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Public Works (Offer Back and Compensation for Acquired Land) Amendment Bill (Consistent) [2007] NZBORARp 23 (9 August 2007)

Last Updated: 2 January 2019

Public Works (offer back and compensation for acquired land) amendment Bill

Public Works (offer back and compensation for acquired land) amendment Bill

9 August 2007

Attorney-General

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

PUBLIC WORKS (OFFER BACK AND COMPENSATION FOR ACQUIRED LAND) AMENDMENT BILL

1. We have considered whether the Public Works (Offer back and Compensation for Acquired Land) Amendment Bill (‘the Bill’) is consistent with the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). The Bill, a Member’s Bill in the name of Te Ururoa Flavell, was introduced on 26 July 2007, and is currently awaiting its first reading. The next Members’ Day is scheduled for Wednesday 15 August 2007.

2. This Bill is an amendment to the Public Works Act 1981 (PWA). The purpose of the Bill is, firstly, to modify the law to require that former owners of Māori or general land, acquired under the PWA, would be given the first right of refusal to purchase back that land where the Crown no longer requires it for its original purpose. Secondly, the Bill provides for Solatium payments (compensation for loss of opportunity) to the former owners of land, acquired under the PWA, which has not been used for its original purpose. Thirdly, the Bill provides that the successors of former owners would be eligible to the same rights outlined above.

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

Melanie Webb

Manager, Ministerial Advice

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 Public Works (Offer back and Compensation for Acquired Land) 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.