Home | Databases | WorldLII | Search | Feedback New Zealand Bill of Rights Act Reports

Energy (Fuels, Levies and References) Biofuel Obligation Repeal Bill (Consistent) [2008] NZBORARp 48 (28 November 2008)

Last Updated: 31 March 2020

Energy (Fuels, Levies and References) Biofuel Obligation

Repeal Bill

28 November 2008

Attorney-General

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

ENERGY (FUELS, LEVIES, AND REFERENCES) BIOFUEL OBLIGATION REPEAL BILL

1. We have considered whether the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Bill (the Bill) (PCO 13514/1.3) 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. We also understand the Bill may be subject to further minor changes before it is submitted to Cabinet. We will provide you with further advice should this prove necessary.

3. The Bill repeals Part 3A of the Energy (Fuels, Levies, and References) Act 1989 as well as making consequential amendments to that Act. Part 3A, which was inserted into the Act through the Energy (Fuels, Levies, and References) Amendment Act 2008,

was intended to ensure that sustainable biofuels were supplied in New Zealand. Repealing Part 3A will remove the obligation to supply biofuels at a time of international concern about mandatory obligations, and particularly their effect on food supply and biodiversity, and research demonstrating varying greenhouse gas emission benefits.

4. 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 Energy (Fuels, Levies, and References) Biofuel Obligation 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.