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Customs and Excise Amendment Bill (No 3 (Consistent) (Section 19(1)) [2007] NZBORARp 54 (21 November 2007)

Last Updated: 5 January 2019

Customs and Excise Amendment Bill (No 3)

21 November 2007 Attorney-General LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

CUSTOMS AND EXCISE AMENDMENT BILL (NO 3)

1. We have considered whether the Customs and Excise Amendment Bill (No 3) (the "Bill") (PCO 8240/9) is consistent with the New Zealand Bill of Rights Act 1990 ("Bill of Rights Act"). We understand that the Bill will be considered by the Cabinet Legislation Committee at its meeting on Thursday, 22 November 2007.
   
2. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.
   
3. The Bill seeks to amend the Customs and Excise Act 1996 (the "Act") to:
   

• enhance statutory appeal and review rights in relation to the forfeiture and seizure regime contained in Part XIV of the Act;
  
• provide greater flexibility for Customs to deal with ad-hoc arrivals and departures; and
  
• remedy legislative inconsistencies relating to the illegal manufacture of tobacco.
  

4. Clause 14 of the Bill (Regulations) seeks to amend section 286 of the Act to ensure that regulations exempting the manufacturing and processing of goods from the requirement that it take place in a Customs controlled area can be made subject to extensive conditions. Under new section 286(1A)(d), these could include conditions limiting the age of any person involved in the manufacture or use of the goods. The making of regulations that distinguish between people on the basis of age may, depending on the nature of those resulting regulations, give rise to an issue of discrimination under section 19(1) of the Bill of Rights Act.
   
5. Section 6 of the Bill of Rights Act requires that wherever an enactment can be given a meaning that is consistent with the rights and freedoms contained in the Bill of Rights Act, that meaning must be preferred to any other meaning. We are, therefore, of the view that new section 286(1A)(d) would be interpreted as authorising the making of regulations that are consistent with the Bill of Rights Act.
   

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 Customs and Excise Amendment 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.