill’), a Member’s Bill in the name of Hon Dr Nick Smith MP, for consistency with the New

Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). The Bill was introduced to the House of Representatives on 27 July 2006 and is currently awaiting its first reading. We understand that the next Members’ day is scheduled for 23 August 2006.


  1. The stated purpose of the Bill is to amend the Building Act 2004 to prevent a territorial authority from charging fees to building consent applicants where the territorial authority has processed the consent in breach of a statutory timeframe.
  2. We have concluded that the Bill appears to be consistent with the rights and freedoms contained in the Bill of Rights Act.
Jeff Orr
Chief Legal Counsel Office of Legal Counsel
Margaret Dugdale
Policy Manager, Bill of Rights/Human Rights Public Law Group

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 Building (Late Consent Is a Free Consent) 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.


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