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Climate Change Response (Unit Restriction) Amendment Bill (Consistent) [2014] NZBORARp 10 (15 April 2014)

Last Updated: 24 March 2019

Climate Change Response (Unit Restriction) Amendment Bill

15 April 2014

Hon Christopher Finlayson QC, Attorney-General

Legal Advice

Consistency with the New Zealand Bill of Rights Act 1990: Climate Change Response (Unit Restriction) Amendment Bill

1. We have considered whether the Climate Change Response (Unit Restriction) Amendment 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’).
   
2. The Bill corrects an unintended consequence in the operation of the New Zealand emissions trading scheme which arises from a difference between the price of New Zealand units and the price of certain Kyoto units. The Bill seeks to prevent reregistration arbitrage by amending the Climate Change Response Act 2002.
   
3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.
   

Tania Warburton

Acting 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 Climate Change Response (Unit Restriction) Amendment 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.