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Subordinate Legislation Confirmation Bill (No 2) (Consistent) [2016] NZBORARp 28 (3 August 2016)

Last Updated: 11 January 2019

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3 August 2016

Hon Christopher Finlayson QC, Attorney-General

LEGAL ADVICE

LPA 01 01 20

Consistency with the New Zealand Bill of Rights Act 1990: Subordinate Legislation

Confirmation Bill (No 2)

1. We have considered whether the Subordinate Legislation Confirmation Bill (No 2) (‘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 confirms subordinate legislation that would otherwise lapse or be deemed invalid at specified deadlines under the Legislation Act 2012. It confirms orders and regulations made under the following Acts:

a. Animal Products Act 1999 b. Biosecurity Act 1993

c. Commodity Levies Act 1990

d. Customs and Excise Act 1996

e. Energy (Fuels, Levies, and References) Act 1989 f. Fisheries Act 1996

g. Gambling Act 2003

h. Land Transport Act 1998

i. National Animal Identification and Tracing Act 2012 j. Social Security Act 1964

k. Tariff Act 1988, and l. Wine Act 2003.

3. The Bill also repeals the Subordinate Legislation (Confirmation and Validation) Act

2015.

4. For the purposes of this advice, we have not considered the validity of the subordinate legislation itself or its consistency with the Bill of Rights Act.

5. 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


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