Home | Databases | WorldLII | Search | Feedback New Zealand Bill of Rights Act Reports

Kaipara District Council (Validation of Rates and Other Matters) Bill (Consistent) (Section 26(2)) [2013] NZBORARp 28 (28 June 2013)

Last Updated: 7 April 2019

Kaipara District Council (Validation of Rates and Other Matters) Bill

28 June 2013 Attorney-General

Legal Advice

Consistency with the New Zealand Bill of Rights Act 1990: Kaipara District Council (Validation of Rates and Other Matters) Bill

1. We have considered whether the Kaipara District Council (Validation of Rates and Other Matters) 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 Local Bill in the name of Mike Sabin MP. The Bill was introduced into the House of Representatives on 4 June 2013. It received first reading, and was referred to the Local Government and Environment Committee on 12 June 2013.
   
2. The main purpose of the Bill is to validate specified rates set and assessed by Kaipara District Council for the financial years 2006/2007 to 2012/2013 inclusive and any consequent penalties. The assessment of the specified rates was made in contravention of the Local Government (Rating) Act 2002.
   
3. The Bill also:
   
   • validates the Long-Term Council Community Plan for 2009–2019, which failed to comply with the requirements of the Local Government Act 2002;
   • validates the annual report for 2010/11 and the Long-Term Plan for
   • 2012–2022, which were adopted later than the statutory deadline in the Local Government Act 2002; and
   • validates the use of the Special Consultative Procedure in adopting the Long-Term Plan, which did not comply with the requirements of the Local Government Act 2002.
     
4. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. In reaching this conclusion, we note that one effect of the Bill is to validate penalties previously imposed for non-payment of rates. The penalties in question are administrative, rather than criminal, and do not engage s 26(2) of the Bill of Rights Act (which prohibits retroactive criminal penalties).
   

Jeff Orr

Chief Legal Counsel Office of Legal Counsel

Disclaimer

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 Kaipara District Council (Validation of Rates and Other Matters) 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.