Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018

  • Previous title has changed
63 New Part 2A inserted

After Part 2, insert:

Part 2A Publishing, for international transparency, of copies of and links to certain subordinate legislation

Purpose, overview, and definitions

36A Purpose of this Part

The purpose of this Part is to help New Zealand meet its international transparency obligations.

36B Overview of this Part

(1)

This Part applies to instruments if—

(a)

they are made under an enactment by a Minister of the Crown or a central government entity, and have a significant legislative effect; and

(b)

they are not published (under Part 2) as, or as if they were, legislative instruments; and

(c)

publication under this Part of copies of them, and links to them, would help New Zealand meet its international transparency obligations.

(2)

This Part—

(a)

requires copies of the instruments to be published on the maker’s website, if no other enactment requires that; and

(b)

requires to be in or with the copies, as so published, all the details necessary or desirable for meeting all applicable international transparency obligations; and

(c)

requires links to them, as so published, to be forwarded to the Chief Parliamentary Counsel, and published on the central website.

(3)

This section is only a general guide to this Part.

36C Instrument, and other terms, defined

(1)

Instrument, in this Part, means an instrument—

(a)

that is made under an enactment by a Minister of the Crown or a central government entity (even if the Minister or entity is performing a statutorily independent function); and

(b)

that has, or a portion of which has, under section 39 (read with the related sections 37 and 40), a significant legislative effect; and

(c)

that is related to international transparency obligations (because the publishing under this Part of copies of and links to the instrument would help meet those obligations); and

(d)

that is not, and is not an instrument published (under section 14, or another enactment) as if it were, a legislative instrument.

(2)

In this Part, unless the context otherwise requires,—

central government entity means any of the following (or a decision-making person or body in or related to, or acting through or for, any of the following):

(a)

a government department named in Schedule 1 of the State Sector Act 1988, including any departmental agency that, under section 27A and Schedule 1A of that Act, is part of that department:

(b)

a Crown entity (as defined in section 7(1) of the Crown Entities Act 2004, but excluding a school board of trustees and a tertiary education institution):

(c)

the Reserve Bank of New Zealand:

(d)

any other instrument of the Crown prescribed, for the purposes of this paragraph, by an order made under subsection (3)

central website means an Internet site maintained by or on behalf of the New Zealand Government

details, for an instrument at any time, means all information necessary or desirable for meeting, for that instrument at that time, all applicable international transparency obligations

international transparency obligations means obligations—

(a)

under paragraph 5 of Article 26.2 (publication) of Chapter 26 (transparency and anti-corruption) of the Trans-Pacific Partnership Agreement done at Auckland on 4 February 2016; or

(b)

under that provision as incorporated into the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago, Chile, on 8 March 2018, by Article 1.1 of that agreement

links, in relation to an instrument at any time, means all information necessary or desirable to enable a user at that time to access, using the central website, the instrument as published and made available on the maker’s website

maker, in relation to an instrument, means the person empowered to make the instrument

maker’s website, in relation to an instrument, means an Internet site (other than the central website) maintained by or on behalf of the maker

published and made available, for copies of or links to an instrument and an Internet site, means that the copies or links are published electronically on, and so far as practicable able to accessed at, or downloaded from, the site.

(3)

The Governor-General may, by Order in Council, prescribe any other instrument of the Crown for the purposes of paragraph (d) of the definition of central government entity in subsection (2).

Duty to publish and make available copies on maker’s website

36D Maker must ensure instrument is published and made available

(1)

This section applies to an instrument—

(a)

made after the commencement of Part 5 (amendments to Legislation Act 2012) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018; and

(b)

unless an enactment other than this section requires a copy of the instrument to be published and made available on the maker’s website.

(2)

The maker must ensure that a copy of the instrument is as soon as practicable published and made available on the maker’s website.

Duty to ensure details are in or with copies as on maker’s website

36E Maker must ensure details are in or with instrument

(1)

This section applies to an instrument—

(a)

made after the commencement of Part 5 (amendments to Legislation Act 2012) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018; and

(b)

a copy of which is published and made available on the maker’s website.

(2)

The maker must ensure that the instrument’s details are in or with a copy of the instrument as published and made available on the maker’s website.

(3)

However, details of an instrument are taken to be in or with a copy of the instrument as published and made available on the maker’s website if—

(a)

the instrument amends (without also replacing wholly) a principal instrument; and

(b)

the details relate to the amendments the instrument makes to the principal instrument; and

(c)

the details are in or with a compilation of the principal instrument published and made available on the maker’s website.

(4)

The Chief Parliamentary Counsel must give all or any makers, and ensure there is or are in force for all instruments, a direction or directions setting out, in general terms, the nature of their details.

(5)

A direction given under this section—

(a)

must as soon as practicable be published and made available on the central website:

(b)

is not a legislative instrument, or a disallowable instrument, for the purposes of this Act, and does not have to be presented to the House of Representatives under section 41.

(6)

The maker must, if required to do so by a document given by the Chief Parliamentary Counsel, republish a copy of the instrument promptly on the maker’s website in a form that complies with this section.

Links to be forwarded and made available on central website

36F Links to be forwarded as directed

(1)

This section applies to an instrument—

(a)

made after the commencement of Part 5 (amendments to Legislation Act 2012) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018; and

(b)

a copy of which is published and made available on the maker’s website.

(2)

The maker must forward the instrument’s links to the Chief Parliamentary Counsel, without delay and in line with all applicable directions given under this section.

(3)

The Chief Parliamentary Counsel must give all or any makers, and ensure there is or are in force for all instruments, a direction or directions setting out, in general terms, the nature of their links and the form and manner in which they are to be forwarded.

(4)

A direction given under this section—

(a)

must as soon as practicable be published and made available on the central website:

(b)

is not a legislative instrument, or a disallowable instrument, for the purposes of this Act, and does not have to be presented to the House of Representatives under section 41.

36G Links forwarded and other instruments must be published and made available

The Chief Parliamentary Counsel must ensure that the following are as soon as practicable published and made available on the central website:

(a)

links forwarded under section 36F:

(b)

legislative instruments published under section 6 (including instruments published under section 14).

Section 63: amended, on 26 October 2018, by section 12(1) of the Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 (2018 No 41).

Section 63: amended, on 26 October 2018, by section 12(2) of the Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 (2018 No 41).

Section 63: amended, on 26 October 2018, by section 12(3) of the Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 (2018 No 41).

Section 63: amended, on 26 October 2018, by section 12(4) of the Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 (2018 No 41).

Section 63: amended, on 26 October 2018, by section 12(5) of the Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 (2018 No 41).

Section 63: amended, on 26 October 2018, by section 12(6) of the Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 (2018 No 41).

Section 63: amended, on 26 October 2018, by section 12(7) of the Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 (2018 No 41).

Section 63: amended, on 26 October 2018, by section 12(8) of the Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 (2018 No 41).

Section 63: amended, on 26 October 2018, by section 12(9) of the Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 (2018 No 41).

Section 63: amended, on 26 October 2018, by section 12(10) of the Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 (2018 No 41).

Section 63: amended, on 26 October 2018, by section 12(11) of the Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 (2018 No 41).

Section 63: amended, on 26 October 2018, by section 12(12) of the Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 (2018 No 41).

Section 63: amended, on 26 October 2018, by section 12(13) of the Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 (2018 No 41).

Section 63: amended, on 26 October 2018, by section 12(14) of the Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 (2018 No 41).

Section 63: amended, on 26 October 2018, by section 12(15) of the Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 (2018 No 41).

Section 63: amended, on 26 October 2018, by section 12(16) of the Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 (2018 No 41).

Section 63: amended, on 26 October 2018, by section 12(17) of the Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 (2018 No 41).

Section 63: amended, on 26 October 2018, by section 12(18) of the Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 (2018 No 41).

Section 63: amended, on 26 October 2018, by section 12(19) of the Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 (2018 No 41).

Section 63: amended, on 26 October 2018, by section 12(20) of the Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 (2018 No 41).

Section 63: amended, on 26 October 2018, by section 12(21) of the Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 (2018 No 41).

Section 63: amended, on 26 October 2018, by section 12(22) of the Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 (2018 No 41).

Section 63: amended, on 26 October 2018, by section 12(23) of the Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 (2018 No 41).

Section 63: amended, on 26 October 2018, by section 12(24) of the Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 (2018 No 41).