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Student Loan Scheme (Repayment Bonus) Amendment Bill (Consistent) [2009] NZBORARp 17 (2 April 2009)

Last Updated: 28 April 2020

Student Loan Scheme (Repayment Bonus) Amendment Bill

2 April 2009

Attorney-General

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: STUDENT LOAN SCHEME (REPAYMENT BONUS) AMENDMENT BILL

1. We have considered whether the Student Loan Scheme (Repayment Bonus) Amendment Bill (PCO 13633/5.0) (‘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 Legislative Committee at its meeting on Thursday, 9 April 2009.

2. The Bill amends the Student Loan Scheme Act 1992 by providing a bonus on voluntary repayments on student loans. This is intended to encourage student loan borrowers to make additional repayments and thus pay off their student loans sooner. The bonus will be credited to borrowers’ student loan accounts where repayments to Inland Revenue in a given tax year exceed the borrower's compulsory repayment obligations by $500 or more. The bonus will be equal to 10 percent of the borrower’s total excess repayments for the relevant tax year.

3. 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 Student Loan Scheme (Repayment Bonus) Amendment 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.