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Fire and Emergency Amendment Bill (Consistent) [2018] NZBORARp 82 (11 October 2018)

Last Updated: 5 January 2019

11 October 2018

LEGAL ADVICE

LPA 01 01 23

Hon David Parker, Attorney-General

Consistency with the New Zealand Bill of Rights Act 1990: Fire and Emergency Amendment Bill

Purpose

1. We have considered whether the Fire and Emergency 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’).
2. We have not yet received a final version of the Bill. This advice has been prepared in relation to the latest version of the Bill (PCO 21654/2.0). We will provide you with further advice if the final version includes amendments that affect the conclusions in this advice.
3. The purpose of the Bill is to amend the Fire and Emergency New Zealand Act 2017 (‘the principal Act’) by inserting a new section 85A to exempt items in the collections of public museums, public art galleries, or whare taonga from levy payments.
4. The Bill also amends section 2(6) of the principal Act to extend the default date on which Part 3 comes into force, and amends section 142 to enable shortfalls or surpluses of levy revenue to be taken into account when setting levy rates for the next period of time.
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