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Subordinate Legislation Confirmation Bill (No 3) (Consistent) [2017] NZBORARp 18 (27 April 2017)

Last Updated: 6 January 2019

27 April 2017

Hon Christopher Finlayson QC, Attorney-General

LEGAL ADVICE

LPA 01 01 21

Consistency with the New Zealand Bill of Rights Act 1990: Subordinate Legislation Confirmation Bill (No 3)

1. We have considered whether the Subordinate Legislation Confirmation Bill (No 3) (‘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:
   1. Commodity Levies Act 1990
   2. Customs and Excise Act 1996
   100. Education Act 1980
   4. New Zealand Superannuation and Retirement Income Act 2001, and
   5. Social Security Act 1964.
3. The Bill also repeals the Subordinate Legislation Confirmation Act 2016.
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