39 Instruments that have significant legislative effect

(1)

An instrument has a significant legislative effect if the effect of the instrument is to do both of the following:

(a)

create, alter, or remove rights or obligations; and

(b)

determine or alter the content of the law applying to the public or a class of the public.

(2)

For the purposes of subsection (1),—

(a)

an instrument that determines or alters the temporal application of rights or obligations must be treated as having the effect described in paragraph (a) of that subsection; and

(b)

an instrument that determines or alters the temporal application of the law applying to the public or a class of the public must be treated as having the effect described in paragraph (b) of that subsection.

(3)

In applying subsection (1), the following must be disregarded:

(a)

the description, form, and maker of the instrument:

(b)

whether all or a portion of the instrument makes it a confirmable instrument:

(c)

whether it also contains provisions that are administrative.

(4)

An instrument does not have a significant legislative effect if it explains or interprets rights or obligations in a non-binding way, as long as the instrument does not do anything else that would bring it within subsection (1).

(5)

An instrument that is made in the exercise of a statutory power and imposes obligations in an individual case does not determine or alter the content of the law just because the statutory power applies generally or to a class of persons.

Compare: Legislative Instruments Act 2003 ss 4–11 (Aust)

Section 39(3)(b): replaced, on 1 January 2016, by section 9 of the Legislation (Confirmable Instruments) Amendment Act 2015 (2015 No 120).