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Subordinate Legislation (Confirmation and Validation) Bill (No 3) (Consistent) [2007] NZBORARp 34 (9 October 2007)

Last Updated: 2 January 2019

9 October 2007

ATTORNEY-GENERAL

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: Subordinate Legislation (Confirmation and Validation) Bill (No 3)

1. We have considered whether the Subordinate Legislation (Confirmation and Validation) Bill (No 3) 2007 (PCO 8232/2) (“the Bill”) is consistent with the New Zealand Bill of Rights Act 1990 (the “Bill of Rights Act”). We understand that the Bill is likely to be considered by the Cabinet Legislation Committee at its meeting on Thursday, 20 October 2007.

2. We have concluded that the Bill appears to be consistent with the Bill of Rights

Act.

3. The Bill confirms and validates certain subordinate legislation made under Acts that provide that subordinate legislation lapses after a specified time unless confirmed or validated by an Act of Parliament, and repeals the Subordinate Legislation (Confirmation and Validation) Act 2006 (2006 No 80).

4. We note that clause 4 of the Bill expressly provides that validation of subordinate legislation under this Bill is for the purpose of preventing the expiry of the subordinate legislation only, and does not cure any invalidity or otherwise give legislative force to those provisions.

5. For the purposes of this advice, we have not considered the validity of the subordinate legislation itself or its consistency with the Bill of Rights Act.

Melanie Webb

Manager

_{Office of Legal Counsel}

Stuart Beresford
Acting Manager
_{Bill of Rights/Human Rights Team}

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 Subordinate Legislation (Confirmation and Validation) Bill (No 3). 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.