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Crown Minerals (Permitting and Crown Land) Bill (Consistent) (Section 21) [2012] NZBORARp 52 (17 September 2012)
Last Updated: 28 April 2019
Crown Minerals (Permitting and Crown Land) Bill
17 September 2012 ATTORNEY-GENERAL
Legal Advice
Consistency with the New Zealand Bill of Rights Act
1990: Crown Minerals (Permitting and Crown Land) Bill
- We
have considered whether the Crown Minerals (Permitting and Crown Land) Bill (PCO
1580211.0) (‘the Bill’) is consistent
with the New Zealand Bill of
Rights Act 1990 (‘Bill of Rights Act’). We understand that the Bill
is likely to be considered
by the Cabinet Legislation Committee at its meeting
on Thursday, 20 September 2012. We understand that the Bill may be subject to
further amendment before it is submitted to the Cabinet Legislation Committee.
We will provide supplementary advice should this prove
necessary.
- The
Bill amends the Crown Minerals Act 1991 with the aims of encouraging the
development of Crown-owned minerals, streamlining and
simplifying the regime and
ensuring that better coordination of regulatory agencies can contribute to
stringent health, safety and
environmental standards in exploration and
production activities.
- We
have identified some clauses in the Bill that may engage section 21 of the Bill
of Rights Act (the right of everyone to be secure
against unreasonable search
and seizure). For example, the Bill confers upon enforcement officers the power
to go on, into, under,
or over any place or structure, except a dwelling-house,
for the purpose of determining whether or not the Act, a minerals programme,
or
a permit is being complied with. The Bill also provides that the Minister, the
chief executive, or any enforcement officer may,
by written notice require any
person to provide any information considered necessary for the administration or
enforcement of the
Act.
- We
consider that these powers are reasonable in terms of section 21 of the Bill of
Rights Act, as they are necessary to monitor compliance
with the Act and there
are sufficient safeguards in place.
- We
have therefore 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 Crown Minerals (permitting and Crown Land) 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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