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Exclusive Economic Zone and Continental Shelf (Environment Effects) (Transitional Provisions) Amendment Bill (Consistent) (Section 7) [2015] NZBORARp 1 (2 February 2015)

Last Updated: 17 January 2019

Exclusive Economic Zone and Continental Shelf (Environmental Effects) (Transitional Provisions) Amendment Bill

2 February 2015

Hon Christopher Finlayson QC, Attorney-General

Consistency with the New Zealand Bill of Rights Act 1990: Exclusive Economic Zone and

Continental Shelf (Environmental Effects) (Transitional Provisions) Amendment Bill

1. We have considered whether the Exclusive Economic Zone and Continental Shelf (Environmental Effects) (Transitional Provisions) 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 amends section 162 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (‘the EEZ Act’). The amendment addresses an issue with the transitional provisions for existing petroleum activities involving structures in the EEZ Act. Unlike other transitional provisions in the EEZ Act, section 162 does not currently allow operators to continue their activities while a marine consent application is being considered by the Environmental Protection Authority or while any appeals are determined. The amendment will allow existing petroleum mining operators to continue their operations until their applications for marine consents are determined.

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 Exclusive Economic Zone and Continental Shelf (Environmental Effects) (Transitional Provisions) 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.