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Road User Charges (Temporary RUC Reduction Scheme) Amendment Bill (No 2) (Consistent) (Sections 25(g), 26 (2), and 27(1)) [2023] NZBORARp 2 (13 February 2023)

Last Updated: 23 February 2023

13 February 2023

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 Scheme) Amendment Bill (No 2)

1. We have considered whether the Road User Charges (Temporary RUC Reduction Scheme) Amendment Bill (No 2) (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 25290/1.2). 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 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).
4. RUCs were previously reduced between 21 April 2022 – 31 January 2023. The Bill reinstates this reduction by creating a ‘second temporary reduction period’. The second temporary reduction period will be in effect from 1 March 2023 – 30 June 2023. This may be extended by an Order in Council before the end of the second temporary reduction period.
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