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Subordinate Legislation Confirmation Bill (No. 5) (Consistent) [2020] NZBORARp 30 (17 June 2020)

Last Updated: 8 July 2020

17 June 2020

LEGAL ADVICE

LPA 01 01 24

Hon David Parker, Attorney-General

Consistency with the New Zealand Bill of Rights Act 1990: Subordinate Legislation Confirmation Bill (No. 5)

1. We have considered whether the Subordinate Legislation Confirmation Bill (No. 5) (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 (PCO22786/3.0). We will provide you with further advice if the final version includes amendments that affect the conclusions of this advice.
3. The Bill’s purpose is to prevent the revocation of certain subordinate legislation that, by virtue of the Act under which it is made, is revoked at a stated time unless earlier confirmed by an Act of Parliament. The Bill relates to items in subordinate legislation made in the year ending with the close of 30 June 2020.
4. The Bill confirms the continuation of certain orders and/or regulations made under the Arms Act 1983, Biosecurity Act 1993, Commodity Levies Act 1990, Customs and Excise Act 2018, New Zealand Superannuation and Retirement Income Act 2001, Social Security Act 2018, Road User Charges Act 2012 and the Tariff Act 1988. The Bill makes no changes to any of these orders or regulations; it simply ensures their continuation through Parliamentary confirmation.
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