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Aquaculture Legislation Amendment Bill (No 3) (Consistent) [2010] NZBORARp 78 (27 October 2010)

Last Updated: 11 May 2020

Aquaculture Legislation Amendment Bill (No 3)

27 October 2010

ATTORNEY-GENERAL LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: AQUACULTURE LEGISLATION AMENDMENT BILL (NO 3)

1. We have considered whether the Aquaculture Legislation Amendment Bill (No 3) (PCO 14624/9.0) (‘the Bill’) is consistent with the New Zealand Bill of Rights Act 1990 (‘Bill of Rights Act’). We understand that the Bill is to be considered by the Cabinet Legislation Committee on Thursday, 28 October 2010.

2. The Bill amends the Aquaculture Reform (Repeals and Transitional Provisions) Act

2004, Fisheries Act 1996, Maori Commercial Aquaculture Claims Settlement Act 2004 and Resource Management Act 1991. The Bill’s purpose is to ensure an efficient legislative and regulatory framework for aquaculture that enables the sustainable development of aquaculture within the coastal marine area. The Bill will do this by:

• streamlining planning and consenting processes for aquaculture activities including the undue adverse effects on fishing test

• changing regional coastal plans in areas where current plan provisions present the greatest barriers to aquaculture growth

• transitioning existing marine farms into the new regime and enabling outstanding applications to be processed, and

• providing a new mechanism for delivering the Crown’s obligations under the

Maori Commercial Aquaculture Claims Settlement Act 2004.

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 Aquaculture Legislation Amendment Bill (No 3). 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.