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Alcohol Advisory Council Amendment Bill (Consistent) [2007] NZBORARp 58 (30 November 2007)

Last Updated: 5 January 2019

Alcohol Advisory Council Amendment Bill

30 November 2007

Attorney-General LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: ALCOHOL ADVISORY COUNCIL AMENDMENT BILL


  1. We have considered whether the Alcohol Advisory Council Amendment Bill (PCO 8265/9) ('the Bill') is consistent with the New Zealand Bill of Rights Act 1990 ('Bill of Rights Act'). We understand that this Bill is likely to be considered by the Cabinet Legislation Committee at its meeting on Thursday 6 December 2007.
  2. The purpose of this Bill is to simplify the current mechanisms for setting the Alcohol Advisory Council ('ALAC') levy. The Bill proposes to calculate the ALAC levy for each product according to a system using alcohol classification bands, similar to the approach used by the New Zealand Custom Service to collect alcohol excise and excise-equivalent duty. The proposed regime is up-to-date and simple to calculate. It is also future proofed against the emergence of new types of beverages that would not easily fit into any liquor class in the current system.
  3. The Bill amends the Alcohol Advisory Council Act 1976.
  4. We have reached the conclusion that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.
Jeff Orr
Chief Legal Counsel Office of Legal Counsel
Stuart Beresford Acting Manager
Human Rights/Bill of 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 Alcohol Advisory Council 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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