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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
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
- 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).
- 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.
- 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.
- The
Bill also revokes:
- the
Resource Management (Stock Exclusion) Regulations 2020; and
- subparts
3 and 4 of Part 2 of the Resource Management (National Environmental Standards
for Freshwater) Regulations 2020.
- 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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