You are here:
NZLII >>
Databases >>
New Zealand Bill of Rights Act Reports >>
2011 >>
[2011] NZBORARp 36
Database Search
| Name Search
| Recent Documents
| Noteup
| LawCite
| Download
| Help
Members of Parliament (Remuneration and Services) Bill (Consistent) (Section 19(1)) [2011] NZBORARp 36 (9 September 2011)
Last Updated: 29 April 2019
9 September 2011 ATTORNEY-GENERAL
LEGAL ADVICE
CONSISTENCY WITH THE NEW ZEALAND
BILL OF RIGHTS ACT 1990: MEMBERS OF PARLIAMENT (REMUNERATION AND SERVICES)
BILL
- We
have considered whether the Members of Parliament (Remuneration and Services)
Bill (PCO 13470/6.4) (“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, 15 September 2011.
- We
understand that the Bill may be subject to further amendment before it is
submitted to the Cabinet Legislation Committee. We will
provide supplementary
advice should this prove necessary.
- The
Bill repeals the Civil List Act 1979 and modernises the law relating to:
- the salaries and
allowances of Members of Parliament
- support services
provided for Members of Parliament, Ministers and certain electoral
candidates
- annuities, other
benefits and privileges for former Prime Ministers and
- benefits and
privileges for former Members of Parliament.
- For
the purpose of the Bill, a child or step-child is considered to be a family
member of a person if he or she is under 18 years
of age. The same age is used
to determine whether a person is a dependent child of another person. A range of
entitlements are linked
to these terms. For instance, cl 42 provides for the
payment of a sum of money as income to a dependent child of a Member of
Parliament
who dies while in office. While the inclusion of an aged-based
distinction may be said to limit the right to be free from discrimination
on the
grounds of age (as prescribed by s 19(1) of the Bill of Rights Act), we consider
any limitation to be justified. In our view,
it is appropriate for Parliament to
recognise that young persons under the age of 18 are financially dependent on
their parents.
- We
have therefore 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 Members of Parliament (Remuneration and Services) 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/2011/36.html