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Crown Minerals Amendment Bill (Consistent) (Section 27(1)) [2018] NZBORARp 31 (22 March 2018)
New Zealand Bill of Rights Act Reports
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Crown Minerals Amendment Bill (Consistent) (Section 27(1)) [2018] NZBORARp 31 (22 March 2018)
Last Updated: 3 January 2019
22 March 2018
Hon David Parker, Attorney-General
LEGAL ADVICE
LPA 01 01 23
Consistency with the New Zealand Bill of Rights Act 1990: Crown Minerals
Amendment Bill
Purpose
- We
have considered whether the Crown Minerals 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’).
- We
have not yet received a final version of the Bill. This advice has been prepared
with the latest version of the Bill (PCO 20546/3.0).
We will provide you with
further advice if the final version of the Bill includes amendments that affect
the conclusions in this
advice.
- We
have concluded that the Bill appears to be consistent with the rights and
freedoms affirmed in the Bill of Rights Act. In reaching
that conclusion, we
have considered the consistency of the Bill with s 27(1) (right to the
observance of the principles of natural
justice). Our analysis is set out
below.
The Bill
- The
Bill amends the Crown Minerals Act 1991 (‘the Act’) to improve the
efficiency and effectiveness of the permitting
regime.
- The
Bill:
- provides
that minerals programmes continue to be disallowable instruments under the
Legislation Act 2012 but are not legislative instruments
for the purposes of
that Act and do not need to be drafted by the Parliamentary Counsel Office;
- clarifies
that an extension of the duration of a permit cannot be denied as a result of a
declaration under s 28A of the Act, but
an extension to the land area of a
permit can be denied as a result of a declaration;
- clarifies
the processes and timeframes relating to revocation of a permit following a
change of control of a permit holder;
- changes
the permit classification for authorisations of geophysical surveys on land
adjacent to the land to which a permit relates;
- clarifies
that an access arrangement is needed for access to Schedule 4 land (land to
which access restrictions apply) for minimum
impact activities;
- clarifies
which Ministers enter into access arrangements in respect of Crown land and land
in the common marine and coastal area;
- allows
delegation of the Minister’s powers in relation to licences granted under
the Mining Act 1971;
- clarifies
the applicable royalty calculations for certain permits granted before February
2008; and
- clarifies
that changes made to minerals programmes as a consequence of the legislative
changes made by the Bill are exempt from the
public notification and submission
requirements that would apply to any amendment of a minerals programme by the
Minister.
Consistency of the Bill with the Bill of Rights Act
Section 27(1) – right to the observance of the principles of natural
justice
- Section
27(1) of the Bill of Rights Act affirms that every person has the right to the
observance of the principles of natural justice
by any tribunal or other public
authority which has the power to make a determination in respect of that
person’s rights, obligations,
or interests protected or recognised by
law.
- Under
the Act, the Minister may recommend changes to minerals programmes. Proposed
changes must be publicly notified, and the Minister
must receive and consider
any submissions that are made in relation to the proposed changes. The Bill
provides that any changes to
minerals programmes consequent on the legislative
amendments in the Bill are exempt from the notification and submission process.
We understand that minerals programmes will be affected to the extent that they
refer to or reproduce legislative provisions that
are amended by the Bill.
- We
considered whether this provision engages the rights under s 27(1). In our view,
it does not. This is because the legislative amendments
to minerals programmes
proposed by this Bill are not determinations in respect of a particular
person’s rights, obligations,
or interests protected or recognised by law.
Rather, they are the result of a policy decision of general application.
Accordingly,
s 27(1) does not apply.
Conclusion
- We
have concluded that the Bill appears to be consistent with the rights and
freedoms affirmed in the Bill of Rights Act.
Edrick Child
Acting Chief Legal Counsel Office of Legal Counsel
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