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Weathertight Homes Resolution Services Amendment Bill (Consistent) [2014] NZBORARp 28 (26 November 2014)

Last Updated: 24 March 2019

Weathertight Homes Resolution Services Amendment Bill

26 November 2014

Hon Christopher Finlayson QC, Attorney-General

Consistency with the New Zealand Bill of Rights Act 1990: Weathertight Homes Resolution Services Amendment Bill

1. We have considered whether the Weathertight Homes Resolution Services 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”). We have not yet received a final version of the Bill. This advice has been prepared with the latest version of the Bill (PCO 17963/9). 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.

2. The Bill amends the Weathertight Homes Resolution Services Act 2006 (the “Act”). The purpose of the Bill is to remove any doubt about the validity of certain criteria governing claimants’ eligibility for financial contributions from the Crown for leaky building repairs. Under the Act, the Chief Executive of the Department of Building and Housing (now the

Ministry of Business, Innovation and Employment) specified criteria for eligibility by notice in the New Zealand Gazette in 2011. The Bill moves the criteria into the Act so there is no question of inconsistency with the Act. The Bill also validates all previous decisions made in accordance with the criteria.

3. 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 Weathertight Homes Resolution Services 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.