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Therapeutic Products Act Repeal Bill (Consistent) [2024] NZBORARp 47 (13 June 2024)

Last Updated: 28 June 2024

13 June 2024

LEGAL ADVICE

LPA 01 01 24

Hon Judith Collins KC, Attorney-General

Consistency with the New Zealand Bill of Rights Act 1990: Therapeutic Products Act Repeal Bill

Purpose

1. We have considered whether the Therapeutic Products Act Repeal 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 in relation to the latest version of the Bill (PCO 26065/5.0). We will provide you with further advice if the final version includes amendments that affect the conclusions in this advice.
3. The Bill repeals the Therapeutic Products Act 2023 (the Act). It also consequentially amends the Food Act 2014 in relation to the Dietary Supplements Regulations. The Act, which has a commencement date of 1 September 2026, was passed by the previous government and was intended to replace the Medicines Act 1981 and the Dietary Supplements Regulations.
4. The Act was put in place to address the complex, fragmented, and outdated regulation of medicines, medical devices, and natural health products.
5. As the Medicines Act had not been repealed, the Bill does not re-enact it. We note that we have not vetted the Medicines Act for compliance with the Bill of Rights Act in preparing this advice.
6. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.
   

Edrick Child

Chief Legal Counsel (Acting) Office of Legal Counsel