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Land Transport (Vehicles Responding to Electrical Emergency) Amendment Bill (Consistent) [2021] NZBORARp 28 (5 May 2021)

Last Updated: 20 May 2021

5 May 2021

LEGAL ADVICE

LPA 01 01 24

Hon David Parker, Attorney-General

Land Transport (Vehicles Responding to Electrical Emergency) Amendment Bill

1. We have considered whether the Land Transport (Vehicles Responding to Electrical Emergency) Amendment Bill (the Bill), a member’s bill in the name of Simeon Brown, is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (the Bill of Rights Act).
2. The Bill amends the Land Transport Act 1998 to allow the Minister of Transport to make rules setting out the standards and requirements concerning vehicles responding to electrical emergencies. In particular, proposed new s 164A requires the Minister to make rules for the purpose of prescribing the beacons that a vehicle responding to an electrical emergency can attach and requiring drivers to give way to vehicles responding to electrical emergencies when operating the prescribed beacons. An electrical emergency is defined as damage to the electrical network which poses a threat to public safety.
3. 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