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Tasman District Council (Validation and Recovery of Certain Rates) Bill (Consistent) [2013] NZBORARp 2 (2 February 2013)

Last Updated: 26 March 2019

Tasman District Council (Validation and Recovery of Certain Rates) Bill

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: TASMAN DISTRICT COUNCIL (VALIDATION AND RECOVERY OF CERTAIN RATES) BILL

7 FEBRUARY 2013


  1. We have considered whether the Tasman District Council (Validation and Recovery of Certain Rates) Bill (96-1) (‘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 Local Bill in the name of Hon Damien O'Connor MP. The Bill was introduced into the House of Representatives on 23 January 2013 and is awaiting its first reading. We understand that the next Members’ Day is scheduled for Wednesday 13 February 2013.
  2. Tasman District Council appears to have failed to follow the correct process under the Local Government (Rating) Act 2002 when setting and assessing rates between 2003 and 2008. This has raised questions about the validity of the rates adopted by the Council.
  3. The Bill validates these rates and any penalties for non-payment. The effect of the Bill is to ensure that the rates and penalties can be collected and received by the Council.
  4. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.

Jeff Orr

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 Tasman District Council (Validation and Recovery of certain Rates) 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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