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Climate Change Response (Emissions Trading Sector Entry) Amendment Bill (Consistent) [2009] NZBORARp 34 (26 May 2009)

Last Updated: 28 April 2020

26 May 2009

ATTORNEY-GENERAL

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: CLIMATE CHANGE RESPONSE (EMISSIONS TRADING SECTOR ENTRY)

AMENDMENT BILL

1. We have considered whether the Climate Change Response (Emissions Trading Sector Entry) Amendment Bill (PCO 13518/17.0) (‘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 Cabinet at its meeting on Tuesday, 2 June 2009.

2. The Bill amends the Climate Change Response Act 2002 to adjust certain requirements under the New Zealand Emissions Trading Scheme. Specifically, the Bill will permit changes to be made by Order in Council to timing requirements under the Act, particularly in relation to surrender obligations. The Bill will also delay the application of certain requirements pertaining to the forestry sector under the Act.

3. This advice has been prepared by the Public Law Group and the Office of Legal Counsel. 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

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 Climate Change Response (Emissions Trading Sector Entry) 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.