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Plumbers, Gasfitters, and Drainlayers Amendment Bill (Consistent) [2013] NZBORARp 7 (8 March 2013)

Last Updated: 1 April 2019

Plumbers, Gasfitters, and Drainlayers Amendment Bill

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: PLUMBERS, GASFITTERS, AND DRAINLAYERS AMENDMENT BILL

8 March 2013 Attorney-General

Legal Advice

Consistency with the New Zealand Bill of Rights Act 1990: Plumbers, Gasfitters, and Drainlayers Amendment Bill

1. We have considered whether the Plumbers, Gasfitters, and Drainlayers Amendment Bill (PCO 17347/4.0) (‘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 will be considered by Cabinet at its meeting on Monday, 11 March 2013.
   
2. The Bill amends the Plumbers, Gasfitters, and Drainlayers Act 2006 (‘the Act’). It validates the disciplinary levy charged between 1 April 2007 and 11 January 2012 and a fee raised since 12 January 2012 to fund prosecutions (‘an offences fee’) by the Plumbers, Gasfitters, and Drainlayers Board (‘the Board’). The Bill also provides the Board with a levy power to fund its function of instituting prosecutions against persons for the breach of any Act or regulation relating to sanitary plumbing, gasfitting, or drainlaying.
   
3. The Bill responds to the Regulations Review Committee conclusion that certain clauses of a Gazette notice, relating to a disciplinary levy imposed by the Board between 31 July 2010 and 11 January 2012, should be disallowed. The Committee was of the view that the Board appeared to have made an unusual or unexpected use of the levy power contained in section 143 of the Act. The Committee is currently considering the validity of an offences fee prescribed by the Board since 12 January 2012 (under section 142 of the 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 Plumbers, Gasfitters, and Drainlayers 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.