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Biosecurity and Hazardous Substances and New Organisms Bill (Consistent) [2008] NZBORARp 1 (8 February 2008)

Last Updated: 13 January 2019

Biosecurity and Hazardous Substances and New Organisms Bill


8 February 2008 Attorney-General

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: BIOSECURITY AND HAZARDOUS SUBSTANCES AND NEW ORGANISMS BILL 2008


  1. We have considered whether the Biosecurity and Hazardous Substances and New Organisms Bill (the Bill) (PCO 12864/5) is consistent with the New Zealand Bill of Rights Act 1990 (Bill of Rights Act). We understand that the Bill is likely to be introduced into the House sometime during the week commencing Monday, 11 February 2008.
  2. The Bill seeks to amend the Biosecurity Act 1993 and the Hazardous Substances and New Organisms Act 1996 to resolve an issue about the roles of these two Acts in managing risks to New Zealand from incidentally imported new organisms. The Bill will clarify that:
  1. We have concluded that the Bill does not appear to be inconsistent with the rights and freedoms affirmed by the Bill of Rights Act.
Jeff Orr
Chief Legal Counsel Office of Legal Counsel
Stuart Beresford
Manager, Bill of Rights/Human Rights Public Law Group

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 Biosecurity and Hazardous Substances and New Organisms Bill 2008. 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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