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Local Government (Council-Controlled Organisations) Amendment Bill (Consistent) [2012] NZBORARp 41 (23 August 2012)

Last Updated: 28 April 2019

Local Government (Council-Controlled Organisations) Amendment Bill

23 August 2012 ATTORNEY-GENERAL

Legal Advice

Consistency with the New Zealand Bill of Rights Act 1990:

Local Government (Council-Controlled Organisations) Amendment Bill

1. We have considered whether the Local Government (Council-Controlled Organisations) 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 is a Member’s Bill in the name of Darien Fenton MP. We understand that the next Members’ day is scheduled for 29 August 2012.
   
2. The Bill seeks to amend the Local Government Act 2002 so that port companies and their subsidiaries are not excluded from being council-controlled organisations as defined in s 6(1) of that Act, and therefore subject to the Official Information Act 1982 and the Local Government Official Information and Meetings Act 1987.
   
3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.
   

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 Local Government (Council-Controlled Organisations) 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.