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ASEAN-Australia-New Zealand Free Trade Area Bill (Consistent) [2009] NZBORARp 13 (26 March 2009)

Last Updated: 28 April 2020

ASEAN-Australia-New Zealand Free Trade Area Bill

26 March 2009

Attorney-General

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: ASEAN-AUSTRALIA-NEW ZEALAND FREE TRADE AGREEMENT BILL

1. We have considered whether the ASEAN-Australia-New Zealand Free Trade Agreement Bill (PCO 13568/2.2) (“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 Legislation Committee at its meeting on Thursday, 2 April, 2009.

2. The Bill enables the Agreement Establishing the ASEAN (Association of South East Asian

Nations)-Australia-New Zealand Free Trade Area done at Cha-am, Phetchaburi, Thailand on

27 February 2009 (the “AANZFTA”) to be implemented and brought into force. This is accomplished through:

• amendments to the Tariff Act 1988 to enable the application of preferential tariff rates under the AANZFTA; and

• amendments to the Customs and Excise Act 1996 to create a system for certification bodies

to issue the necessary certificates of origin for goods exported to AANZFTA party countries.

3. We have concluded that the provisions contained in the Bill appear to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.

Jeff Orr

Chief Legal Counsel

Office of Legal Counsel

Helen Wyn General Manager Public Law

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 New Zealand-China Free Trade Agreement 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.