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Tasman District Council (Waimea Water Augmentation Scheme) Bill (Consistent) [2018] NZBORARp 71 (29 August 2018)
Last Updated: 4 January 2019
29 August 2018
LEGAL ADVICE
LPA 01 01 23
Hon David Parker, Attorney-General
Consistency with the New Zealand Bill of Rights Act 1990: Tasman District
Council (Waimea Water Augmentation Scheme) Bill
- We
have considered whether the Tasman District Council (Waimea Water Augmentation
Scheme) Bill (‘the Bill’), a Local Bill
in the name of the Hon Dr
Nick Smith, is consistent with the rights and freedoms affirmed in the New
Zealand Bill of Rights Act 1990
(‘the Bill of Rights Act’).
- The
purpose of the Bill is to transfer land and create interests in land currently
owned by the Crown so that the Waimea Water Augmentation
Scheme (‘the
scheme’) can proceed. The Bill vests 1.3516 hectares of the Waimea
riverbed in the Tasman District Council
(‘the Council’) in order to
authorise a transfer of the land to the council-controlled organisation
responsible for the
construction and operation of the scheme.
- The
Bill also confers on the Council, or council-controlled organisation, an
easement that gives it the right to inundate 9.6690 hectares
of the conservation
estate so that the scheme can proceed. To the extent that the land is not
inundated at any time, the public will
have the same level of access as it does
to the adjoining conservation land which is physically indistinguishable.
- The
Bill also suspends rights of first refusal (‘RFR’) under Treaty
settlement legislation until the land returns to the
Crown; however, the land
must remain under direct or indirect control of the Council until that occurs.
Should the scheme not proceed,
or be decommissioned, the riverbed land must be
sold back to the Crown. These provisions protect RFR rights in a way similar to
Treaty
settlement legislation that allows for RFR land to be transferred by the
Crown to a council for public works while preserving the
underlying RFR
right.
- 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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