Home | Databases | WorldLII | Search | Feedback New Zealand Bill of Rights Act Reports

Infrastructure Bill (Consistent) [2009] NZBORARp 42 (16 July 2009)

Last Updated: 28 April 2020

Infrastructure Bill

16 July 2009

ATTORNEY-GENERAL LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: INFRASTRUCTURE BILL

1. We have considered whether the Infrastructure Bill (PCO 13315/7.0) (the ‘Bill’) is consistent with the New Zealand Bill of Rights Act 1990 (‘Bill of Rights Act’). We understand that the Bill is to be considered by the Cabinet Legislation Committee on

23 July 2009.

2. The Bill makes a broad suite of amendments across several Acts to facilitate infrastructure development by removing statutory restrictions and improving the consistency of regulatory arrangements. The amendments are made through the four parts of the Bill:

• Part 1 of the Bill establishes a framework for a national code of practice to allow utility operators to access roads and railways in a way that maximises the benefits to the public while ensuring that utility operators are treated fairly. The Code also aims to ensure that disruptions caused by utility operators are kept to a minimum and

that the management by responsible bodies of access to roads and railways is consistent.

• Part 2 of the Bill amends the following six Acts to facilitate infrastructure development by ensuring greater certainty and consistency in the rights and obligations of utility operators and bodies responsible for roads and railways: Telecommunications Act 2001, Electricity Act 1992, Gas Act 1992, Government Roading Powers Act 1989, Railways Act 2005 and Local Government Act 1974.

• Part 3 of the Bill amends the New Zealand Railways Corporation Act 1981 to remove

some of the statutory restrictions that affect the running of the New Zealand

Railways Corporation’s business.

• Part 4 repeals the Affordable Housing: Enabling Territorial Authorities Act 2008 but the Bill retains the prohibition on restrictive covenants relating to social housing by inserting the prohibition into the Property Law Act 2007.

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 Infrastructure 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.