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Public Finance (Fiscal Responsibility) Amendment Bill (Consistent) [2012] NZBORARp 34 (9 August 2012)

Last Updated: 27 April 2019

9 August 2012 ATTORNEY-GENERAL

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: PUBLIC FINANCE (FISCAL RESPONSIBILITY) AMENDMENT BILL

  1. We have considered whether the Public Finance (Fiscal Responsibility) Amendment Bill (PCO 16393/3.10) (‘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 that the Bill is likely to be considered by the Cabinet Legislation Committee at its meeting on 16 August 2012.
  2. This Bill adds a number of new principles of responsible fiscal management and associated reporting requirements to the fiscal responsibility provisions in Part 2 of the Public Finance Act 1989. Its objective is to ensure that the fiscal responsibility provisions continue to be a sound guide for fiscal policy.
  3. 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

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 Public Finance (Fiscal Responsibility) Amendment 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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