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Subordinate Legislation (Confirmation and Validation) Bill (Consistent) [2011] NZBORARp 19 (17 June 2011)

Last Updated: 29 April 2019

Subordinate Legislation (Confirmation and Validation) Bill (No 3)

17 June 2011 ATTORNEY-GENERAL LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: SUBORDINATE LEGISLATION (CONFIRMATION AND VALIDATION) BILL (NO 3)

1. We have considered whether the Subordinate Legislation (Confirmation and Validation) Bill (No 3) (PCO 15190/1.0) (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 23 June 2011.
2. The Bill confirms and validates certain subordinate legislation made under Acts that provide that subordinate legislation lapses at a stated time unless earlier confirmed or validated by an Act of Parliament. The Bill also repeals the Subordinate Legislation (Confirmation and Validation) Act 2010.
3. We note that cls 3 and 4 provide that validation of subordinate legislation under the Bill is for the purpose of preventing the expiry of the subordinate legislation only, and does not cure any invalidity, override any presumption that would otherwise apply to any of the enactments validated or otherwise give legislative force to those provisions.
4. For the purposes of this advice, we have not considered the validity of the subordinate legislation itself or its consistency with the Bill of Rights Act.
5. 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 Subordinate Legislation (Confirmation and Validation) 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.