Resource Management (Energy And Climate Change) Amendment Bill

22 July 2003

Attorney-General

1. We have considered whether the Resource Management (Energy and Climate Change) Amendment Bill 2003 (PCO 5096/6) is consistent with the New Zealand Bill of Rights Act 1990. We understand that this Bill is to be considered by the Cabinet Legislation Committee on Thursday, 24 July 2003. The Cabinet Legislation Committee version of the Bill was only provided to the Ministry of Justice on Monday 21 July 2003.

2. On 27 March 2003, we provided you with advice on an earlier version of the Bill (PCO 5096/2). However, prior to its consideration by the Cabinet Legislation Committee, it became apparent that the Bill did not enable full implementation of the government's climate change policy and, as a result, some technical amendments were made to the Bill.

3. We have concluded that this revised version of the Bill does not appear to be inconsistent with the Bill of Rights Act.

4. This Bill amends the Resource Management Act 1991, which is aimed at promoting the sustainable management of natural and physical resources. The Bill seeks to give effect to the Government's climate change policy package and to require explicit consideration of the effects of climate change and renewable energy in the exercise of functions and powers set out in the Resource Management Act.

5. In accordance with your instructions we attach a copy of this opinion for referral to the Minister of Justice. A copy is also attached for referral to the Minister for the Environment, if you agree.

CC 

Minister of Justice
Minister for the Environment 

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Resource Management (Energy and Climate Change) Amendment Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.