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Electricity (Renewable Preference) Repeal Bill (Consistent) [2008] NZBORARp 47 (26 November 2008)

Last Updated: 31 March 2020

Electricity (Renewable Preference) Repeal Bill

26 November 2008

Attorney-General

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: ELECTRICITY (RENEWABLE PREFERENCE) REPEAL BILL

1. We have considered whether the Electricity (Renewable Preference) Repeal Bill (the Bill) (PCO 13495/4.0) is consistent with the New Zealand Bill of Rights Act 1990 (the Bill of Rights Act). We understand that this Bill will be considered by Cabinet on 1

December 2008.

2. The Bill will repeal Part 6A of the Electricity Act 1992, as well as make consequential amendments to that Act. Part 6A, which was inserted into the Act through the Electricity (Renewable Preference) Amendment Act 2008, was intended to create a preference for renewable electricity generation by way of a 10-year restriction on new baseload fossil-fuelled thermal electricity generation capacity. By ending the restriction, the Bill will remove a barrier to investment in new baseload fossil-fuelled thermal energy generation plant.

3. We have concluded that the Bill does not appear to be inconsistent with the rights and freedoms affirmed by the Bill of Rights Act.

Veronica Jacobsen Acting General Manager Public Law

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 Electricity (Renewable Preference) Repeal 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.