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Secondary Legislation Confirmation Bill (Consistent) [2022] NZBORARp 26 (9 June 2022)

Last Updated: 20 August 2022

9 June 2022

LEGAL ADVICE

LPA 01 01 24

Hon David Parker, Attorney-General

Consistency with the New Zealand Bill of Rights Act 1990: Secondary Legislation Confirmation Bill

1. We have considered whether the Secondary Legislation Confirmation 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).
2. We have not yet received a final version of the Bill. This advice has been prepared in relation to a consultation draft. We will provide you with further advice if the final version includes amendments that affect the conclusions in this advice.
3. The Bill’s purpose is to prevent the revocation of certain secondary legislation instruments which, by virtue of the enactment under which they are made, are due to be revoked at a stated time unless earlier confirmed by an Act of Parliament. The Bill makes no changes to any of these orders or regulations; it simply ensures their continuation by way of Parliamentary confirmation.
4. The Bill provides for the continuation of certain orders and regulations made in the period starting on 1 July 2021 and ending with the close of 30 June 2022 under the following pieces of primary legislation:
   1. Animal Products Act 1999
   2. Civil Aviation Act 1990
   100. Commodity Levies Act 1990
   4. Customs and Excise Act 2018
   5. Land Transport Act 1998
   6. Road User Charges Act 2012
   7. Biosecurity Act 1993
   8. Gambling Act 2003
   9. Social Security Act 2018
   10. Wine Act 2003
5. For the purposes of this advice, we have not considered whether the instruments to be confirmed are consistent with the Bill of Rights Act.

7. 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