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[2019] NZBORARp 8
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Land Transport (Wheel Clamping) Amendment Bill (Consistent) [2019] NZBORARp 8 (12 March 2019)
Last Updated: 11 April 2019
12 March 2019
Hon David Parker, Attorney-General
Consistency with the New Zealand Bill of Rights Act 1990: Land Transport (Wheel
Clamping) Amendment Bill
Purpose
- We
have considered whether the Land Transport (Wheel Clamping) 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’).
- We
have not yet received a final version of the Bill. This advice has been prepared
in relation to the latest version of the Bill
(PCO21151/7.0). We will provide
you with further advice if the final version includes amendments that affect the
conclusions in this
advice.
- The
purpose of the Bill is to regulate the maximum fee charged by an operator to
apply an immobilising device (i.e. a wheel clamp)
to a vehicle parked on private
property. The Bill makes it an infringement offence for an operator
to:
- charge
more than the maximum fee; or
- to
fail to remove or arrange for the removal of the wheel clamp as soon as is
reasonably practicable after the fee is paid, or at
the direction of the person
in charge of the motor vehicle (if there is no fee).
- 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
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