New Zealand Legislation: Acts
Acts are laws made by Parliament
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as at 1 October 2008
| Public Act | 1999 No 85 |
| Date of assent | 3 August 1999 |
| Commencement | see section 3 |
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.
Exercise of powers between passing and commencement of legislation
Exercise of powers in legislation generally
An Act relating to the interpretation, application, and effect of legislation
This Act may be cited as the Interpretation Act 1999.
The purposes of this Act are—
(a) to state principles and rules for the interpretation of legislation; and
(b) to shorten legislation; and
(c) to promote consistency in the language and form of legislation.
This Act comes into force on 1 November 1999.
(1) This Act applies to an enactment that is part of the law of New Zealand and that is passed either before or after the commencement of this Act unless—
(a) the enactment provides otherwise; or
(b) the context of the enactment requires a different interpretation.
(2) The provisions of this Act also apply to the interpretation of this Act.
(1) The meaning of an enactment must be ascertained from its text and in the light of its purpose.
(2) The matters that may be considered in ascertaining the meaning of an enactment include the indications provided in the enactment.
(3) Examples of those indications are preambles, the analysis, a table of contents, headings to Parts and sections, marginal notes, diagrams, graphics, examples and explanatory material, and the organisation and format of the enactment.
Compare: 1924 No 11 s 5(j)
An enactment applies to circumstances as they arise.
Compare: 1924 No 11 s 5(d)
An enactment does not have retrospective effect.
(1) An Act or an enactment in an Act comes into force on the date stated or provided in the Act for the commencement of the Act or for the commencement of the enactment.
(2) If an Act does not state or provide for a commencement date, the Act comes into force on the day after the date of assent.
Compare: 1924 No 11 s 10A; 1986 No 115 s 6
(1) Regulations or enactments in regulations come into force on the date stated or provided in the regulations for the commencement of the regulations or for the commencement of the enactments.
(2) If regulations do not state or provide for the date on which the regulations or enactments in the regulations come into force, the regulations come into force on the day after the date of their notification in the Gazette.
(1) An enactment comes into force at the beginning of the day on which the enactment comes into force.
(2) If an enactment is expressed to take effect from a particular day, the enactment takes effect at the beginning of the next day.
(3) An Order in Council may appoint a day for an enactment to come into force that is the same day as the day on which the Order in Council is made, in which case the enactment comes into force at the beginning of that day.
Compare: 1924 No 11 s 10; 1986 No 115 s 6
(1) A power conferred by an enactment may be exercised before the enactment comes into force or takes effect to—
(a) make a regulation or rule or other instrument; or
(b) serve a notice or document; or
(c) appoint a person to an office or position; or
(d) establish a body of persons; or
(e) do any other act or thing for the purposes of an enactment.
(2) The power may be exercised only if the exercise of the power is necessary or desirable to bring, or in connection with bringing, an enactment into operation.
(3) The power may not be exercised if anything that results from exercising the power comes into force or takes effect before the enactment itself comes into force unless the exercise of the power is necessary or desirable to bring, or in connection with bringing, the enactment into operation.
(4) Subsection (1) applies as if the enactment under which the power is exercised and any other enactment that is not in force when the power is exercised were in force when the power is exercised.
Compare: 1924 No 11 s 12
The power to appoint a person to an office includes the power to—
(a) remove or suspend a person from the office:
(b) reappoint or reinstate a person to the office:
(c) appoint another person in place of a person who—
(i) has vacated the office; or
(ii) has died; or
(iii) is absent; or
(iv) is incapacitated in a way that affects the performance of that person's duty.
Compare: 1924 No 11 s 25(f)
The power to make an appointment or do any other act or thing may be exercised to correct an error or omission in a previous exercise of the power even though the power is not generally capable of being exercised more than once.
Compare: 1924 No 11 s 25(j); 1936 No 58 s 2
A power conferred on the holder of an office, other than a Minister of the Crown, may be exercised by the holder's deputy lawfully acting in the office.
Compare: 1924 No 11 s 25(e); 1986 No 115 s 7
The power to make or issue a regulation, Order in Council, Proclamation, notice, rule, bylaw, Warrant, or other instrument includes the power to—
(a) amend or revoke it:
(b) revoke it and replace it with another.
Compare: 1924 No 11 s 25(h)
(1) A power conferred by an enactment may be exercised from time to time.
(2) A duty or function imposed by an enactment may be performed from time to time.
Compare: 1924 No 11 s 25(g)
(1) The repeal of an enactment does not affect—
(a) the validity, invalidity, effect, or consequences of anything done or suffered:
(b) an existing right, interest, title, immunity, or duty:
(c) an existing status or capacity:
(d) an amendment made by the enactment to another enactment:
(e) the previous operation of the enactment or anything done or suffered under it.
(2) The repeal of an enactment does not revive—
(a) an enactment that has been repealed or a rule of law that has been abolished:
(b) any other thing that is not in force or existing at the time the repeal takes effect.
Compare: 1924 No 11 s 20(a), (e), (f)
(1) The repeal of an enactment does not affect the completion of a matter or thing or the bringing or completion of proceedings that relate to an existing right, interest, title, immunity, or duty.
(2) A repealed enactment continues to have effect as if it had not been repealed for the purpose of completing the matter or thing or bringing or completing the proceedings that relate to the existing right, interest, title, immunity, or duty.
Compare: 1924 No 11 ss 20(g), (h), 22
(1) The repeal of an enactment does not affect a liability to a penalty for an offence or for a breach of an enactment committed before the repeal.
(2) A repealed enactment continues to have effect as if it had not been repealed for the purpose of—
(a) investigating the offence or breach:
(b) commencing or completing proceedings for the offence or breach:
(c) imposing a penalty for the offence or breach.
Compare: 1924 No 11 s 20(h)
(1) An enactment made under a repealed enactment, and that is in force immediately before that repeal, continues in force as if it had been made under any other enactment—
(a) that, with or without modification, replaces, or that corresponds to, the enactment repealed; and
(b) under which it could be made.
(2) An enactment that continues in force may be amended or revoked as if it had been made under the enactment that replaces, or that corresponds to, the repealed enactment.
Compare: 1924 No 11 ss 20(d), 20A; 1960 No 50 s 2
Anything done in the exercise of a power under a repealed enactment, and that is in effect immediately before that repeal, continues to have effect as if it had been exercised under any other enactment—
(a) that, with or without modification, replaces, or that corresponds to, the enactment repealed; and
(b) under which the power could be exercised.
Compare: 1924 No 11 ss 20(d), 20A; 1960 No 50 s 2
(1) The repeal of an enactment does not affect an enactment in which the repealed enactment is applied, incorporated, or referred to.
(2) A reference in an enactment to a repealed enactment is a reference to an enactment that, with or without modification, replaces, or that corresponds to, the enactment repealed.
(3) Subsection (1) is subject to subsection (2).
Compare: 1924 No 11 ss 20(b), 21
An amending enactment is part of the enactment that it amends.
(1) It is not necessary for an enactment, Proclamation, Order in Council, Warrant, or other instrument made under an enactment to refer to facts, circumstances, or preconditions that must exist or be satisfied before the enactment, Proclamation, Order in Council, Warrant, or other instrument can be made.
(2) An enactment, Proclamation, Order in Council, Warrant, or other instrument is not invalid just because the enactment under which it is expressed to have been made does not authorise its making as long as its making is authorised by another enactment.
Compare: 1924 No 11 s 24
Regulations amended or substituted by an Act may be amended, replaced, or revoked by subsequent regulations as if they had been made by regulation.
A form is not invalid just because it contains minor differences from a prescribed form as long as the form still has the same effect and is not misleading.
Compare: 1924 No 11 s 5(i)
No enactment binds the Crown unless the enactment expressly provides that the Crown is bound by the enactment.
Compare: 1924 No 11 s 5(k)
(1) The Ministry of Justice must, by 30 June 2001, report to the Minister of Justice—
(a) whether it is desirable that the law be changed so that all enactments bind the Crown unless provided otherwise; and
(b) whether changes in the law may be required to impose criminal liability on the Crown for the breach of any enactment.
(2) In preparing the report, the Ministry must consider any reports prepared by the Law Commission or any other body relating to the liability of the Crown.
(3) As soon as practicable after receiving a report from the Ministry, the Minister must present a copy of it to the House of Representatives.
In an enactment,—
Act means an Act of the Parliament of New Zealand or of the General Assembly; and includes an Imperial Act that is part of the law of New Zealand
commencement, in relation to an enactment, means the time when the enactment comes into force
committed for trial means committed to the High Court or a District Court under the Summary Proceedings Act 1957
Commonwealth country and part of the Commonwealth mean a country that is a member of the Commonwealth; and include a territory for the international relations of which the member is responsible
consular officer means a person who has authority to exercise consular functions
de facto partner means a person who is a party to a de facto relationship (as defined in section 29A)
enactment means the whole or a portion of an Act or regulations
Gazette means the New Zealand Gazette published or purporting to be published under the authority of the New Zealand Government; and includes a supplement
Governor-General in Council or a similar expression means the Governor-General acting on the advice and with the consent of the Executive Council
Minister, in relation to an enactment, means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of an enactment
month means a calendar month
New Zealand or similar words referring to New Zealand, when used as a territorial description, mean the islands and territories within the Realm of New Zealand; but do not include the self-governing State of the Cook Islands, the self-governing State of Niue, Tokelau, or the Ross Dependency
North Island means the island commonly known as the “North Island”
; and includes the islands adjacent to it north of Cook Strait
Order in Council means an order made by the Governor-General in Council
person includes a corporation sole, a body corporate, and an unincorporated body
prescribed means prescribed by or under an enactment
Proclamation means a proclamation made and signed by the Governor-General under the Seal of New Zealand and published in the Gazette
public notification, public notice, or a similar expression in relation to an act, matter, or thing, means a notice published in—
(a) the Gazette; or
(b) 1 or more newspapers circulating in the place or district to which the act, matter, or thing relates or in which it arises
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 the Acts and Regulations Publication Act 1989 or the Regulations (Disallowance) Act 1989:
(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)
repeal, in relation to an enactment, includes expiry, revocation, and replacement
rules of court, in relation to a court, means rules regulating the practice and procedure of the court
South Island means the island commonly known as the “South Island”
; and includes the islands adjacent to it south of Cook Strait
summary conviction means a conviction by a District Court Judge or by 1 or more Justices of the Peace in accordance with the Summary Proceedings Act 1957
territorial limits of New Zealand, limits of New Zealand, or a similar expression, when used as a territorial description, means the outer limits of the territorial sea of New Zealand
working day means a day of the week other than—
(a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day; and
(b) a day in the period commencing with 25 December in a year and ending with 2 January in the following year; and
(c) if 1 January falls on a Friday, the following Monday; and
(d) if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday
writing means representing or reproducing words, figures, or symbols in a visible and tangible form and medium (for example, in print).
Compare: 1924 No 11 s 4
Section 29 de facto partner: inserted, on 26 April 2005, by section 3 of the Interpretation Amendment Act 2005 (2005 No 13).
Section 29 writing: substituted, on 21 November 2003, by section 38 of the Electronic Transactions Act 2002 (2002 No 35).
(1) In an enactment, de facto relationship means a relationship between 2 people (whether a man and a woman, a man and a man, or a woman and a woman) who—
(a) live together as a couple in a relationship in the nature of marriage or civil union; and
(b) are not married to, or in a civil union with, each other; and
(c) are both aged 16 years or older.
(2) Despite subsection (1), a relationship involving a person aged 16 or 17 years is not a de facto relationship unless that person has obtained consent for the relationship in accordance with section 46A of the Care of Children Act 2004.
(3) In determining whether 2 people live together as a couple in a relationship in the nature of marriage or civil union, the court or person required to determine the question must have regard to—
(a) the context, or the purpose of the law, in which the question is to be determined; and
(b) all the circumstances of the relationship.
(4) A de facto relationship ends if—
(a) the de facto partners cease to live together as a couple in a relationship in the nature of marriage or civil union; or
(b) one of the de facto partners dies.
Section 29A: inserted, on 26 April 2005, by section 4 of the Interpretation Amendment Act 2005 (2005 No 13).
For the purposes of an enactment, the relationship of step-parent, stepson, stepdaughter, or any other relationship described by a word containing the prefix “step”
, may be established by civil union or by de facto relationship as well as by marriage.
Section 29B: inserted, on 26 April 2005, by section 4 of the Interpretation Amendment Act 2005 (2005 No 13).
In an enactment passed or made before the commencement of this Act,—
Act includes rules and regulations made under the Act
Governor means the Governor-General
land includes messuages, tenements, hereditaments, houses, and buildings, unless there are words to exclude houses and buildings, or to restrict the meaning to tenements of some particular tenure
person includes a corporation sole, and also a body of persons, whether corporate or unincorporate.
Compare: 1924 No 11 s 4
Section 30 constable: repealed, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
In an enactment passed or made before the commencement of this Act, words denoting the masculine gender include females.
Parts of speech and grammatical forms of a word that is defined in an enactment have corresponding meanings in the same enactment.
Words in the singular include the plural and words in the plural include the singular.
Compare: 1924 No 11 s 4
A word or expression used in a regulation, Order in Council, Proclamation, notice, rule, bylaw, Warrant, or other instrument made under an enactment has the same meaning as it has in the enactment under which it is made.
Compare: 1924 No 11 s 7
(1) A period of time described as beginning at, on, or with a specified day, act, or event includes that day or the day of the act or event.
(2) A period of time described as beginning from or after a specified day, act, or event does not include that day or the day of the act or event.
(3) A period of time described as ending by, on, at, or with, or as continuing to or until, a specified day, act, or event includes that day or the day of the act or event.
(4) A period of time described as ending before a specified day, act, or event does not include that day or the day of the act or event.
(5) A reference to a number of days between 2 events does not include the days on which the events happened.
(6) A thing that, under an enactment, must or may be done on a particular day or within a limited period of time may, if that day or the last day of that period is not a working day, be done on the next working day.
Compare: 1924 No 11 s 25(a), (b)
A reference to a distance means a distance measured in a straight line on a horizontal plane.
Compare: 1924 No 11 s 25(c)
The enactments specified in Schedule 1 are amended in the manner indicated in that schedule.
(1) The enactments specified in Schedule 2 are repealed.
(2) Section 26 of the Acts Interpretation Act 1908 as set out in Schedule 2 of the Acts Interpretation Act 1924 continues in force despite the repeal of both of those Acts.
Schedule 1 |
Schedule 2 |
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
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 Interpretation Act 1999. The reprint incorporates all the amendments to the Act as at 1 October 2008, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.
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).
Policing Act 2008 (2008 No 72): section 130(1)
Interpretation Amendment Act 2005 (2005 No 13)
Electronic Transactions Act 2002 (2002 No 35): section 38
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