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Airports (Cost Recovery for Processing of International Travellers) Bill (Consistent) [2010] NZBORARp 55 (17 August 2010)

Last Updated: 6 May 2020

Airports (Cost Recovery for Processing of International

Travellers) Bill

17 August 2010

ATTORNEY-GENERAL LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

AIRPORTS (COST RECOVERY FOR PROCESSING OF INTERNATIONAL TRAVELLERS) BILL

1. We have considered whether the Airports (Cost Recovery for Processing of International Travellers) Bill (PCO 13183/6.3) (‘the Bill’) is consistent with the New Zealand Bill of Rights Act 1990 (‘Bill of Rights Act’). We understand that the Bill is likely to be considered by the Cabinet Legislation Committee on Thursday, 19 August

2010.

2. The objective of the Bill is to reduce the Government’s exposure to an unpredictable and unlimited liability in relation to the processing of travellers.

3. The Bill provides for Government cost recovery of aviation security, biosecurity, and customs traveller processing in relation to:

• scheduled international flights arriving at, or departing from, new or re-established international airports; and
• international flights where, on request, travellers are processed in a non-routine manner at any international airport.
  

The proposed cost recovery regime will ensure that international airports, the beneficiaries of services provided in relation to unscheduled flights, or the persons who request non- routine services factor the costs of aviation security, biosecurity, and customs passenger clearance into their travel and business decisions.

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 Airports (Cost Recovery for Processing of International Travellers) 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.