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Resource Management (Regional Responsibility for Certain Agricultural Matters) Amendment Bill (Consistent) [2021] NZBORARp 43 (27 July 2021)

Last Updated: 11 August 2021

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27 July 2021

LEGAL ADVICE

LPA 01 01 24

Hon David Parker, Attorney-General

Consistency with the New Zealand Bill of Rights Act 1990: Resource Management (Regional Responsibility for Certain Agricultural Matters) Amendment Bill

  1. We have considered whether the Resource Management (Regional Responsibility for Certain Agricultural Matters) Amendment Bill (the Bill), a member’s bill in the name of Mark Cameron MP, 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’s explanatory note provides that the Bill’s objective is to remove the ability for certain agriculture regulations to be set by central government and instead devolves these guidelines to regional councils.
  3. The Bill aims to achieve this by amending the Resource Management Act 1991 so that current regulation making powers are not used to make regulations relating to excluding stock from water bodies, intensive winter grazing, the application of synthetic nitrogen fertiliser to pastoral land, or sediment control measures.
  4. The Bill also revokes:
    1. the Resource Management (Stock Exclusion) Regulations 2020; and
    2. subparts 3 and 4 of Part 2 of the Resource Management (National Environmental Standards for Freshwater) Regulations 2020.
  5. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.

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Jeff Orr

Chief Legal Counsel Office of Legal Counsel


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