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Environmental Protection Authority Bill (Consistent) [2010] NZBORARp 80 (4 November 2010)

Last Updated: 11 May 2020

Environmental Protection Authority Bill

4 November 2010

ATTORNEY-GENERAL LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

ENVIRONMENTAL PROTECTION AUTHORITY BILL

1. We have considered whether the Environmental Protection Authority Bill (PCO 14588/4.1) (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, 11 November 2010. We also understand that the Bill is likely to be subject to further amendments before it is introduced. We will provide you with supplementary advice should this prove necessary.

2. The purpose of this Bill is to establish the Environmental Protection Authority (the “EPA”) as

a Crown entity and disestablish the former Environmental Protection Authority established under s 42B of the Resource Management Act 1991 (the “RMA”) and the Environmental Risk Management Authority established under s 14 of the Hazardous Substances and New Organisms Act 1996 (the “HSNO Act”). The functions, duties, powers, rights, liabilities, contracts, entitlements and engagements of the disestablished Authorities will transfer to the EPA.

3. The objective of the EPA is to undertake functions to contribute to the efficient, effective and transparent management of New Zealand’s environment and natural and physical resources.

4. The functions of the EPA include to:

• process matters for proposals of national significance and applications called in under the

RMA

• undertake all of the functions currently performed by the Environmental Risk Management

Authority under the HSNO Act

• undertake administration for the Emissions Trading Scheme under the Climate Change

Response Act 2002 (the “CCR Act”)

• advise the responsible Minister on any matter relating to the EPA’s functions, and

• exercise powers and carry out functions conferred on it by an enactment.

• And if requested by the responsible Minister to:

• provide technical advice to the Government and Crown entities

• The term an “environmental Act” means the CCR Act, the HSNO Act, or the RMA.

• The Bill also disestablishes Nga Kaihautu Tikanga Taiao and replaces it with a Maori Advisory Committee with the function of providing advice and assistance from the Maori perspective to the EPA on matters relating to policy, process and decisions of the EPA under an environmental Act.

• 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 Environmental Protection Authority 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.


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