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Electricity (Renewable Preference) Amendment Bill (Consistent) (Section 21) [2012] NZBORARp 58 (10 October 2012)

Last Updated: 28 April 2019

Electricity (Renewable Preference) Amendment Bill

10 October 2012 ATTORNEY-GENERAL

Legal Advice

Consistency with the New Zealand Bill of Rights Act 1990: Electricity (Renewable Preference) Amendment Bill

1. We have considered whether the Electricity (Renewable Preference)

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 Moana Mackey MP. The Bill was introduced into the House of Representatives on 20 September 2012 and is awaiting its first reading. We

understand that the next Members’ Day is scheduled for 17 October 2012.

2. The Bill amends the Electricity Act 1992 (‘the Act’). Clause 5 of the Bill inserts a new Part 6A (Restriction on new fossil-fuelled thermal electricity generating capacity) into the Act. The stated purpose of new Part 6A is to reduce the impact of fossil-fuelled thermal electricity generation on climate change. It does so by creating a preference for renewable electricity generation through the implementation of a 10-year restriction on new baseload fossil-fuelled thermal electricity generation capacity. The Bill allows for exemptions where appropriate (for instance, to ensure security of supply).
   
3. This Bill is identical to the Electricity (Renewable Preference) Amendment Bill that was introduced into the House of Representatives in 2010. In our advice on the previous Bill, we considered its consistency with the right to be free from unreasonable search and seizure affirmed in s 21 of the Bill of Rights Act. A copy of that advice is attached and can also be found at www.justice.govt.nz. In summary, we concluded that the previous Bill did not appear to limit s 21 of the Bill of Rights Act. Nothing has changed since that advice was prepared and our conclusion remains the same.
   
4. 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 Electricity (Renewable Preference) 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.