Home | Databases | WorldLII | Search | Feedback New Zealand Bill of Rights Act Reports

Statues Amendment Bill (No 2 (Consistent) [2014] NZBORARp 2 (5 February 2014)

Last Updated: 24 March 2019

Statues Amendment Bill (No 2)

5 February 2014

Hon Christopher Finlayson QC, Attorney-General

Legal Advice

Consistency with the New Zealand Bill of Rights Act 1990: Statues Amendment Bill (No 2)

1. In accordance with current arrangements, we have considered the non-Justice items in

the Statutes Amendment Bill (No 2) (PCO 17529/3.0) (‘the Bill’) for consistency with the

rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). The Crown Law Office has considered the Justice items in the Bill. We understand that the Bill may be subject to further amendment. We will provide supplementary advice should this prove necessary.

2. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.
   
3. The Statutes Amendments Bill is an omnibus Bill comprising minor, technical and non- controversial amendments to various Acts.
   

Acts considered by the Ministry of Justice

4. We have considered the proposed amendments to the following pieces of legislation, which are listed by reference to department administering the Act, and advise that they are consistent with the Bill of Rights Act:
   

Ministry for Primary Industries

• Animal Welfare Act 1999
• Biosecurity Act 1993
• Commodity Levies Act 1990
• Forests Act 1949
• National Animal Identification and Tracing Act 2012
• Pork Industry Board Act 1997 Ministry of Foreign Affairs and Trade
• Antarctica (Environmental Protection) Act 1994
• Tokelau (Territorial Sea and Exclusive Economic Zone) Act 1977 Department of Internal Affairs
• Births, Deaths, Marriages, and Relationships Registration Act 1995

Ministry of Business, Innovation, and Employment

• Copyright Act 1994
• Heavy Engineering Research Levy Act 1978
• Friendly Societies and Credit Unions Act 1982
• Tariff Act 1988
  

Department of the Prime Minister and Cabinet

• Governor-General Act 2010 Ministry of Transport
• Land Transport Act 1998
• Land Transport Management Amendment Act 2008 Department of Internal Affairs
• Local Government Act 1974
• Local Government (Auckland Council) Act 2009
• Local Government Act 2002
• Local Government Official Information and Meetings Act 1987 Department of Conservation
• Marine Mammals Protection Act 1978
• National Parks Act 1980
• Reserves Act 1977
• Trade in Endangered Species Act 1989
• Wildlife Act 1953
  

Acts considered by the Crown Law Office

5. The Crown Law Office has considered the proposed amendments to the following pieces of legislation, which are either administered by the Ministry of Justice or affect legislation administered, or powers and functions performed, by the Ministry. Crown Law advises that there are no inconsistencies with the Bill of Rights Act arising from these amendments:
   
   • Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004
   • Land Transport Act 1998
   • Misuse of Drugs Amendment Act 1978
   • Ngāti Manuhiri Claims Settlement Act 2012
   • Official Information Act 1982
   • Ombudsmen Act 1975
   • Sale and Supply of Alcohol Act 2012
   • Sentencing Act 2002
   • Summary Proceedings Act 1957

Conclusion

6. 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 Statutes Amendment Bill (No 2). 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.