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Affordable Housing (Territorial Authorities Enabling) Bill (Consistent) [2007] NZBORARp 53 (20 November 2007)

Last Updated: 5 January 2019

Affordable Housing (Territorial Authorities Enabling) Bill

20 November 2007 Attorney-General LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

AFFORDABLE HOUSING (TERRITORIAL AUTHORITIES ENABLING) BILL


  1. We have considered whether the Affordable Housing (Territorial Authorities Enabling) Bill (‘the Bill’) (PCO 8187/14) is consistent with the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). We understand that this Bill is likely to be considered by the Cabinet Legislation Committee at its meeting on 22 November 2007.
  2. This Bill enables territorial authorities to promote the provision of housing affordable to low and moderate income earners. The Bill enables territorial authorities to require that every new property development in their district, includes either:
  1. The Bill also prevents the imposition of any new restrictive covenants that exclude property from being used for affordable housing or social housing.
  2. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed by the Bill of Rights Act.
Stuart Beresford
Acting Manager
Bill of Rights/Human Rights Public Law Group
Jeff Orr
Chief Legal Counsel 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 Affordable Housing (Territorial Authorities Enabling) 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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