Acts and Regulations Publication Act 1989 No 142 (as at 03 September 2007), Public Act

Acts and Regulations Publication Act 1989

Public Act1989 No 142
Date of assent19 December 1989

Note

This Act is administered in the Parliamentary Counsel Office


Contents

Title

24 Repeals [Repealed]

29 Evidence [Repealed]

31 Revolving funds [Repealed]

35 Regulations [Repealed]


An Act—

  • (a) To provide for the printing and publication of copies of Acts of Parliament and statutory regulations; and

  • (b) To ensure that copies of Acts of Parliament and statutory regulations are available to the public; and

  • (c) To provide for the Government Printing Office to cease to be a department of the Public Service

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title and commencement
  • (1) This Act may be cited as the Acts and Regulations Publication Act 1989.

    (2) Except as provided in sections 18(4), 22(2), 25(2), 30(2), 31(2), and 32(2) of this Act, this Act shall come into force on the day on which it receives the Royal assent.

2 Interpretation
  • In this Act, unless the context otherwise requires,—

    Act of Parliament includes an Act of the General Assembly

    Imperial Act means any Act of the Parliament of England, or of the Parliament of Great Britain, or of the Parliament of the United Kingdom

    Regulations means—

    • (b) Resolutions of the House of Representatives which—

      • (i) Revoke any such regulations; or

      • (ii) Amend any such regulations; or

      • (iii) Revoke any such regulations, and substitute other regulations.

3 Act to bind the Crown
  • This Act shall bind the Crown.

Publication

4 Publication of copies of Acts of Parliament, reprints of Acts of Parliament, regulations and reprints of regulations, and reprints of Imperial Acts
  • (1) The Chief Parliamentary Counsel shall, under the control of the Attorney-General, arrange for the printing and publication of—

    • (a) Copies of every Act enacted by Parliament after the commencement of this section; and

    • (b) Copies of all regulations made after the commencement of this section; and

    • (c) Reprints of Acts of Parliament and reprints of regulations; and

    • (d) Reprints of Imperial Acts that have effect as part of the laws of New Zealand.

    (2) Every such copy and every such reprint shall state that it is published under the authority of the New Zealand Government.

5 Obligation to forward regulations to Chief Parliamentary Counsel
  • All regulations made after the passing of this Act shall, forthwith after they are made, be forwarded to the Chief Parliamentary Counsel.

    Compare: 1936 No 17 s 3(1)

6 Publication of regulations made before commencement of Act
  • The Attorney-General may direct that copies of regulations made before the passing of this Act shall be printed and published in accordance with section 4 of this Act.

    Compare: 1936 No 17 s 3(2)

7 Form of copies and reprints
  • (1) The Attorney-General may from time to time give directions as to the form in which—

    • (a) Copies of Acts of Parliament; or

    • (b) Reprints of Acts of Parliament; or

    • (c) Copies of regulations; or

    • (d) Reprints of regulations; or

    • (e) Reprints of Imperial Acts that have effect as part of the laws of New Zealand,—

    shall be printed and published under this Act.

    (2) Directions given under this section may provide for the printing of all or any copies of—

    • (a) Acts of Parliament; or

    • (b) Reprints of Acts of Parliament; or

    • (c) Regulations; or

    • (d) Reprints of regulations; or

    • (e) Reprints of Imperial Acts that have effect as part of the laws of New Zealand,—

    with the omission of such signatures and formal or introductory parts as the Attorney-General from time to time directs.

    Compare: 1936 No 17 s 4(1), (2)

8 Special requirements in relation to copies of regulations
  • Notwithstanding anything in section 7(2) of this Act, there shall, in the case of all regulations, be printed references to—

    • (a) The Act or other authority pursuant to which the regulations were made; and

    • (b) The date on which the regulations were made; and

    • (c) The date (if any) on which the regulations are expressed to come into force.

    Compare: 1936 No 17 s 4(2)

9 Power to designate places where copies of Acts of Parliament and regulations may be purchased
  • (1) The Attorney-General shall from time to time, by notice in the Gazette, designate places where copies of—

    • (a) Acts of Parliament; and

    • (b) Regulations,—

    shall be available for purchase by members of the public.

    (2) Notwithstanding subsection (1) of this section, copies to which that subsection applies may be made available for purchase by members of the public not only at the places designated under that subsection but also at other places.

10 Sale of copies of Acts of Parliament and regulations
  • (1) The Chief Parliamentary Counsel shall, under the control of the Attorney-General, make available for purchase by members of the public at the places designated from time to time by the Attorney-General under section 9(1) of this Act copies of Acts of Parliament and regulations at a reasonable price.

    (2) On the repeal or expiry of any Act of Parliament or the revocation or expiry of any regulations, subsection (1) of this section shall cease to apply in relation to that Act of Parliament or those regulations.

Regulations

11 Regulations series
  • (1) All copies of regulations printed and published pursuant to section 4 of this Act shall be identified by a number as part of an annual series of regulations.

    (2) Any regulations may, without prejudice to any other mode of citation, be cited by the number given to them and by a reference to the year in which copies of them are printed and published.

    Compare: 1936 No 17 s 3(3)

12 Notice of making of regulations
  • The Chief Parliamentary Counsel shall, on each occasion on which copies of regulations are printed and published under section 4 of this Act, arrange for the publication in the Gazette of a notice showing—

    • (a) The title of the regulations:

    • (b) The date on which the regulations were made:

    • (c) The Act or other authority pursuant to which the regulations were made:

    • (d) The number allocated to the regulations under section 11 of this Act:

    • (e) A place at which copies of the regulations may be purchased:

    • (f) Such other information as the Chief Parliamentary Counsel considers appropriate.

13 Publishing under this Act sufficient compliance with direction to be published in Gazette
  • Where any regulations are required by any Act to be published or notified in the Gazette, the publication in the Gazette of a notice under section 12 of this Act which relates to those regulations shall be sufficient compliance with that requirement.

    Compare: 1936 No 17 s 6

14 Printing and publication of instruments other than regulations
  • (1) Any instrument that is not a regulation may, if the Attorney-General or the Chief Parliamentary Counsel so directs, be printed and published in accordance with section 4 of this Act, as if it were a regulation.

    (2) An instrument shall not by virtue of its printing and publication under this section be a regulation for the purposes of this Act.

    (3) The provisions of sections 7, 8, 11, 12, and 13 of this Act shall apply with respect to every instrument that is so printed and published as if it were a regulation for the purposes of this Act.

    Compare: 1936 No 17 s 6A; 1970 No 100 s 2

    Subsection (3) was amended, as from 19 December 1989, by section 2 Acts and Regulations Publication Amendment Act 1992 (1992 No 83) by inserting 13.

    Subsection (3) was amended, as from 1 January 2000, by section 2(1) Acts and Regulations Publication Amendment Act 1999 (1999 No 111) by substituting and 13 for 13, and 15.

15 Incorporation of amendments in reprints
  • [Repealed]

    Section 15 was repealed, as from 1 January 2000, by section 3 Acts and Regulations Publication Amendment Act 1999 (1999 No 111).

16 Power to revoke spent regulations and other instruments
  • (1) The Governor-General may from time to time, by Order in Council, revoke any regulations or, as the case may require, declare that they shall cease to have effect as part of the laws of New Zealand, if the Governor-General in Council is satisfied that they have ceased to have effect or are no longer required.

    (2) This section is in addition to the provisions of any other enactment relating to the revocation of any regulations.

    (3) In this section, the term regulations includes, in addition to regulations within the meaning of section 2 of this Act,—

    • (a) Any Order in Council or Proclamation; or

    • (b) Any notice, Warrant, order, direction, determination, rules, or other instrument of authority—

    made or given by the Governor-General or any Minister of the Crown or any person in the service of the Crown, or made or given under any Imperial Act.

    Compare: 1936 No 17 s 9; 1966 No 82 s 2

Judicial notice and evidence of New Zealand legislation

16A Judicial notice of Acts of Parliament
  • Judicial notice must be taken by all courts and persons acting judicially of all Acts of Parliament.

    Sections 16A to 16E were inserted, as from 1 August 2007, by section 216 Evidence Act 2006 (2006 No 69). See clause 2(2) Evidence Act 2006 Commencement Order 2007 (SR 2007/190).

16B Judicial notice of regulations
  • (1) Judicial notice must be taken by all courts and persons acting judicially of all regulations.

    (2) In subsection (1) and sections 16C and 16D, regulations

    • (a) has the same meaning as in section 2; and

    • (b) includes any instrument that, under section 14, has been printed and published as if it were a regulation.

    Sections 16A to 16E were inserted, as from 1 August 2007, by section 216 Evidence Act 2006 (2006 No 69). See clause 2(2) Evidence Act 2006 Commencement Order 2007 (SR 2007/190).

16C Copy of Act of Parliament, Imperial legislation, and regulations printed as prescribed to be evidence
  • (1) Every copy of any Act of Parliament or of any Imperial enactment or any Imperial subordinate legislation (as defined in section 2 of the Imperial Laws Application Act 1988) being a copy purporting to be printed or published (whether before or after the commencement of this section) under the authority of the New Zealand Government is, unless the contrary is shown, deemed—

    • (a) to be a correct copy of that Act of Parliament, enactment, or legislation; and

    • (b) to have been so printed or published.

    (2) Every copy of any Imperial enactment or Imperial subordinate legislation (as so defined), being a copy purporting to be printed (whether before or after the commencement of this section) by the Queen's or King's Printer or under the superintendence or authority of Her Majesty's Stationery Office in the United Kingdom, is, unless the contrary is shown, deemed—

    • (a) to be a correct copy of that enactment or legislation; and

    • (b) to have been so printed.

    (3) Every copy of any regulations (as defined in section 16B(2)) purporting to be printed, whether before or after the commencement of this section, under the authority of the New Zealand Government is, unless the contrary is shown, deemed—

    • (a) to be a correct copy of those regulations; and

    • (b) to have been so printed or published; and

    • (c) to be evidence that the regulations were notified in the Gazette on the date printed on that copy as the date of their notification in the Gazette.

    Sections 16A to 16E were inserted, as from 1 August 2007, by section 216 Evidence Act 2006 (2006 No 69). See clause 2(2) Evidence Act 2006 Commencement Order 2007 (SR 2007/190).

16D Copy of reprint of Act, Imperial legislation, or regulations to be evidence
  • (1) This section applies to any copy of a reprint of any legislation, where that copy purports to be printed or published (whether before or after the commencement of this section) under the authority of the New Zealand Government.

    (2) Unless the contrary is shown, every copy of a reprint to which this section applies is to be taken—

    • (a) to be a copy of a reprint that correctly states, as at the date at which it is stated to be reprinted, the law enacted or made by the legislation reprinted and by the amendments (if any) to that legislation; and

    • (b) to have been printed or published under the authority of the New Zealand Government.

    (3) To avoid any doubt, the presumption contained in subsection (2) applies to a copy of a reprint in which changes authorised by section 17C have been made.

    (4) The presumption contained in subsection (2) may be rebutted by the production of the official volume in which the relevant legislation or any amendment to that legislation, as the case requires, is contained.

    (5) Subsection (4) does not limit any other means of rebutting the presumption contained in subsection (2).

    (6) In this section, unless the context otherwise requires,—

    Imperial enactment and Imperial subordinate legislation have the meanings given to them by section 2 of the Imperial Laws Application Act 1988

    legislation means any Act, Imperial enactment, Imperial subordinate legislation, or regulations

    official volume means any volume containing copies of legislation that are deemed, by section 16C, to be correct copies of that legislation.

    Sections 16A to 16E were inserted, as from 1 August 2007, by section 216 Evidence Act 2006 (2006 No 69). See clause 2(2) Evidence Act 2006 Commencement Order 2007 (SR 2007/190).

16E Copies of parliamentary Journals to be evidence
  • All copies of the Journals of the Legislative Council or the House of Representatives, purporting to be printed by the Government Printer or published by order of the House of Representatives, must be admitted as evidence of those matters by all courts and persons acting judicially without proof being given that those copies were so printed or published.

    Sections 16A to 16E were inserted, as from 1 August 2007, by section 216 Evidence Act 2006 (2006 No 69). See clause 2(2) Evidence Act 2006 Commencement Order 2007 (SR 2007/190).

Gazetting of acts of parliament unnecessary

17 Gazetting of Acts of Parliament unnecessary
  • It shall not be necessary to gazette Acts of Parliament.

Power to make editorial changes in reprints

17A Interpretation
  • In this section and sections 17B to 17F, unless the context otherwise requires,—

    Current drafting practice means the legislative drafting practice for the time being used in New Zealand

    Legislation means—

    • (a) An Act of Parliament:

    • (b) An Imperial Act that has effect as part of the laws of New Zealand:

    • (c) Any regulations:

    • (d) An instrument that, under section 14 of this Act or section 6A of the Regulations Act 1936, has been printed and published as if it were a regulation:

    Referential words means words (for example, of this Act, of this section, and of this paragraph) that identify the whole or part of a provision (including a schedule) as a provision, or as part of a provision, of the enactment in which they appear

    Reprint means a reprint—

    • (a) That is printed and published under this Act; and

    • (b) That is a reprint of legislation; and

    • (c) That, under section 16D, is presumed to correctly state the law enacted or made by the legislation reprinted and by the amendments (if any) to that legislation.

    Reprint: paragraph (c) of this definition was amended, as from 1 August 2007, by section 216 Evidence Act 2006 (2006 No 69) by substituting section 16D for section 29A of the Evidence Act 1908. See clause 2(2) Evidence Act 2006 Commencement Order 2007 (SR 2007/190).

    Sections 17A to 17F were inserted, as from 1 January 2000, by section 4 Acts and Regulations Publication Amendment Act 1999 (1999 No 111).

17B Purpose of sections 17C to 17E
  • The purpose of sections 17C to 17E is to facilitate the production of up-to-date reprints that, to the extent permitted by those sections, are in a format and style consistent with current drafting practice.

    Sections 17A to 17F were inserted, as from 1 January 2000, by section 4 Acts and Regulations Publication Amendment Act 1999 (1999 No 111).

17C Power to make editorial changes in reprints
  • (1) Changes authorised by sections 17D and 17E may be made in a reprint.

    (2) Sections 17D and 17E do not permit any change that, if it were enacted or made as an amendment to the legislation reprinted, would change the effect of the legislation.

    Sections 17A to 17F were inserted, as from 1 January 2000, by section 4 Acts and Regulations Publication Amendment Act 1999 (1999 No 111).

17D Changes to format
  • (1) Format may be changed so that the format of the reprint is consistent with current drafting practice.

    (2) Changes authorised by this section include (without limitation)—

    • (a) Changes to the setting out of provisions, tables, and schedules:

    • (b) The repositioning of marginal notes or section headings:

    • (c) Changes to typeface and type size:

    • (d) The addition or removal of bolding, italics, and similar textual attributes:

    • (e) The addition or removal of quotation marks and rules:

    • (f) Changes to the case of letters or words (for example, the replacement of small capitals with ordinary capitals, and of capitals and small capitals with capitals and lower case):

    • (g) The addition, alteration, or removal of running heads:

    • (h) The repositioning of the date of Royal assent.

    Sections 17A to 17F were inserted, as from 1 January 2000, by section 4 Acts and Regulations Publication Amendment Act 1999 (1999 No 111).

17E Other changes
  • (1) Punctuation may be altered or omitted, or new punctuation inserted, so that the reprint uses punctuation that is consistent with current drafting practice.

    (2) Unnecessary referential words may be omitted.

    (3) Dates may be expressed in a manner consistent with current drafting practice.

    (4) A Part numbered with roman numerals may be numbered with arabic numerals, and any cross-references to that Part in the reprint, or in another reprint, may be consequentially amended.

    (5) The following changes may be made in relation to schedules:

    • (a) A schedule may be renumbered so as to be consistent with current drafting practice (for example, Schedule 1 may replace First Schedule), and any cross-references to that schedule in the reprint, or in another reprint, may be consequentially amended:

    • (b) A reference to a schedule to a particular enactment may be changed to a schedule of that enactment.

    (6) Subsection (5) does not limit this section or section 17D.

    Sections 17A to 17F were inserted, as from 1 January 2000, by section 4 Acts and Regulations Publication Amendment Act 1999 (1999 No 111).

17F Changes to be noted in reprint
  • If changes authorised by section 17C are made in a reprint, the reprint must—

    • (a) Indicate that fact in a suitable place; and

    • (b) Outline in general terms, and in a suitable place, the changes made.

    Sections 17A to 17F were inserted, as from 1 January 2000, by section 4 Acts and Regulations Publication Amendment Act 1999 (1999 No 111).

Amendments to Acts Interpretation Act 1924

  • Ths heading was repealed, as from 1 January 2000, by section 5(1) Acts and Regulations Publication Amendment Act 1999 (1999 No 111).

18 General interpretation of terms
  • [Repealed]

    Sections 18 and 19 were repealed, as from 1 November 1999, by section 38(1) Interpretation Act 1999 (1999 No 85).

19 Repeal of provision relating to gazetting of Acts
  • [Repealed]

    Sections 18 and 19 were repealed, as from 1 November 1999, by section 38(1) Interpretation Act 1999 (1999 No 85).

Amendments to Civil Defence Act 1983

  • Ths heading was repealed, as from 1 January 2000, by section 5(1) Acts and Regulations Publication Amendment Act 1999 (1999 No 111).

20 Emergency regulations
  • [Repealed]

    Sections 20 to 32 were repealed, as from 1 January 2000, by section 5(1) Acts and Regulations Publication Amendment Act 1999 (1999 No 111).

21 Consequential amendment
  • [Repealed]

    Sections 20 to 32 were repealed, as from 1 January 2000, by section 5(1) Acts and Regulations Publication Amendment Act 1999 (1999 No 111).

Amendments to Electoral Act 1956

22 Indexes of streets and places
  • [Repealed]

    Section 22 was repealed, as from 1 July 1994, by section 284 Electoral Act 1993 (1993 No 87).

Amendments to Evidence Act 1908

  • Ths heading was repealed, as from 1 January 2000, by section 5(1) Acts and Regulations Publication Amendment Act 1999 (1999 No 111).

23 New sections substituted
  • [Repealed]

    Sections 20 to 32 were repealed, as from 1 January 2000, by section 5(1) Acts and Regulations Publication Amendment Act 1999 (1999 No 111).

24 Repeals
  • [Repealed]

    Sections 20 to 32 were repealed, as from 1 January 2000, by section 5(1) Acts and Regulations Publication Amendment Act 1999 (1999 No 111).

Amendment to Films Act 1983

  • This heading was repealed, as from 1 October 1994, by section 150(2) Films, Videos, and Publications Classification Act 1993 (1993 No 94).

25 Departments and organisations to which section 10 of the Films Act 1983 applies
  • [Repealed]

    Section 25 was brought into force on 30 June 1990 by clause 2 Acts and Regulations Publication Act Commencement Order 1990 (SR 1990/152).

    Section 25 was repealed, as from 1 October 1994, by section 150(2) Films, Videos, and Publications Classification Act 1993 (1993 No 94).

Amendment to Judicature Act 1908

  • Ths heading was repealed, as from 1 January 2000, by section 5(1) Acts and Regulations Publication Amendment Act 1999 (1999 No 111).

26 Publication of High Court Rules under Acts and Regulations Publication Act 1989
  • [Repealed]

    Sections 20 to 32 were repealed, as from 1 January 2000, by section 5(1) Acts and Regulations Publication Amendment Act 1999 (1999 No 111).

Amendment to Medical Research Council Act 1950

  • Ths heading was repealed, as from 1 January 2000, by section 5(1) Acts and Regulations Publication Amendment Act 1999 (1999 No 111).

27 Annual report to Minister
  • [Repealed]

    Sections 20 to 32 were repealed, as from 1 January 2000, by section 5(1) Acts and Regulations Publication Amendment Act 1999 (1999 No 111).

Amendments to Ombudsmen Act 1975

  • Ths heading was repealed, as from 1 January 2000, by section 5(1) Acts and Regulations Publication Amendment Act 1999 (1999 No 111).

28 House of Representatives may make rules for guidance of Ombudsmen
  • [Repealed]

    Sections 20 to 32 were repealed, as from 1 January 2000, by section 5(1) Acts and Regulations Publication Amendment Act 1999 (1999 No 111).

29 Evidence
  • [Repealed]

    Sections 20 to 32 were repealed, as from 1 January 2000, by section 5(1) Acts and Regulations Publication Amendment Act 1999 (1999 No 111).

30 Departments to which Ombudsmen Act 1975 applies
  • [Repealed]

    Section 30 was brought into force on 31 December 1990 by clause 2 Acts and Regulations Publication Act Commencement Order (No 2) 1990 (SR 1990/354).

    Sections 20 to 32 were repealed, as from 1 January 2000, by section 5(1) Acts and Regulations Publication Amendment Act 1999 (1999 No 111).

Amendment to Public Finance Act 1989

  • Ths heading was repealed, as from 1 January 2000, by section 5(1) Acts and Regulations Publication Amendment Act 1999 (1999 No 111).

31 Revolving funds
  • [Repealed]

    Section 31 was brought into force on 30 June 1990 by clause 2 Acts and Regulations Publication Act Commencement Order 1990 (SR 1990/152).

    Sections 20 to 32 were repealed, as from 1 January 2000, by section 5(1) Acts and Regulations Publication Amendment Act 1999 (1999 No 111).

Amendment to State Sector Act 1988

  • Ths heading was repealed, as from 1 January 2000, by section 5(1) Acts and Regulations Publication Amendment Act 1999 (1999 No 111).

32 Departments of the Public Service
  • [Repealed]

    Sections 20 to 32 were repealed, as from 1 January 2000, by section 5(1) Acts and Regulations Publication Amendment Act 1999 (1999 No 111).

33 Transitional provision relating to Government Printing Office
  • [Repealed]

    Section 33 was repealed, as from 15 May 1991, by section 148 Employment Contracts Act 1991 (1991 No 22).

Amendments to Veterinary Services Act 1946

  • Ths heading was repealed, as from 1 January 2000, by section 5(1) Acts and Regulations Publication Amendment Act 1999 (1999 No 111).

34 Annual report and statement of accounts
  • [Repealed]

    Sections 34 and 35 were repealed, as from 1 January 1995, by section 75(1) Veterinarians Act 1994 (1994 No 107).

35 Regulations
  • [Repealed]

    Sections 34 and 35 were repealed, as from 1 January 1995, by section 75(1) Veterinarians Act 1994 (1994 No 107).