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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


  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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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