Home | Databases | WorldLII | Search | Feedback New Zealand Bill of Rights Act Reports

Porirua City Council (Pauatahanui Burial Ground) Bill (Consistent) [2007] NZBORARp 16 (26 June 2007)

Last Updated: 2 January 2019

Porirua City Council (Pauatahanui Burial Ground) Bill

26 June 2007

Attorney-General

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: PORIRUA CITY COUNCIL (PAUATAHANUI BURIAL GROUND) BILL

1. We have considered the Porirua City Council (Pauatahanui Burial Ground) Bill ('the Bill'), a local Bill in the name of Luamanuvao Winnie Laban MP, for consistency with the New Zealand Bill of Rights Act 1990 ('the Bill of Rights Act'). The Bill was introduced into the House of Representatives on 20 June 2007 and is currently awaiting its first reading. The Ministry understands that the next Members' Day is scheduled for Wednesday 27 June

2007.

2. The purpose of the Bill confirms the vesting of the burial ground in Porirua City Council and provides for the status, control and management of the Pauatahanui Burial Ground. It also -

• Dissolves certain trusts, established by deed in 1856, relating to the burial ground;

• Extinguishes certain interests of the Stace family in the burial ground;

• Preserves specified entitlements, including the rights of persons who have purchased before the closure of the burial ground plots of land (a) in the burial ground; and (b) in which no burial has yet been made; and
  

• Provides for the maintenance, inspection and records of the burial ground.

3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.

Melanie Webb

Manager, Ministerial Advice

Office of Legal Counsel

Margaret Dugdale

Policy Manager, Bill of Rights/Human Rights Office

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 Porirua City Council (Pauatahanui Burial Ground) 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.