NZLII Home | Databases | WorldLII | Search | Feedback

New Zealand Bill of Rights Act Reports

You are here:  NZLII >> Databases >> New Zealand Bill of Rights Act Reports >> 2006 >> [2006] NZBORARp 31

Database Search | Name Search | Recent Documents | Noteup | LawCite | Download | Help

Minimum Wage and Remuneration Amendment Bill (Consistent) (Sections 6, 19) [2006] NZBORARp 31 (16 August 2006)

Last Updated: 11 January 2019

Minimum Wage and Remuneration Amendment Bill


16 August 2006 Attorney-General

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: MINIMUM WAGE AND REMUNERATION AMENDMENT BILL


  1. We have considered the Minimum Wage and Remuneration Amendment Bill (‘the Bill’), a Member’s Bill in the name of Darien Fenton MP, for consistency with the New Zealand Bill of Rights Act 1990. The Bill was introduced to the House of Representatives on 27 July 2006 and is currently awaiting its first reading. The next Members’ Day is scheduled for 23 August 2006.
  2. We have concluded that the Bill appears to be consistent with the New Zealand Bill of Rights Act 1990 (the "Bill of Rights Act").
  3. The purpose of the Bill is to amend the Minimum Wage Act 1983 in order to extend its provisions to apply to payments under a contract for services that are remunerated at below the minimum wage. Currently certain types of work, such as pamphlet deliveries, are not subject to any minimum wage requirements because remuneration is paid under a contract for services. The Bill provides for such contractors to be paid not less than a minimum rate, equivalent to the minimum wage.
  4. The Bill proposes to amend the Minimum Wage Act 1983 to:
  1. Clause 7 of the Bill proposes to insert a section 4A(1) that provides for a power of the Governor-General to prescribe minimum rates of remuneration payable to any person working under a contract for services. According to the proposed section 4A(2), regulations made under this new regulatory power may define minimum rates of remuneration, inter alia, by reference to the age of the person performing the services. We are of the view that this provision does not authorise the Governor-General to make orders that discriminate on the ground of age in a way that is prohibited by the Bill of Rights Act or the Human Rights Act 1993.
  2. Section 6 of the Bill of Rights Act requires that wherever an enactment can be given a meaning that is consistent with the rights and freedoms contained in the Bill of Rights Act, that meaning must be preferred to any other meaning. Therefore, section 4A(2) of the Bill would be interpreted as only authorising the making of orders that are consistent with the Bill of Rights Act.
  3. In accordance with your instructions we attach a copy of this opinion for referral to the Minister of Justice. Copies are also attached for referral to the Minister of Labour, and Darien Fenton MP, if you agree.
Jeff Orr
Chief Legal Counsel Office of Legal Counsel
Margaret Dugdale
Policy Manager
Bill of Rights/Human Rights Team

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 Minimum Wage and Remuneration 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.


NZLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.nzlii.org/nz/other/NZBORARp/2006/31.html