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Underground Coal Mining Safety Bill (Consistent) [2013] NZBORARp 44 (8 November 2013)

Last Updated: 21 April 2019

Underground Coal Mining Safety Bill

8 November 2013 Attorney-General

Legal Advice

Consistency with the New Zealand Bill of Rights Act 1990: Underground Coal Mining Safety Bill

1. We have considered whether the Underground Coal Mining Safety 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 Hon Damien O’Connor.

The Bill was introduced into the House of Representatives on 24 October 2013 and is awaiting first reading. We understand that the next Members’ Day is scheduled for Wednesday, 13 November 2013.

2. The Bill provides for an interim underground coal mining safety regime in New Zealand (“interim safety regime”) by applying the Queensland regulatory framework on an interim basis until a new permanent safety regime is established in New Zealand.
   
3. The Minister of Labour is required to implement an interim safety regime that applies the contents of the Queensland Coal Mining Safety and Health Regulation 2001 as in force at 23 July 2012 (“the Queensland Regulation”), with necessary modifications, in New Zealand. We interpret the phrase “with necessary modifications” as providing that the Queensland Regulation is to be modified to be fit for purpose in the New Zealand context. This means that any regime implemented in New Zealand under this Bill will need to be consistent with the Bill of Rights Act.
   
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

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 Underground Coal Mining Safety 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.