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Ombudsmen (Cost Recovery) Amendment Bill (Consistent) [2012] NZBORARp 32 (7 August 2012)
Last Updated: 27 April 2019
Ombudsmen (Cost Recovery) Amendment Bill
7 August 2012 ATTORNEY-GENERAL
Legal Advice
Consistency with the New Zealand Bill of Rights Act
1990: OMBUDSMEN (COST RECOVERY) AMENDMENT BILL
- We
have considered whether the Ombudsmen (Cost Recovery) Amendment Bill (‘the
Bill’) is consistent with the rights and
freedoms affirmed in the New
Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). The Bill
was introduced into
the House of Representatives on 26 July 2012 and is awaiting
first reading. The Bill is a Member’s Bill in the name of Hon
Shane Jones
MP. We understand that the next Members’ Day is 15 August 2012.
- The
Bill adds s 17D to the Ombudsmen Act 1975, which provides that:
- the Ombudsman
may recover costs from an agency that is the subject of a complaint,
- the Ombudsman
must issue guidelines specifying the costs that may be recovered and the
circumstances in which cost recovery will apply,
and
- the cost
recovery provisions will not apply to investigations initiated by an Ombudsman
on their own motion, or referred by the House
of Representatives or the Prime
Minister.
- 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.
Melanie Webb
Acting Chief Legal Counsel Office of Legal Counsel
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URL: http://www.nzlii.org/nz/other/NZBORARp/2012/32.html