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New Zealand Bill of Rights (Private Property Rights) Amendment Bill

19 April 2005

Attorney-General

LEGAL ADVICE
CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:
NEW ZEALAND BILL OF RIGHTS (PRIVATE PROPERTY RIGHTS) AMENDMENT BILL

We have considered the New Zealand Bill of Rights (Private Property Rights) Amendment Bill (the "Bill"), a Member’s Bill in the name of Gordon Copeland MP, for consistency with the New Zealand Bill of Rights Act 1990 (the "Bill of Rights Act"). It is our understanding that the next Member’s day is scheduled for Wednesday, 4 May 2005.

The Bill proposes to amend the New Zealand Bill of Rights Act 1990 to provide protection for private property rights. The amendment has two limbs. First, it provides for the right to own property. Secondly, a person must not be deprived of the use or enjoyment of his or her property without just compensation.

We consider that this Bill appears to be consistent with the Bill of Rights Act.

In accordance with previous practice, we attach a copy of this opinion for referral to the Minister of Justice. We also attach a copy for referral to Gordon Copeland MP, if you agree.

Jeff Orr Chief Legal Counsel Office of Legal Counsel	Stuart Beresford Senior Legal Adviser Bill of Rights/Human Rights Team
CC Minister of Justice Gordon Copeland MP

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 New Zealand Bill of Rights (Private Property Rights) 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.