You are here:
NZLII >>
Databases >>
New Zealand Bill of Rights Act Reports >>
2012 >>
[2012] NZBORARp 46
Database Search
| Name Search
| Recent Documents
| Noteup
| LawCite
| Download
| Help
Environment Canterbury (Temporary Commissioners and Improved Water Management) Bill (Consistent) (Section 27(1)) [2012] NZBORARp 46 (31 August 2012)
Last Updated: 28 April 2019
Environment Canterbury (Temporary Commissioners and Improved Water
Management) Bill
31 August 2012 ATTORNEY-GENERAL
Legal Advice
Consistency with the New Zealand
Bill of Rights Act 1990:
Environment Canterbury (Temporary Commissioners and
Improved Water Management) Bill
- We
have considered whether the Environment Canterbury
(Temporary
Commissioners and Improved Water Management) Bill (PCO
16689/5.0) (‘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 will be considered by Cabinet at its meeting on 3 September 2012.
- The
Bill extends the current governance structure of Environment Canterbury put in
place by the Environment Canterbury (Temporary
Commissioners and Improved Water
Management) Act 2010 (‘the Act’). It requires that a Ministerial
review of the governance
arrangements must begin on 1 March 2014.
- The
Bill retains the limited appeal rights currently in the Act. The Act removes the
normal jurisdiction of the Environment Court
to consider applications in respect
of water conservation orders, and limits appeals to the High Court on such
orders, and on regional
policy statements and plans, to points of law.
- When
the Act was assessed for compliance with the Bill of Rights Act, we considered
whether these limits raised a potential issue
with the right to natural justice
affirmed in s 27(1) of the Bill of Rights Act. We were satisfied that the Act
did not limit natural
justice obligations or the ability of an applicant to seek
judicial review. The proposed Bill does not change that conclusion.
- 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
NZLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.nzlii.org/nz/other/NZBORARp/2012/46.html