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West Coast Wind-blown Timber (Conservation Lands) Bill (Consistent) [2014] NZBORARp 17 (17 June 2014)

Last Updated: 24 March 2019

West Coast Wind-blown Timber (Conservation Lands) Bill

17 June 2014

Hon Christopher Finlayson QC, Attorney-General


Legal Advice

Consistency with the New Zealand Bill of Rights Act 1990: West Coast Wind-blown Timber (Conservation Lands) Bill


  1. We have considered whether the West Coast Wind-blown Timber (Conservation Lands) 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. We have not yet received a final version of the Bill. This advice has been prepared with the latest version of the Bill (PCO 18454/4.2) and on the understanding that the Bill will be subject to minor amendments before it is submitted to Cabinet. We will provide you with further advice if the final version of the Bill includes amendments that affect the conclusions in this advice.
  3. The purpose of the Bill is to permit the removal of wind-blown timber from certain conservation areas and reserves in the West Coast region affected by Cyclone Ita. The Bill allows the Director-General of the Department of Conservation to authorise the removal of timber irreversibly damaged by Cyclone Ita, require work plans before removal begins and to require royalties and fees for such work to be paid to the Crown.
  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 West Coast Wind-blown Timber (Conservation Lands) 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.


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