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Road User Charges (Temporary RUC Reduction) Amendment Bill (Consistent) [2022] NZBORARp 6 (28 March 2022)

Last Updated: 19 April 2022

28 March 2022

LEGAL ADVICE

LPA 01 01 24

Hon David Parker, Attorney-General

Consistency with the New Zealand Bill of Rights Act 1990: Road User Charges (Temporary RUC Reduction) Amendment Bill

1. We have considered whether the Road User Charges (Temporary RUC Reduction) Amendment 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 the latest version of the Bill (PCO 24678/1.4). We will provide you with further advice if the final version includes amendments that affect the conclusions in this advice.
3. The Bill amends the Road User Charges Act 2012 (the principal Act) to temporarily reduce the sum paid on purchase of Road User Charges (RUC) by 36%. The temporary reduction is a measure to reduce the burden of unusually high diesel fuel prices to the same extent that the government has taken action to reduce the burden of unusually high petrol prices (in that case by reducing excise duty). The temporary reduction will be in effect from 21 April 2022 – 21 July 2022, unless extended by an Order in Council.
4. The Bill also creates measures for ensuring that vehicle owners and operators do not purchase more RUC at the reduced rate than they would reasonably use within a three- month period. The measures are similar to those that exist in part 3 of the principal Act.
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