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Point England Reserve Development Enabling Bill (Consistent) [2016] NZBORARp 46 (19 October 2016)

Last Updated: 11 January 2019

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19 October 2016

Hon Christopher Finlayson QC, Attorney-General

LEGAL ADVICE

LPA 01 01 21

Consistency with the New Zealand Bill of Rights Act 1990: Point England Reserve

Development Enabling Bill

1. We have considered whether the Point England Reserve Development Enabling 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 purpose of the Bill is to make a section of land at the Point England Recreation Reserve (‘the Reserve’) in Tāmaki, East Auckland, available for housing (‘development land’). The Reserve is currently vested in Auckland Council as a recreation reserve under the Reserves Act 1977.

3. Clause 3 of the Bill defines development land by way of reference to a survey plan identifying 11.69 hectares of the Reserve. The Bill revokes reserve status on the development land, reverts it to the Crown and provides that the development land is set aside as state housing land under the Housing Act 1955.

4. 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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