New Zealand Legislation: Acts
Acts are laws made by Parliament
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as at 1 November 1999
| Public Act | 1989 No 143 |
| Date of assent | 19 December 1989 |
| Commencement | 19 December 1989 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Justice.
4 Regulations to be laid before House of Representatives
6 Disallowance of regulations where motion to disallow not disposed of
8 Restoration or revival of Acts or regulations
9 Amendment or substitution of regulations by House of Representatives
An Act—
(a) to provide for the disallowance of statutory regulations; and
(b) to repeal the Regulations Act 1936 and other enactments
This Act may be cited as the Regulations (Disallowance) Act 1989.
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—
(a) regulations, rules, or bylaws made under an Act by the Governor-General in Council or by a Minister of the Crown:
(b) an Order in Council, Proclamation, notice, Warrant, or instrument, made under an enactment that varies or extends the scope or provisions of an enactment:
(c) an Order in Council that brings into force, repeals, or suspends an enactment:
(d) regulations, rules, or an instrument made under an Imperial Act or the Royal prerogative and having the force of law in New Zealand:
(e) an instrument that is a regulation or that is required to be treated as a regulation for the purposes of the Regulations Act 1936 or Acts and Regulations Publication Act 1989 or this Act:
(f) an instrument that revokes regulations, rules, bylaws, an Order in Council, a Proclamation, a notice, a Warrant, or an instrument, referred to in paragraphs (a) to (e).
Section 2 regulations: substituted, on 1 November 1999, by section 37 of the Interpretation Act 1999 (1999 No 85).
This Act shall bind the Crown.
All regulations made after 30 September 1992 shall be laid before the House of Representatives not later than the 16th sitting day of the House of Representatives after the day on which they are made.
Section 4: substituted, on 22 August 1992, by section 2(1) of the Regulations (Disallowance) Amendment Act 1992 (1992 No 85).
(1) The House of Representatives may, by resolution, disallow any regulations or provisions of regulations.
(2) Where the House of Representatives passes a resolution disallowing any regulations or any provisions of any regulations, the regulations or provisions so disallowed shall cease to have effect on the later of—
(a) the passing of the resolution; or
(b) any date specified in the resolution as the date on which the regulations or provisions cease to have effect.
(3) This section does not apply in relation to any resolution to which section 9 applies.
(1) If, at the expiration of the 21st sitting day after the giving in the House of Representatives of notice of a motion to disallow any regulations or any provisions of any regulations (being a notice of motion given by a member of Parliament who, at the time of the giving of the notice, is a member of the Committee of the House of Representatives responsible for the review of regulations),—
(a) the notice has not been withdrawn and the motion has not been moved; or
(b) the motion has been called on and moved and has not been withdrawn or otherwise disposed of,—
the regulations or provisions specified for disallowance in the motion shall thereupon be deemed to have been disallowed unless, before the expiration of that 21st sitting day,—
(c) Parliament is dissolved or expires; or
(d) Parliament is prorogued and the notice has not been carried over to the next session of the same Parliament.
(2) Where any regulations or provisions specified in a motion are disallowed under subsection (1), the regulations or provisions so disallowed shall cease to have effect on the later of—
(a) the expiration of the 21st sitting day after the giving of notice of the motion; or
(b) any date specified in the motion as the date on which the regulations or provisions cease to have effect.
Section 6(1): substituted, on 22 August 1992, by section 3 of the Regulations (Disallowance) Amendment Act 1992 (1992 No 85).
(1) Where any regulations or provisions of regulations (being regulations or provisions that amended any Act or any regulation or repealed any Act or revoked any regulation) are disallowed under section 5 or are deemed to have been disallowed under section 6, the disallowance of the regulations or provisions has the effect of restoring or reviving the Act or regulation, as it was immediately before it was amended, repealed, or revoked, as if the regulations disallowed or provisions disallowed had not been made.
(2) The restoration or revival of an Act or regulation pursuant to subsection (1) takes effect on the day on which the regulations or provisions by which it was amended or repealed or revoked ceased to have effect.
(1) The House of Representatives may, by resolution,—
(a) amend any regulations; or
(b) revoke any regulations, and substitute other regulations.
(2) Where the House of Representatives passes a resolution of the kind referred to in subsection (1), the amendment or the revocation and substitution, as the case may be, shall take effect on the later of—
(a) the 28th day after the date of the publication of the notice required by section 10; or
(b) any date specified in the notice required by section 10 as the date on which the amendment or the revocation and substitution, as the case may be, takes effect.
(1) Where—
(a) a resolution disallowing or revoking any regulations is passed by the House of Representatives; or
(b) a resolution amending any regulations or a resolution revoking any regulations and substituting other regulations is passed by the House of Representatives; or
(c) any circumstances of the kind described in section 6(1) arise in relation to any notice of motion to disallow any regulations,—
the Clerk of the House of Representatives shall forward to the Chief Parliamentary Counsel forthwith a notice in relation to that resolution or notice of motion.
(2) The notice forwarded under subsection (1), which shall be accompanied by the text of the resolution or the text of the notice of motion, as the case may require, shall show,—
(a) in the case of a resolution, the date on which the resolution was passed; and
(b) in the case of a notice of motion,—
(i) the date of the sitting day on which the notice of motion was given by a member of Parliament who was at the time of the giving of the notice a member of the Committee of the House of Representatives responsible for the review of regulations; and
(ii) the date of the 21st sitting day after the giving of the notice of motion.
(3) The notice shall be conclusive evidence of the matters stated in paragraphs (a) and (b) of subsection (2).
(4) The Chief Parliamentary Counsel shall arrange for every notice forwarded under subsection (1) to be printed and published under section 4 of the Acts and Regulations Publication Act 1989 as if it were a regulation.
The enactments specified in the Schedule are hereby repealed.
Schedule |
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1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)
This is a reprint of the Regulations (Disallowance) Act 1989. The reprint incorporates all the amendments to the Act as at 1 November 1999, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ 
.
Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.
A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
•omission of unnecessary referential words (such as “of this section”
and “of this Act”
)
•typeface and type size (Times Roman, generally in 11.5 point)
•layout of provisions, including:
•indentation
•position of section headings (eg, the number and heading now appear above the section)
•format of definitions (eg, the defined term now appears in bold type, without quotation marks)
•format of dates (eg, a date formerly expressed as “the 1st day of January 1999”
is now expressed as “1 January 1999”
)
•position of the date of assent (it now appears on the front page of each Act)
•punctuation (eg, colons are not used after definitions)
•Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
•case and appearance of letters and words, including:
•format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
•small capital letters in section and subsection references are now capital letters
•schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
•running heads (the information that appears at the top of each page)
•format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).
Interpretation Act 1999 (1999 No 85): section 37
Regulations (Disallowance) Amendment Act 1992 (1992 No 85)
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