9 May 2018

Hon David Parker, Attorney-General

LEGAL ADVICE

LPA 01 01 23

Consistency with the New Zealand Bill of Rights Act 1990: Local Government
Regulatory Systems Amendment Bill

1.        We have considered whether the Local Government Regulatory Systems Amendment Bill (‘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 with the latest version of the Bill (PCO 19181/4.2). We will provide you with further advice if the final version includes amendments that affect the conclusions in this advice.

3.        The purpose of this omnibus Bill is to make minor and technical amendments to the local government legislative regime in order to maintain its effectiveness and efficiency. The amendments intend to achieve this by:

a.        clarifying and updating statutory provisions to give effect to the intended purposes of the Acts and their provisions, and to keep the regulatory system up to date and relevant;

b.        addressing regulatory duplication, gaps, errors, and inconsistencies within and between different pieces of legislation; and

c.	removing unnecessary compliance costs.

4.	The Bill amends the following Acts:

a.	Dog Control Act 1996;

b.	Local Electoral Act 2001;

c.	Local Government Act 1974;

d.	Local Government Act 2002;

e.	Local Government Official Information and Meetings Act 1987;

f.	Local Government (Rating) Act 2002; and g.	Rates Rebate Act 1973.

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