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Wanganui District Council (Port and Harbour) Bill (Consistent) [2009] NZBORARp 74 (25 November 2009)

Last Updated: 28 April 2020

Wanganui District Council (Port and Harbour) Bill

25 November 2009

ATTORNEY-GENERAL LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: WANGANUI DISTRICT COUNCIL (PORT AND HARBOUR) BILL

1. We have considered whether the Wanganui District Council (Port and Harbour) Bill (‘the Bill’), a Local Bill in the name of Chester Borrows MP, is consistent with the New Zealand Bill of Rights Act 1990 (‘Bill of Rights Act’). The Bill was introduced into the House of Representatives on 18 November 2009 and is currently awaiting its first reading. We understand that the next Members’ Day is scheduled for Wednesday, 9

December 2009.

2. The Bill seeks to consolidate the vesting of certain parcels of land in the Wanganui District Council (‘Council’) and sets out the purposes for which these lands, and any income or proceeds derived from the land, can be held and/or applied. The Bill also consolidates the powers that may be exercised by the Council in respect of those parcels of land and terminates the lease between the Council and River City Port Limited.

3. In conjunction with this Bill, the Council has entered into a Memorandum of Understanding with Ko Nga Hapu o Te Runanga o Tupoho who have claimed an interest in certain land in the vicinity of the mouth of the Whanganui River. The Bill confirms that this Memorandum of Understanding is binding on the parties to it.

4. 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 Wanganui District Council (Port and Harbour) 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.