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Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Bill (Consistent) [2010] NZBORARp 84 (11 November 2010)

Last Updated: 27 May 2020

Weathertight Homes Resolution Services (Financial

Assistance Package) Amendment Bill

11 November 2010

ATTORNEY-GENERAL LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

WEATHERTIGHT HOMES RESOLUTION SERVICES (FINANCIAL ASSISTANCE PACKAGE) AMENDMENT BILL

1. We have considered whether the Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Bill (PCO 14782/6.3) (“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 on Thursday, 18 November 2010.

2. The Bill amends the Weathertight Homes Resolution Services Act 2006 and the Public

Finance Act 1989 to facilitate the delivery of a financial assistance package to owners of leaky homes (eligible homeowners). The high level design parameters of the financial assistance package are:


• The Crown will provide assistance to homeowners to access bank finance for any agreed

repair costs that remain after financial assistance has been given. This will be done by offering credit support to banks (by way of a limited Crown guarantee or indemnity) for loans made to eligible homeowners who can meet the bank’s lending criteria.

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 Weathertight Homes Resolution Services (Financial Assistance Package)

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.


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