Reprint as at 1 April 2020

Coat of Arms of New Zealand

Legislation Act 2019

Public Act
 
2019 No 58
Date of assent
 
28 October 2019
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Parliamentary Counsel Office.

Contents

1Title
2Commencement
3Purpose of this Act
4Overview of this Act
5Interpretation
6Transitional, savings, and related provisions
7Act binds the Crown
8Purposes of this Part
9Application of this Part
10How to ascertain meaning of legislation
11Legislation applies to circumstances as they arise
12Legislation does not have retrospective effect
13Definitions of terms for all legislation
14Meaning of de facto relationship
15Meaning of step-parent, etc
16References to specific gender or kind of person include others
17When sending by post is taken as done
18Parts of speech have corresponding meaning
19Words in singular include plural and vice versa
20Words used in secondary legislation or other instruments have same meaning as in empowering legislation
21Anything done under secondary legislation or other instrument is also done under Act
22Legislation not binding on the Crown
23Examples do not limit provision
24Outline of commencement provisions
25Date on which Acts commence
26Date on which secondary legislation commences
27Time at which legislation commences
28When legislation commences if calculated by number of months
29Power to make commencement order
30Amendments part of, and construed with, legislation amended
31References to repeal or amendment extend to other ceasing of effect
32Effect of repeal or amendment generally
33Effect of repeal or amendment on existing rights and proceedings
34Effect of repeal or amendment on prior offences and breaches of legislation
35Powers exercised under repealed or amended legislation have continuing effect
36Legislation made under repealed legislation has continuing effect
37How to apply references to new legislation that is not yet in force
38How to apply references to repealed legislation
39Time of repeal of legislation on particular day
40Authority to make secondary legislation
41Secondary legislation may make consequential amendments to other secondary legislation
42Amendments made to secondary legislation by Act do not prevent later amendments
43When powers can be exercised before commencement
44Limit on when pre-commencement exercise of powers takes effect
45Power to appoint person to an office includes related powers
46Power to do things may be exercised to correct errors
47Powers of office holder may be exercised by acting office holders
48Power to make includes power to amend or revoke
49Power to make different provision for classes of matters
50Power to identify matters using classes
51Exercise or performance of powers, functions, and duties more than once
52Use of approved or prescribed forms
53Extension of power to approve or prescribe forms
54When periods start and end
55Extension for doing thing if day or last day is not working day
56Calculating periods of months (except for commencement of legislation)
57Determining time generally
58Determining measurements of distance
59Meaning of revision Act and old law
60Revision Act is generally to have same effect as old law
61Using old law as interpretation guide for revision Act
62Exceptions: when revision Act changes effect of old law
63Interpretation
64Power for secondary legislation to incorporate material by reference
65Schedule 2 applies if material incorporated by reference
66Effect of amendments to material incorporated by reference
67What legislation is drafted by PCO
68Power to authorise IRD to draft Inland Revenue Bills
69PCO must publish all legislation
70PCO must publish consolidations of legislation that is amended
71How and when PCO must publish legislation and consolidations of legislation
72How and when electronic versions of legislation must be available on legislation website
73Maker must publish secondary legislation not published by PCO (if required)
74Applicable publication requirements for secondary legislation not published by PCO
75Applicable publication requirements for secondary legislation with international transparency obligations under CPTPP
76Chief Parliamentary Counsel must support international transparency obligations
77Definitions for purposes of international transparency obligations
78Official versions of legislation
79Legal status of official versions
80Evidential status of minimum legislative information
81Judicial notice of legislation
82Power to revoke spent secondary legislation and other instruments
83Attorney-General directions under this Part
84Purpose of this subpart
85Interpretation
86Power to make editorial changes
87Editorial changes
88Changes to numbering
89Changes to format
90When changes take effect
91Changes to be noted in legislation
92Purpose of this subpart
93Overview of this subpart
94Interpretation
95Three-yearly revision programme
96Revision powers
97Format of revision Bill
98Certification of revision Bill
99Amendments proposed by revision Bills
100PCO’s annual report may address matters relating to revision and editorial changes
101Purpose of this Part
102Interpretation in this Part
103Chief executives must prepare and publish disclosure statements for Government-initiated legislation
104What must be contained, or linked to, in disclosure statements
105Disclosure statement requirements do not apply to certain Bills and amendments
106Chief executives must act independently and include statement of responsibility
107Government notice must be issued to support consistent approach across agencies
108Government notice may be issued only with approval of House of Representatives
109Factors to be considered in determining classes of legislation requiring disclosure statements
110Ministerial direction may be given to support consistent approach across agencies
111Disclosure relates only to information available to public under Official Information Act 1982
112Validity of legislation not affected by failure to comply with this Part
113Purpose of this Part
114Secondary legislation must be presented to House of Representatives
115All secondary legislation subject to disallowance, with limited exceptions
116House of Representatives may disallow secondary legislation by resolution
117Secondary legislation disallowed if House of Representatives does not dispose of motion to disallow
118Effect of disallowance on legislation
119House of Representatives may amend or replace secondary legislation
120Resolution or motion is secondary legislation
121Definitions used in this subpart
122What secondary legislation must be confirmed under this subpart
123Secondary legislation must be confirmed by deadline (or otherwise will be revoked)
124How to confirm secondary legislation
125Usual effect of revocation if not confirmed by deadline
126Effect on some legislation of not being confirmed by deadline (whether or not earlier revoked)
127Confirmable secondary legislation must state this fact
128Parliamentary Counsel Office continues
129Objective of PCO
130Functions of PCO
131Confidentiality
132Powers of Chief Parliamentary Counsel
133Delegation of functions, duties, and powers
134Revocation of delegations
135Chief Parliamentary Counsel
136Parliamentary counsel
137Chief Parliamentary Counsel and parliamentary counsel to hold legal qualification
138Other employees of PCO
139Remuneration and conditions of appointment of Chief Parliamentary Counsel
140Chief Parliamentary Counsel acts as employer
141Collective agreements
142Employment principles
143Appointments on merit
144Chief Parliamentary Counsel to establish procedure for notifying vacancies and appointments, and reviewing appointments
145Secondments from elsewhere in State Services for developing senior leadership and management capability
146Protection from liability
147Regulations
148Review of revision programme provisions after 30 June 2020
Reprint notes

The Parliament of New Zealand enacts as follows: