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Statutes Amendment Bill (No 2) (Consistent) [2011] NZBORARp 4 (11 February 2011)

Last Updated: 28 April 2019

Statutes Amendment Bill (No 2)

11 February 2011 ATTORNEY-GENERAL

Statutes Amendment Bill (No 2) 2010 (PCO 14437/9.0) Our Ref: ATT395/136

1. I have reviewed several Parts of this draft Bill for consistency with the New Zealand Bill of Rights Act 1990. The Parts that I have reviewed are those for which the Ministry of Justice is responsible. The Ministry of Justice has reviewed those Parts for which other departments are responsible.
2. The Parts of the Bill that I have reviewed relate to proposed amendments to the following Acts:
   
   • 2.1 Citizens Initiated Referenda Act 1993 (Part 3) extending the date of return of the Governor-General’s writ until after the last day for postal votes to be accepted;
   • 2.2 Crimes Act 1961 (Part 6) correcting cross-references between sections;
   • 2.3 Criminal Proceeds (Recovery) Act 2009 (Part 7) relating to the involvement of the Official Assignee in proceedings and the ability of the Commissioner of Police to delegate functions and powers;
   • 2.4 Domestic Violence Act 1995 (Part 8) relating to the commencement of police safety orders and the issue of arrest warrants by the District Court (including Registrars);
   • 2.5 Judicature Act 1908 (Part 9) repealing redundant provisions relating to the jurisdiction of Associate Judges of the High Court;
   • 2.6 Marriage Act 1955 (Part 11) substituting a provision and form relating to certification that there is no impediment to marriage;
   • 2.7 Mutual Assistance in Criminal Matters Act 1992 (Part 12) repealing a provision relating to cancellation or registration of a foreign restraining order or foreign forfeiture order;
   • 2.8 Wills Act 2007 (Part 20) relating to execution formalities, and to the High Court’s ability to declare the validity of a will that does not comply with the statutory requirements.
     
3. In each case the proposed amendments are relatively technical, and in a number of cases the proposed amendments are intended to correct drafting errors in the existing legislation. None of the provisions in these Parts of the Bill appears to be inconsistent with the New Zealand Bill of Rights Act.
4. In accordance with Crown Law practice, this opinion has been peer reviewed by Martha Coleman, Crown Counsel.
   

Yours faithfully

Peter McCarthy Crown 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 Statutes Amendment Bill (No 2). 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.