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Consumer Guarantees Amendment Bill (Consistent) (Section 14) [2010] NZBORARp 29 (19 May 2010)

Last Updated: 2 September 2019

Consumer Guarantees Amendment Bill

19 May 2010 ATTORNEY-GENERAL LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

CONSUMER GUARANTEES AMENDMENT BILL

1. We have considered whether the Consumer Guarantees Amendment Bill (‘the Bill’), a Member’s Bill in the name of Dr Jackie Blue 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 6 May 2010 and is currently awaiting its first reading. We understand that the next Members’ day is scheduled for Wednesday, 26 May 2010.
2. The Bill amends the Consumer Guarantees Act 1993 (‘the Act’). Clause 5 inserts new sections 15A and 15B to provide for rights in relation to extended warranties. Those rights relate to the disclosure of certain information and a cooling-off period to allow the consumer to reconsider the purchase of an extended warranty. Clause 6 amends section 41 of the Act by adding new subsection (4) to clarify that the guarantees provided for under section 5 of the Act apply to the supply of goods and services through a competitive bidding process using an online trading facility.
3. We have concluded that the Bill does not appear to be inconsistent with the rights and freedoms affirmed by the Bill of Rights Act.
4. In reaching this view, we have considered whether the disclosure requirements in new section 15 A raise issues under the right to freedom of expression. We have concluded that because the information required is of a factual nature, it is not sufficiently expressive to engage section 14 of the Bill of Rights Act.
5. 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 Consumer Guarantees 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.