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Protection of Personal and Property Rights Amendment Bill (Consistent) [2006] NZBORARp 49 (14 November 2006)

Last Updated: 13 January 2019

Protection of Personal and Property Rights Amendment Bill

14 November 2006 Attorney-General

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

PROTECTION OF PERSONAL AND PROPERTY RIGHTS AMENDMENT BILL(PCO 7396/7)

Our Ref: ATT395/26

1. On Thursday 16 November 2006 the Cabinet Legislation Committee will consider the Protection of Personal and Property Rights Amendment Bill (PCO 7396/7) for approval for introduction to Parliament.
   
2. The proposed Bill amends the enduring powers of attorney ("EPA") provisions in Part 9 and Schedule 3 of the Protection of Personal and Property Rights Act 1988 ("principal Act"). The purpose of the Bill is to:
   

2.1 Strengthen the legislation (e.g. witness requirements, health practitioner certifications and obligations on an EPA to act in the "best interests of donors) so that the welfare and rights of vulnerable people are better protected;

2.2 Replace the current Enduring Powers of Attorney forms and notes in Schedule 3 of the principal Act with prescribed forms in regulations that can more easily be amended to reflect evolving practices.

3. We have considered the Protection of Personal and Property Rights Amendment Bill (PCO 7396/7) for consistency with the New Zealand Bill of Rights Act 1990 ("NZBORA") and advise that the Bill does not contain any amending provisions that are inconsistent with the NZBORA.
   

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 Protection of Personal and Property Rights 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.