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Carter Observatory Act Repeal Bill (Consistent) [2009] NZBORARp 14 (26 March 2009)

Last Updated: 28 April 2020

Carter Observatory Act Repeal Bill

26 March 2009

ATTORNEY-GENERAL LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

CARTER OBSERVATORY ACT REPEAL BILL

1. We have considered whether the Carter Observatory Act Repeal Bill (PCO 7952/5.0) (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 Legislation Committee on 9 April

2009.

2. This Bill terminates the statutory responsibilities of the Crown in relation to the Carter Observatory as the Observatory no longer fulfils its function as the national astronomical observatory of New Zealand, and as such, the continued operation of the Carter Observatory Board, established to manage the Observatory, is no longer necessary.

3. The Bill repeals the Carter Observatory Act 1938 which established the Carter Observatory and also dissolves the Board. The Bill provides for the transfer of the assets of the Board to the Wellington City Council and vests in the Wellington City Council the liabilities incurred by the Board on or after 20 December 2007.

4. We have concluded that the Bill appears 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 Carter Observatory Act 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.