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Local Government (Auckland Reorganisation) Bill (Consistent) [2009] NZBORARp 29 (8 May 2009)

Last Updated: 28 April 2020

Local Government (Auckland Reorganisation) Bill

8 May 2009

Attorney-General

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: LOCAL GOVERNMENT (AUCKLAND REORGANISATION) BILL

1. We have considered whether the Local Government (Auckland Reorganisation) Bill (PCO 13702/7.0) (‘the Bill’) is consistent with the New Zealand Bill of Rights Act 1990 (‘Bill of Rights Act’). We understand that this Bill is likely to be considered by Cabinet at its meeting on Monday, 11 May 2009.

2. The Bill proposes to establish new local government arrangements for the Auckland region on and from 1 November 2010 by

• establishing a unitary authority called the “Auckland Council” to govern the

entire Auckland region

• dissolving the existing local authorities that currently govern the Auckland region, and
• providing for an Auckland Governance Transition Agency to facilitate the transition.
  

3. The Bill provides the necessary transition mechanisms to ensure that the first members of the new Auckland Council and second tier bodies (local boards) can be elected in October 2010 and that local authorities and other local government organisations in Auckland can function as normally as possible, but without prejudice to the new Auckland Council.

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 Local Government (Auckland Reorganisation) 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.