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Sustainable Biofuel Bill (Consistent) [2009] NZBORARp 39 (25 June 2009)

Last Updated: 28 April 2020

Sustainable Biofuel Bill

25 June 2009

Attorney-General

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: SUSTAINABLE BIOFUEL BILL

1. We have considered whether the Sustainable Biofuel Bill (‘the Bill’) is consistent with the New Zealand Bill of Rights Act 1990 (‘Bill of Rights Act’). The Bill is a Member’s Bill in the name of Jeanette Fitzsimons MP. The Bill was introduced on 18 June 2009, and is currently awaiting its first reading. It is our understanding that the next Members’ Day is scheduled for Wednesday 1 July 2009.

2. The Bill seeks to amend the Energy (Fuels, Levies, and References) Act 1989 to require that the responsible Minister must recommend the making of an Order in Council that will provide a definition of sustainable biofuels. The recommendation must be done by 1 February 2010, be consistent with the principles of sustainable biofuels in the Bill, and take into consideration the effects of biofuel production. The Bill will make it an offence to sell or supply a biofuel after 1 May

2010 unless an Order in Council has approved it as a sustainable biofuel.

3. 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

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 Taxation (Consequential Rate Alignment and Remedial Matters) 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.