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Greater Christchurch Regeneration Amendment Bill (Consistent) (Section 18) [2020] NZBORARp 1 (5 February 2020)
Last Updated: 10 March 2020
5 February 2020
LEGAL ADVICE
LPA 01 01 24
Hon David Parker, Attorney-General
Consistency with the New Zealand Bill of Rights Act 1990: Greater Christchurch
Regeneration Amendment Bill
The Bill
- We
have considered whether the Greater Christchurch Regeneration 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
in relation to the latest version of the Bill
(PCO 21850/1.8). We will provide
you with further advice if the final version 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 18 (freedom of movement). Our
analysis is set out below.
The Bill
- The
Greater Christchurch Regeneration Act was enacted in 2016 to support the
regeneration of greater Christchurch through a range
of special development
provisions. Most provisions in the Act expire on 30 June 2021.
- There
has been significant progress in regeneration since 2016. In recognition of
this, the Bill:
- repeals specific
provisions early, removing some extraordinary powers that are no longer required
to demonstrably show the transition
of regeneration matters to local
leadership;
- disestablishes
Regenerate Christchurch (a Crown-Council organisation), supporting a timely
transfer of functions and reducing duplication
of effort on regeneration;
and
- provides a
two-year extension to certain specified powers. This is to allow for ongoing
title reconfiguration and works in the Ōtākaro
Avon River Corridor.
This work only began in late 2019 and the extension is required to ensure the
Crown has sufficient time to complete
work.
Consistency of the Bill with the Bill of Rights Act
Section 18 – Freedom of Movement
- Section
18(1) of the Bill of Rights Act affirms that everyone lawfully in New Zealand
has the right to freedom of movement and residence
within New Zealand.
- Section
87(1) and (2) of the principal Act provide for the Chief Executive of the
administering government department to totally or
partially prohibit or restrict
public
access, with or without vehicles, to any road or public place
within greater Christchurch. This is primarily to ensure public safety
and to
facilitate works to be completed on roads and other public land.
- Clauses
28 and 29 of the Bill provide for the continued application of prohibitions or
restrictions made under sections 87(1) and
(2) of the principal Act to 30 June
2023, two years after the restrictions would otherwise cease to have effect.
Clauses 28 and 29
therefore have the potential to impose further limits on the
freedom of movement.
- Where
a provision proposes a limit on a right or freedom, it may nevertheless be
consistent with the Bill of Rights Act if the limit
is reasonable and
justifiable in terms of s 5 of that Act.
- Clauses
28 and 29 are clearly justifiable in terms of s 5 of the Bill of Rights Act. The
provisions are necessary to enable remaining
works in the Ōtākaro Avon
River Corridor to be completed in a safe manner. This is a sufficiently
important objective to
warrant a limit on freedom of movement. Public safety is
clearly enhanced by the exclusion of people from worksites. The limitation
on
the right to freedom of movement is also proportional. The Chief Executive must
exercise their power only where it reasonably
necessary to achieve the purposes
of the principal Act.
Conclusion
- 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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