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

Policing (Cost Recovery) Amendment Bill (Consistent) [2014] NZBORARp 9 (8 April 2014)

Last Updated: 24 March 2019

Policing (Cost Recovery) Amendment Bill

8 April 2014

Hon Christopher Finlayson QC, Attorney-General

Legal Advice

Consistency with the New Zealand Bill of Rights Act 1990: Policing (Cost Recovery) Amendment Bill

1. We have considered whether the Policing (Cost Recovery) Amendment Bill (PCO

18034/3.0) (‘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 seeks to amend the Policing Act 2008 to allow Police to recover its costs for providing certain policing services. Cost recovery would be limited to services provided on request for the benefit of a particular person or organisation. The services must not relate to Police call-outs relating to potential offending, or criminal investigations or prosecutions. A regulation-making power would allow services to be prescribed for cost recovery. At present the only service proposed for cost recovery is the Police vetting service.
   
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 Policing (Cost Recovery) 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.