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Appropriation (Parliamentary Expenditure Validation) Bill (Consistent) [2006] NZBORARp 45 (17 October 2006)

Last Updated: 12 January 2019

Appropriation (Parliamentary Expenditure Validation) Bill

17 October 2006 Attorney-General

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: APPROPRIATION (PARLIAMENTARY EXPENDITURE VALIDATION) BILL


  1. We have considered whether the Appropriation (Parliamentary Expenditure Validation) Bill (‘the Bill’), (PCO 7339/20) is consistent with the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). We understand that this Bill will be introduced to Parliament this week.
  2. This Bill validates the costs and expenses incurred and the public money spent under Vote Parliamentary Service for the 1989/90 to 2006/07 financial years, that may have been outside of the scope or purpose of the relevant appropriation.
  3. The Bill also provides that the expenditure is deemed not to constitute a breach of the Civil List Act 1979, the Parliamentary Service Act 1985, and the Parliamentary Service Act 2000.
  4. Nothing in the Bill affects the criminal liability of any person.
  5. Clause 7 of the Bill provides an interim definition for the term "funding entitlements for parliamentary purposes" as used in the Parliamentary Service Act 2000. This definition applies only until 31 December 2007.
  6. 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 Appropriation (Parliamentary Expenditure Validation) 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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