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Rodney District Council Bill (Consistent) [2010] NZBORARp 40 (21 June 2010)

Last Updated: 5 May 2020

Rodney District Council Bill

21 JUNE 2010

ATTORNEY-GENERAL LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: RODNEY DISTRICT COUNCIL BILL

1. We have considered whether the Rodney District Council Bill (“the Bill”), a local Bill in the name of Darien Fenton 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 16 June 2010 and is currently awaiting its first reading. We understand that the next Members’ Day is scheduled for Wednesday, 30 June 2010.

2. The Bill excludes the Rodney district from the Auckland region and the new Auckland

Council. The Bill constitutes Rodney District Council as a unitary authority to provide local government for the Rodney district. The Rodney district will retain its boundaries and existing wards. The Bill will defer the local authority elections for Rodney for one year.

3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed by 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 Rodney District Council 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.