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Legislation Amendment Bill (Consistent) [2014] NZBORARp 15 (30 April 2014)

Last Updated: 24 March 2019

Legislation Amendment Bill

30 April 2014

Hon Christopher Finlayson QC, Attorney-General Legal Advice

Consistency with the New Zealand Bill of Rights Act 1990: Legislation Amendment Bill

1. We have considered whether the Legislation 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 updates and re-enacts the Interpretation Act 1999 in the Legislation Act 2012. It addresses technical issues with interpretation rules and requires the publication of disclosure statements for most Government initiated legislation.
   
3. The Bill re-enacts an existing provision defining a de facto relationship. Clause 36ZE provides that a relationship involving a person aged 16 or 17 years old is not a de facto relationship unless that person has obtained consent for the relationship in accordance with s 46A of Care of Children Act 2004. Clause 36ZE is justifiable because the age of 18 is widely used as a proxy for competence for entering legal relationships and consistent with the UN Convention on the Rights of the Child.
   
4. 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 Legislation 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.