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Game Animal Council Bill (Consistent) (Section 25(c)) [2011] NZBORARp 49 (7 October 2011)

Last Updated: 29 April 2019

Game Animal Council Bill

7 October 2011 ATTORNEY-GENERAL

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

GAME ANIMAL COUNCIL BILL

1. We have considered whether the Game Animal Council Bill (PCO 15198/11.2) (“the Bill”) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (“the Bill of Rights Act”). We understand the Bill is likely to be introduced to the House of Representatives on or before 19 October 2011. We also understand that the Bill may be subject to further amendments before it is introduced to the House. We will provide you with advice on further amendments should this prove necessary.
2. We have prepared this advice on the basis of an understanding with the Department of Conservation that, after the expected Cabinet consideration of the Bill on 10 October 2011, the Department will address an issue raised by cl 26 of the Bill in relation to s 25(c) (presumption of innocence).
3. The Bill:
   

• establishes the Game Animal Council (“the Council”) and provides for its functions
• creates powers for the Minister of Conservation to manage herds of special interest
• allows for the Minister of Conservation to delegate his or her powers to the Council
• creates offences for exporting game trophies without paying the export levy, hunting animals in a herd of special interest without a licence, and capturing or possessing any animal in a herd of special interest, and
• provides for game trophy export levies to fund the Council and its functions.
  

The Council will advise and make recommendations to the Minister of Conservation in relation to hunting game animals. The Council will also provide information and education to the hunting sector, promote safety initiatives and represent the views of the hunting sector.

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 Game Animal Council 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.