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Tariff (Malaysia Free Trade Agreement) Amendment Bill (Consistent) [2009] NZBORARp 71 (20 November 2009)

Last Updated: 28 April 2020

Tariff (Malaysia Free Trade Agreement) Amendment Bill

20 November 2009

ATTORNEY-GENERAL LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: TARIFF (MALAYSIA FREE TRADE AGREEMENT) AMENDMENT BILL

1. We have considered whether the Tariff (Malaysia Free Trade Agreement) Amendment Bill (“the Bill”) is consistent with the New Zealand Bill of Rights Act 1990 (“Bill of Rights Act”). We understand that the Bill is scheduled for consideration by Cabinet Legislation Committee at its meeting on Thursday, 26 November 2009.

2. The purpose of the Bill is to implement part of a Free Trade Agreement between New Zealand and Malaysia, agreed at Kuala Lumpur, Malaysia, on 26 October 2009 (‘the Free Trade Agreement’). The Free Trade Agreement will also be implemented by regulations.

3. The Bill amends the Tariff Act 1988 to include the Free Trade Agreement in the

application of sections 15A to 15H. These sections relate to the application of transitional safeguard measures to various countries with which New Zealand has a free trade agreement. Safeguards are temporary measures, usually in the form of a duty, in order to:

a) provide temporary protection to a domestic industry from serious injury caused by increased imports; and

b) facilitate adjustment by a domestic industry to increased competition from increased imports.

4. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. This advice has been prepared by the Public Law Group and the Office of Legal Counsel.

Jeff Orr

Chief Legal Counsel

Office of Legal Counsel

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 Tariff (Malaysia Free Trade Agreement) 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.