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Mixed Ownership Model Bill (Consistent) [2012] NZBORARp 6 (29 February 2012)

Last Updated: 26 April 2019

Mixed Ownership Model Bill

29 February 2012 ATTORNEY-GENERAL LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

MIXED OWNERSHIP MODEL BILL

1. We have considered whether the Mixed Ownership Model Bill (PCO 15614/4.7) (‘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 is likely to be considered by Cabinet on 5 March 2012. We also understand that the Bill may be subject to further amendments before it is introduced to the House. We will provide you with advice on these amendments should this prove necessary.
2. The Government plans to sell a minority of shares in Genesis Power Limited, Meridian Energy Limited, Mighty River Power Limited, and Solid Energy New Zealand Limited. The Bill will enable the Crown to remove these companies from the ambit of the State-Owned Enterprises Act 1986, although sections 22 to 30(1) of that Act will continue to apply.
3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. This advice has been prepared by the Public Law Group and the Office of Legal Counsel.
   

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 Mixed Ownership Model 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