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Any other unusual provisions or features

Question 4.9

4.9.  Does this Bill contain any provisions (other than those noted above) that are unusual or call for special comment? [YES/NO]

What matters are covered by the question?

This is a 'catch-all' question designed to allow departments to proactively identify and explain the presence of any other unusual provisions that could attract the attention, puzzlement or concern of Parliament or the public.

While this must necessarily rely on subjective judgement, some possible types of unusual provision (not covered by any of the disclosure questions above) include provisions that are inconsistent with the Legislation Advisory Committee Guidelines on Process and Content of Legislation[59] in respect of:

  • significant impairment of property rights, contract rights, or common law rights (chapter 7);
  • complex or unusual transitional or savings provisions (chapter 7, part 4);
  • creation of new agencies or amendment to existing agencies (chapter 9);
  • commencement of legislation (chapter 10, part 1);
  • search and seizure (chapter 14);
  • extra-territorial application (chapter 16).

Other types of unusual provision could include clauses in a Bill that raise issues of consistency with the New Zealand Bill or Rights Act 1990.

What is the nature of the further information sought?

If the answer is YES, please:

  • identify the provision that is unusual or calls for special comment, and explain what makes it unusual or worthy of special comment;
  • describe the nature and purpose of the provision (what the provision does and what it is intended to achieve); and
  • explain why the provision is necessary (what are the alternatives, and why was it preferable to the alternatives).

If the answer is NO, no further information is required.

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