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Immigration Act 2009 Amendment Bill (Consistent) [2010] NZBORARp 10 (18 March 2010)

Last Updated: 7 May 2019

Immigration Act 2009 Amendment Bill

18 March 2010 ATTORNEY-GENERAL LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

IMMIGRATION ACT 2009 AMENDMENT BILL

1. We have considered whether the Immigration Act 2009 Amendment Bill (PCO

14265/3.0) (“the Bill”) is consistent with the New Zealand Bill of Rights Act 1990 (“the Bill of Rights Act”). We understand that the Bill is likely to be considered by the Cabinet Legislation Committee at its meeting on Thursday, 25 March 2010.

2. The purpose of the Bill is to bring s 474 of the Immigration Act 2009 into force on the day after the Bill receives the Royal assent so as to enable effective implementation of the principal Act. Section 474 authorises certain persons to exercise specified powers and functions before the relevant provisions of the principal Act have commenced. This amendment has become necessary after a reference to s 474 was inadvertently omitted from a commencement provision that brought certain sections into force before the rest of the principal Act.
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 Immigration Act 2009 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. 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.