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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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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