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Christ's College (Canterbury) Amendment Bill (Consistent) [2009] NZBORARp 80 (14 December 2009)

Last Updated: 28 April 2020

Christ’s College (Canterbury) Amendment Bill

14 December 2009

ATTORNEY-GENERAL LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

CHRIST’S COLLEGE (CANTERBURY) AMENDMENT BILL

1. We have considered whether the Christ’s College (Canterbury) Amendment Bill (‘the Bill’), a Private Bill in the name of Nicky Wagner 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 9 December 2009 and is currently awaiting its first reading. We understand that the next Members’ day is scheduled for Wednesday,

17 February 2010.

2. The Bill amends the Christ’s College (Canterbury) Act 1910 to remove difficulties in administering property vested in the College where the intended purpose or purposes for which the property was given to or vested in the College have, by the passage of time become:

• redundant

• uncertain as to application

• impractical to implement, or

• the property generates income that is inadequate or in excess of the amount necessary for those purposes.
  

The Bill authorises the governing body of the College to apply property, in certain circumstances, to the benefit of the College even though the property is not applied for the purpose for which the property was given to, or vested in the College.

We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed by the New Zealand Bill of Rights Act 1990. 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 Christ’s College (Canterbury) 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.