NZLII Home | Databases | WorldLII | Search | Feedback

New Zealand Bill of Rights Act Reports

You are here:  NZLII >> Databases >> New Zealand Bill of Rights Act Reports >> 2011 >> [2011] NZBORARp 21

Database Search | Name Search | Recent Documents | Noteup | LawCite | Download | Help

Duties of Statutory Officers (Census and Other Remedial Provisions) Bill (Consistent) [2011] NZBORARp 21 (1 July 2011)

Last Updated: 29 April 2019

Duties of Statutory Officers (Census and Other Remedial Provisions) Bill

1 July 2011 ATTORNEY-GENERAL LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

DUTIES OF STATUTORY OFFICERS (CENSUS AND OTHER REMEDIAL PROVISIONS) BILL


  1. We have considered whether the Duties of Statutory Officers (Census and Other Remedial Provisions) Bill (PCO 15291/2.3) (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 at its meeting on Thursday, 7 July 2011.
  2. The primary purpose of the Bill is to defer the taking of the census of population and dwellings from this year to 2013. The reason for this deferral is that the Canterbury earthquake of 22 February 2011 affected the viability of a census in 2011.
  3. The Bill achieves the above purpose by amending the current formulation in the Statistics Act 1975 for a census of population and dwellings to be undertaken “in the year 1976 and every fifth year thereafter”, by substituting the year 1976 with the year 2013.
  4. The Bill also obviates the need for the current Proclamation process appointing the day and timing of the census by the Governor-General, by enabling the Government Statistician to appoint the day and timing by notice in the Gazette as soon as practicable after the legislation comes into force. This streamlined process relates only to the 2013 census.
  5. Part 2 of the Bill amends the Statutes Drafting and Compilation Act 1920 to enable the Chief Parliamentary Counsel to delegate his or her functions, responsibilities, duties and powers to enable the office to be managed effectively and efficiently.
  6. 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 Duties of Statutory Officers (Census and Other Remedial Provisions) 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.


NZLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.nzlii.org/nz/other/NZBORARp/2011/21.html