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Land Transport Management Amendment Bill (Consistent) [2007] NZBORARp 30 (14 September 2007)

Last Updated: 2 January 2019


14 September 2007

Attorney-General


LEGAL ADVICE

CONISISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: LAND TRANSPORT MANAGEMENT AMENDMENT BILL

1. We have considered whether the Land Transport Management Amendment Bill (the “Bill”) (PCO 8165/11), is consistent with the New Zealand Bill of Rights Act 1990. We understand that this bill will be considered with the Cabinet Business Committee on Monday the 24th of September 2007.

2. The purpose of this Bill is to enhance New Zealand’s transport planning and funding system established under the Land Transport Management Act 2003. The Bill introduces a number of changes to the present Act such as:

• reserving the Fuel Excise Duty for land transport purposes;

• providing for a Government Policy Statement to set out the

government’s planned investment and funding priorities;

• changing the planning cycle;

• introducing regional land transport programmes;

3. We have concluded that the Bill does not appear to be inconsistent with the rights and freedoms affirmed by the New Zealand Bill of Rights Act

1990.

Stuart Beresford Melanie Webb

Acting Manager Manager,

Bill of Rights/Human Rights Team Ministerial Advice

Office of Legal Counsel

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 Land Transport Management 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.


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