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Subantarctic Islands Marine Reserves Bill (Consistent) [2011] NZBORARp 20 (20 June 2011)

Last Updated: 29 April 2019

Subantarctic Islands Marine Reserves Bill

20 June 2011 ATTORNEY-GENERAL LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

SUBANTARCTIC ISLANDS MARINE RESERVES BILL

1. We have considered whether the Subantarctic Islands Marine Reserves Bill (PCO 15154/6.0) (‘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, 23 June 2011.
2. The objective of the Bill is to create three new marine reserves: Moutere Mahue / Antipodes Island Marine Reserve, Moutere Hauriri / Bounty Islands Marine Reserve, and Moutere Ihupuku / Campbell Island Marine Reserve.
3. Except as provided in the Bill, the provisions of the Marine Reserves Act 1971 will apply to the three marine reserves created by the Bill.
4. The Bill also provides for a review of the Moutere Ihukupu / Campbell Island Marine Reserve five years after the commencement of the Bill to consider protecting the remainder of the Campbell Island territorial sea by including it in the marine reserve.
5. 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 Subantarctic Islands Marine Reserves 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.