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Regulatory Systems (Housing) Amendment Bill (No 2) (Consistent) [2018] NZBORARp 87 (17 September 2018)

Last Updated: 5 January 2019

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17 September 2018

LEGAL ADVICE

LPA 01 01 23

Hon David Parker, Attorney-General

Consistency with the New Zealand Bill of Rights Act 1990: Regulatory Systems (Housing) Amendment Bill (No 2)

  1. We have considered whether the Regulatory Systems (Housing) Amendment Bill (No 2) (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). The Bill replicates the Regulatory Systems (Housing) Amendment Bill, which we advised was consistent with the Bill of Rights Act in June 2018.
  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 21639/4.0). 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 improve regulatory systems by ensuring that they are effective, efficient, and accord with best regulatory practice. It amends the Housing Restructuring and Tenancy Matters Act 1992, to simplify the role of the Community Housing Regulatory Authority and to reduce the administrative burden on Community Housing Providers. The Bill also amends the Retirement Villages Act 2003, to clarify the penalty for contravening s 92(2) of that Act, which relates to compliance with codes of practice for operators of retirement villages.
  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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