Conservation (Infringement System) Bill
A short form supplementary disclosure statement for proposed government amendments to a Bill seeks to bring together in one place some selected information to support and enhance the Parliamentary and public scrutiny of those proposed amendments.
It highlights certain significant powers or features in the proposed amendments that might be of particular Parliamentary or public interest and warrant an explanation.
It provides a limited supplement to the original disclosure statement for the Conservation (Infringement System) Bill, dated 1 February 2017, which can be found at this link http://disclosure.legislation.govt.nz/bill/government/2017/241
This supplementary disclosure statement was prepared by Paula Warren of Department of Conservation.
The Department of Conservation certifies that to the best of its knowledge and understanding, the information provided is complete and accurate at the date of finalisation below.
29 November 2018
Significant Legislative Features
Offences, penalties and court jurisdictions
| 1. Do the proposed amendments create, amend, or remove: |
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| (a) offences or penalties (including infringement offences or penalties and civil pecuniary penalties)? | YES |
| (b) the jurisdiction of a court or tribunal (including rights to judicial review or rights of appeal)? | NO |
| The Bill creates an infringement system, including by creating new infringement offences that match existing offences in the legislation. The SOP is to add an offence that was inadvertently not included in the amendments to the Marine Mammals Protection Act.
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| 1.1. Was the Ministry of Justice consulted about these provisions? | YES |
| The Ministry was fully involved in the original design of the conservation infringement system, the selection of the types of offences that would become infringement offences, and other aspects of the Bill. The SOP is adding an offence that officials had presumed had been included. Justice were consulted on the SOP.
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Privacy issues
| 2. Do the proposed amendments create, amend, or remove any provisions relating to the collection storage, access to, correction of, use or disclosure of personal information? | NO |
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| 2.1. Was the Privacy Commissioner consulted about these provisions? | NO |
| There are no privacy issues related to this minor amendment. | |
Compulsory acquisition of private property
| 3. Do the proposed amendments contain any provisions that could result in the compulsory acquisition of private property? | NO |
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Charges in the nature of a tax
| 4. Do the proposed amendments create or amend a power to impose a fee, levy or charge in the nature of a tax? | NO |
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Retrospective effect
| 5. Do the proposed amendments affect rights, freedoms, or impose obligations, retrospectively? | NO |
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Strict liability or reversal of the burden of proof for offences
| 6. Do the proposed amendments: |
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| (a) create or amend a strict or absolute liability offence? | NO |
| (b) reverse or modify the usual burden of proof for any offence or civil pecuniary penalty proceeding? | NO |
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Civil or criminal immunity
| 7. Do the proposed amendments create or amend a civil or criminal immunity for any person? | NO |
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Significant decision-making powers
| 8. Do the proposed amendments create or amend a decision-making power to make a determination about a person’s rights, obligations, or interests protected or recognised by law, and that could have a significant impact on those rights, obligations, or interests? | NO |
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Powers to make delegated legislation
| 9. Do the proposed amendments create or amend a power to make delegated legislation that could amend an Act, define the meaning of a term in an Act, or grant an exemption from an Act or delegated legislation? | NO |
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| 10. Do the proposed amendments create or amend any other powers to make delegated legislation? | NO |
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Any other unusual provisions or features
| 11. Do the proposed amendments contain any provisions (other than those noted above) that are unusual or call for special comment? | NO |
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