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Dairy Industry Restructuring (Raw Milk Pricing Methods) Bill (Consistent) [2009] NZBORARp 67 (28 October 2009)

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Dairy Industry Restructuring (Raw Milk Pricing Methods) Bill (Consistent) [2009] NZBORARp 67 (28 October 2009)

Last Updated: 28 April 2020

28 October 2009


ATTORNEY-GENERAL


LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: DAIRY INDUSTRY RESTRUCTURING (RAW MILK PRICING METHODS) BILL


1. We have considered whether the Dairy Industry Restructuring (Raw Milk Pricing Methods) Bill (‘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 introduced into the House of Representatives this week. We received a copy of the Bill this morning and have, therefore, prepared this advice as a matter of urgency.


2. The Bill amends the Dairy Industry Restructuring Act 2001. The Bill enables regulations to be made to replace the current wholesale milk price formula with the Fonterra farm gate milk price plus seasonal margin of ten cents per kilogram of milksolids. The Bill also provides for regulations to allow for raw milk to be allocated through an auction system to be introduced at a future date.


3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. This advice has been prepared by the Public Law Group and the Office of Legal Counsel.


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 Dairy Industry Restructuring (Raw Milk Pricing Methods) 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.


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