Government Bill
84—1
This Bill confirms and validates certain subordinate legislation that, in accordance with confirmation and validation provisions in the Acts under which it is made, lapses at a stated time unless earlier confirmed or validated by Act of Parliament.
Clause 1 states the Title the Bill will have when enacted.
Clause 2 provides that the Bill, when enacted, comes into force on the day after the date on which it receives the Royal assent.
Clause 3(1) states the purpose of the Bill when enacted. Most subordinate legislation is confirmed, but the orders in clauses 10, 12, and 13 are validated and confirmed because the Acts under which they are made provide that they expire at a stated time unless earlier validated and confirmed. However, the effect of the validations is limited by clause 4 because, as clause 3(2) provides, their purpose is only to prevent the expiry of those orders.
Clause 4 ensures, in the light of their purpose, which is only to prevent expiry of the orders validated, that the validations effected by clauses 10, 12, and 13 do not also cure any invalidity.
Clause 5 ensures that the Bill, when enacted, binds the Crown.
Clause 6 repeals the Subordinate Legislation (Confirmation and Validation) Act 2008, which is now spent.
Clause 7 confirms regulations under the Animal Products Act 1999.
Clause 8 confirms 6 orders under the Commodity Levies Act 1990.
Clause 9 confirms 7 orders under the Customs and Excise Act 1996.
Clause 10 validates and confirms an order under the following Acts:
New Zealand Superannuation and Retirement Income Act 2001:
Social Security Act 1964.
Clause 11 confirms an order under the Road User Charges Act 1977.
Clause 12 validates and confirms 3 orders under the Tariff Act 1988.
Clause 13 validates and confirms an order under the War Pensions Act 1954.
Clause 14 confirms an order under the Wine Act 2003.
Hon Gerry Brownlee
Government Bill
84—1
The Parliament of New Zealand enacts as follows:
This Act is the Subordinate Legislation (Confirmation and Validation) Act 2009.
This Act comes into force on the day after the date on which it receives the Royal assent.
(1) The purpose of this Act is to confirm and validate certain subordinate legislation that, in accordance with confirmation and validation provisions in the Acts under which it is made, lapses at a stated time unless earlier confirmed or validated by Act of Parliament.
(2) The validations effected by sections 10, 12, and 13 are limited by section 4 because their purpose is only to prevent the expiry of the enactments validated.
In the light of their purpose, the validations effected by sections 10, 12, and 13 do not—
(a) express an intention to give legislative force to the provisions of the enactments validated; or
(b) apply to any reason for invalidating any of those enactments; or
(c) override any presumption that would otherwise apply to any of those enactments.
This Act binds the Crown.
The Subordinate Legislation (Confirmation and Validation) Act 2008 (2008 No 102) is repealed.
The Animal Products (Fees, Charges, and Levies) Amendment Regulations 2009 (SR 2009/167) are confirmed.
The following orders are confirmed:
(a) Commodity Levies (Passionfruit) Order 2008 (SR 2008/343):
(b) Commodity Levies (Summerfruit) Order 2008 (SR 2008/344) :
(c) Commodity Levies (Satsuma Mandarins) Order 2008 (SR 2008/369):
(d) Commodity Levies (Wheat Grain) Order 2008 (SR 2008/370):
(e) Commodity Levies (Milksolids) Order 2009 (SR 2009/9):
(f) Commodity Levies (Non-proprietary and Uncertified Herbage Seeds) Order 2009 (SR 2009/62).
The following orders are confirmed:
(a) Customs Export Prohibition Order 2008 (SR 2008/240):
(b) Customs Import Prohibition Order 2008 (SR 2008/241):
(c) Excise and Excise-equivalent Duties (Tobacco Products Indexation) Amendment Order 2008 (SR 2008/441):
(d) Customs Export Prohibition (Toothfish) Order 2009 (SR 2009/64):
(e) Customs Import Prohibition (Toothfish) Order 2009 (SR 2009/65):
(f) Excise and Excise-equivalent Duties (Alcoholic Beverages Indexation) Amendment Order 2009 (SR 2009/146):
(g) Excise and Excise-equivalent Duties (Motor Spirits) Amendment Order 2009 (SR 2009/221).
The Social Security (Rates of Benefits and Allowances) Order 2009 (SR 2009/27) is validated and confirmed.
The Road User Charges (Rates) Order 2009 (SR 2009/220) is confirmed.
The following orders are validated and confirmed:
(a) Tariff Amendment Order 2008 (SR 2008/221):
(b) Tariff (Other Spirits Restructure) Amendment Order 2008 (SR 2008/259):
(c) Tariff Amendment Order (No 2) 2008 (SR 2008/337).
The War Pensions (Rates of Pensions, Lump Sum Payments, and Allowances) Order 2009 (SR 2009/21) is validated and confirmed.
The Wine (Non-grape Wine Levy) Order 2008 (2008/249) is confirmed.