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Parliamentary Service (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Bill (Consistent) [2009] NZBORARp 22 (29 April 2009)

Last Updated: 28 April 2020

Parliamentary Service (Continuation of Interim Meaning of Funding for

Parliamentary Purposes) Bill

29 April 2009

Attorney-General

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

PARLIAMENTARY SERVICE (CONTINUATION OF INTERIM MEANING OF FUNDING FOR PARLIAMENTARY PURPOSES) BILL

1. We have considered whether the Parliamentary Service (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Bill (PCO 13706/2.1) (‘the Bill’) is consistent with the New Zealand Bill of Rights Act 1990 (‘Bill of Rights Act’). We understand that the Bill is likely to be considered by Cabinet at its meeting on Monday, 4 May 2009.

2. We also understand that the Bill might still be subject to some minor textual changes before it is submitted to Cabinet. It is unlikely that those changes will raise any issues under the Bill of Rights Act, but we will provide you with further advice should this prove necessary.

3. The Bill proposes to enact a new standard meaning for the term “funding entitlements for parliamentary purposes” in the Parliamentary Service Act 2000. The proposed meaning has the same effect as the extended meaning under section 3 of the Appropriation (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Act 2007 that will expire on 1 July 2009, with the following exceptions. The new meaning in the Bill:

• does not link to a particular financial year, as the Bill is intended to have effect over a five-year period
• excludes funding for members of Parliament to participate in the official inter- parliamentary travel programme, because this is funded from a different Vote
• includes the provision of services and resources to support certain electoral candidates at election time.
  

4. We have reached the conclusion 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 Parliamentary Service (Continuation of Interim Meaning of Funding for Parliamentary Purposes) 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.