Subordinate Legislation (Confirmation and Validation) Bill (No.2)

7 August 2003

Attorney-General

1. We have considered whether the Subordinate Legislation (Confirmation and Validation) Bill (No 2) (PCO 5347/4) ("the Bill") is consistent with the New Zealand Bill of Rights Act 1990 (the "Bill of Rights Act"). We understand that Cabinet Legislation Committee will consider the Bill at its meeting on Thursday 14 August 2003.

2. We have concluded that the Bill does not appear to be inconsistent with the Bill of Rights Act.

3. The Bill confirms and validates certain subordinate legislation made under Acts that provide that subordinate legislation lapses after a specified time unless confirmed or validated by an Act of Parliament, and repeals the Subordinate Legislation (Confirmation and Validation) Act 2002 (2002 No 52).

4. For the purposes of this advice, we considered the consistency of the subordinate legislation with the Bill of Rights Act. The subordinate legislation does not appear to be inconsistent with the Bill of Rights Act.

5. In accordance with your instructions, a copy of this opinion is attached for referral to the Minister of Justice. A copy is also attached for referral to Hon Dr Michael Cullen, Leader of the House, if you agree.

cc Minister of Justice
Leader of the House

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 Subordinate Legislation (Confirmation and Validation) Bill (No 2). 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.