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Reserves and Other Lands Disposal Bill (Consistent) [2008] NZBORARp 13 (23 April 2008)

Last Updated: 15 January 2019

Reserves and Other Lands Disposal Bill

23 April 2008 Attorney-General LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

Reserves and Other Lands Disposal Bill

1. We have considered whether the Reserves and Other Lands Disposal Bill (PCO 8312/7.0) ("the Bill"), is consistent with the New Zealand Bill of Rights Act 1990 ("Bill of Rights Act"). We understand the Bill is likely to be considered by the Cabinet Business Committee at its meeting on Monday, 28 April 2008.
   
2. The Bill is a "ROLD Bill," which is an omnibus Bill enacted from time to time as matters arise, in order to effect non-controversial changes to land status where:
   • a land issue requires special legislation because it cannot easily be dealt with in other legislation, such as a local Bill;
   • existing legislation requires a matter to be carried out by an Act of Parliament (e.g. exclusion of land from National Parks); or
   • earlier ROLD legislation requires amendment.
     
3. Pursuant to Standing Order 263(d), ROLD legislation may deal only with authorisations, transfers and validation of matters relating to Crown land, reserves and other land held for public or private purposes, or the amendment of old ROLD Acts. Provisions are, by convention, only included in a ROLD Bill if they are identified as non-controversial and have the consent of all parties involved.
   
4. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in 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 Reserves and Other Lands Disposal 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.