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Forests (Log Traders and Forestry Advisers Repeal) Amendment Bill (Consistent) [2024] NZBORARp 37 (7 May 2024)

Last Updated: 31 May 2024

7 May 2024

AL ADVICE

LPA 01 01 24

Hon Judith Collins KC, Attorney-General

Consistency with the New Zealand Bill of Rights Act 1990: Forests (Log Traders and Forestry Advisers Repeal) Amendment Bill

1. We have considered whether the Forests (Log Traders and Forestry Advisers Repeal) Amendment 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 in relation to the latest version of the Bill (PCO 26274/5.0). We will provide you with further advice if the final version includes amendments that affect the conclusions in this advice.
3. The purpose of the Bill is to reduce regulation and associated compliance costs on businesses. It provides for the:
   1. disestablishment of the registration system and all associated requirements for log traders and forestry advisers; and
   2. Ministry for Primary Industries (MPI) to refund any fees or levies paid to MPI under the scheme and waive any fees or levies that are due but not yet paid at the time of commencement.
4. The Bill also defers the commencement date of, and makes consequential amendments to, the Forests (Legal Harvest Assurance) Amendment Act 2023. This is to ensure that there are no regulatory gaps and that full engagement with affected persons and trading partners can be delivered. It also ensures that the secondary legislation for the legal harvest system is developed and implemented in a way that appropriately manages risk and does not add unnecessary compliance costs.
5. We do not consider that the Bill engages any of the rights and freedoms in the Bill of Rights Act. We have therefore concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.
   

Edrick Child

Deputy Chief Legal Counsel Office of Legal Counsel