Legislation Bill

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Legislation Bill

Government Bill

162—1

Explanatory note

General policy statement

The purpose of this Bill is to modernise and improve the law relating to the publication, availability, reprinting, revision, and official versions of legislation and to bring this law together in a single piece of legislation. This Bill contributes towards the achievement of the Government’s key policy goals in the area of—

  • regulatory reform (by reducing the need for technical remedial legislation as a consequence of enhanced reprinting powers); and

  • innovation and business assistance (by improving access to old archaically expressed law through a programme of revision of old statutes).

Key policy decisions implemented in this Bill include the following:

  • the Parliamentary Counsel Office (the PCO) will be required to publish legislation electronically as well as in printed form:

  • the PCO will be able to issue official versions of legislation in electronic and printed form (being versions that are presumed to be correct):

  • the PCO's reprinting powers will be enhanced to enable the PCO to correct obvious errors and (if authorised by Order in Council for the purpose) to renumber older legislation:

  • a 3-yearly programme of systematic revision of Acts is established:

  • legislation providing for the disallowance of subordinate legislation is modernised and existing Acts are consequentially amended to specify whether particular subordinate legislation is disallowable:

  • enabling powers and related processes are provided to enable certain kinds of subordinate legislation to incorporate material by reference:

  • outdated aspects of the Statutes Drafting and Compilation Act 1920, particularly those relating to the appointment of counsel and the organisational structure of the PCO, are replaced by modern legislation that continues the PCO as a separate statutory office.

This Bill implements the majority of the legislative recommendations made in the Law Commission reports—

  • Presentation of New Zealand Statute Law, October 2008 (NZLC R104):

  • Review of the Statutes Drafting and Compilation Act 1920, May 2009 (NZLC R107).

NZLC R104 was prepared in conjunction with the PCO and NZLC R107 in consultation with the PCO.

NZLC R104 is primarily concerned with how to present our Acts of Parliament so people can find the law and how to ensure the law is up to date. At the heart of this report is a basic obligation of the State, expressed by the Law Commission as follows:

  • The state has an obligation to make law accessible to citizens. People have to obey the law; ignorance of it is no excuse. So they need to be able to find it and understand it. They will not respect the law if they cannot. Moreover, law which is not accessible is expensive in terms of both time and money.1

As recommended by NZLC R104, this Bill replaces the Statutes Drafting and Compilation Act 1920, the Acts and Regulations Publication Act 1989, and the Regulations (Disallowance) Act 1989. In NZLC R104, the Law Commission also recommended that any new Bill to replace those Acts should also include the content of the Interpretation Act 1999, but the Government does not support carrying over the Interpretation Act 1999 in its current form without first conducting a policy review of its content in consultation with the Judiciary, the legal profession, and other interested persons or organisations. The legislative recommendations in NZLC R104 that are implemented by this Bill are in Parts 2 and 3 of the Bill.

The main legislative recommendations in NZLC R104 are set out in the following list together with an indication of whether an item is included in this Bill (. indicates that an item is included in the Bill and × indicates that an item is not included):

  • continuation of the obligation to produce printed copies of legislation (. to be provided for by Order in Council):

  • making existing Acts available free of charge on the New Zealand Legislation website (. ) and adding historical Acts to that collection in the near future:

  • enhanced powers to correct errors and make other editorial changes when reprinting legislation (. ):

  • a 3-yearly programme of revision of Acts (. ):

  • powers to alter the wording, order, and placement of the provisions being revised (. ):

  • establishment of a certification committee to vet revision Bills (. ):

  • a streamlined Parliamentary procedure for passing revision Bills (×):

  • combining the Acts and Regulations Publication Act 1989 (. ), Interpretation Act 1999 (×), Regulations (Disallowance) Act 1989 (. ), and the Statutes Drafting and Compilation Act 1920 (. ).

NZLC R107 reviews the status, functions, responsibilities, and powers of the PCO and reviews the Statutes Drafting and Compilation Act 1920. The legislative recommendations in NZLC R107 that are implemented by this Bill are in Part 4 of this Bill.

The main legislative recommendations in NZLC R107 are set out in the following list together with an indication of whether an item is included in this Bill (. indicates that an item is included in the Bill and × indicates that an item is not included):

  • the PCO continues as a separate statutory office (under the same name but not to be described as an office of Parliament), outside the core Public Service, under the control of the Attorney-General (. ):

  • the Chief Parliamentary Counsel to be appointed for a fixed term by the Governor-General, but other counsel to be subject to the Employment Relations Act 2000 (. ):

  • existing counsel continue on terms no less favourable than previously (. ):

  • the functions of the PCO be listed in the legislation (. ), including the function of providing free and frank advice (×):

  • the legislation state that one of its purposes is to facilitate legislation of high quality (. ):

  • the legislation should include power for the Chief Parliamentary Counsel to delegate his or her functions and powers (. ):

  • the PCO should no longer be divided into 2 departments (. ).

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 provides that clauses 9 and 22 will be brought into force by Order in Council (with a default date of 1 July 2013 if not brought into force by order before that date) and that the rest of the Bill will come into force on 1 July 2011. It is necessary to defer the commencement of clauses 9 and 22 until the process of officialising the legislation database is completed and any necessary regulations are developed for this purpose under clause 22.

Part 1
General provisions

Clause 3 lists the purposes of the Bill.

Clause 4 defines terms used in the Bill. The key new defined terms are—

  • disallowable instrument, which has the meaning given in clause 37. This term is used primarily in subpart 1 of Part 3 but is also used elsewhere in the Bill. The definition is intended to capture instruments that are legislative orders, are expressly stated by an Act to be disallowable instruments, or have a significant legislative effect (within the meaning of clause 38). Where an existing Act applies the Regulations (Disallowance) Act 1989 to a particular kind of legislative instrument, it is intended that the Schedule of this Bill will update that provision by stating that legislative instruments of that kind are disallowable instruments under subpart 1 of Part 3 of this Bill. So, the definition will need to be applied only if the empowering Act is silent about the status of the instrument for the purpose of disallowance:

  • legislative order is a new term and is used primarily for the purpose of Part 2 of the Bill. The definition is intended to capture most Orders in Council and ministerial instruments (such as Gazette notices) that amend an Act or define a term used in an Act. Under Part 2, the PCO will publish legislative orders, reprints of legislative orders and regulations, and some class exemption notices under various Acts, but will not have to publish other subordinate legislative instruments. The term regulations is already defined in the Interpretation Act 1999 and that definition will usually apply where an enactment uses that term.

Clause 5 provides that the Bill binds the Crown.

Part 2
Law relating to publishing, reprinting, and revising legislation

Subpart 1Publishing legislation

Background

At present, the only official versions of New Zealand legislation are those published in paper form under the authority of the Government. These versions take the form of pamphlet copies and annual bound volumes. The New Zealand Legislation website went live at the beginning of 2008 and provides free electronic access to copies of Acts and regulations. Work is under way in the PCO to check the database and ensure it is up to date so that its legislative content can be officialised—made as authoritative as official hard copies—after the Bill is passed.

Responsibilities and requirements

Clause 6 changes the existing obligation under section 4 of the Acts and Regulations Publication Act 1989 by requiring the Chief Parliamentary Counsel to make arrangements for the publication of electronic versions of legislation and by providing for the publication of printed versions to be authorised or required by Order in Council. In its response to NZLC R104, the Government has agreed to continue publishing legislation in printed form until the legislation database is officialised and then to review the situation. The PCO will continue to publish Acts, reprints of Acts, and reprints of regulations, as required or authorised by this clause. However, the PCO will not continue to publish all new regulations. Instead, the PCO will publish legislative orders (which will include most regulations but exclude individual exemption notices and similar instruments). The clause also imposes an obligation to ensure that publication is done in a timely fashion.

Availability

Clause 7 requires the Attorney-General to specify where copies of legislation can be purchased and replaces section 9 of the Acts and Regulations Publication Act 1989. A list of retail outlets that stock New Zealand legislation is available on the PCO Internet site.

Clause 8 requires the Chief Parliamentary Counsel to ensure that printed copies of legislation that are published under clause 6 are available for purchase by the public at a reasonable price and replaces section 10 of the Acts and Regulations Publication Act 1989. The clause also provides that the price of copies can be determined having regard to the cost of printing and sale.

Clause 9 requires the Chief Parliamentary Counsel to ensure that official versions of legislation in electronic form are available to the public free of charge. Regulation-making powers are included in clause 22 for the purpose of specifying the manner in which these versions are to be made available electronically.

Forwarding to Chief Parliamentary Counsel

Clause 10 requires that copies of legislative orders be forwarded to the Chief Parliamentary Counsel without delay after the orders are made. This clause replaces section 5 of the Acts and Regulations Publication Act 1989.

Numbering and notification

Clause 11 requires that legislative orders published by the PCO be numbered and replaces section 11 of the Acts and Regulations Publication Act 1989.

Clause 12 requires the Chief Parliamentary Counsel to notify the making of legislative orders by placing a notice in the Gazette and replaces section 12 of the Acts and Regulations Publication Act 1989.

Clause 13 provides that the publication in the Gazette of a notice of the making of an instrument (the notice given under clause 12) satisfies any statutory requirement to publish or notify the instrument in the Gazette. This clause replaces section 13 of the Acts and Regulations Publication Act 1989.

Other instruments

Clause 14 allows the Attorney-General or the Chief Parliamentary Counsel to publish an instrument that does not have to be published because it is not a legislative order. This clause replaces section 14 of the Acts and Regulations Publication Act 1989. An example of an instrument published under section 14 is the Telecommunications (Operational Separation) Determination 2007 (SR 2007/302). The kind of instrument that could be published in reliance on this provision includes, for example, instruments that are legislative in character or affect a wide cross section of the public.

Revocation of spent instruments

Clause 15 empowers the making of Orders in Council that revoke spent subordinate legislation and replaces section 16 of the Acts and Regulations Publication Act 1989. The Attorney-General must be satisfied that the instrument has ceased to have effect or is no longer required. An example of an order made under section 16 is the Regulations Revocation Order 2008 (SR 2008/367).

Judicial notice of legislation

Clause 16 requires that judicial notice be taken of Acts, regulations, and legislative orders. This clause replaces sections 16A and 16B of the Acts and Regulations Publication Act 1989. Sections 16A and 16B had, in turn, replaced sections 28 and 28A of the Evidence Act 1908. The purpose of these provisions is to ensure that the courts recognise an official copy of legislation for what it purports to be without requiring supporting evidence to prove its existence.

Official versions of legislation

Clause 17 enables the Chief Parliamentary Counsel to produce official versions of legislation in electronic form and printed form. This power is subject to any regulations made under clause 22.

Clause 18 states the legal effect of making a version an official version. In the absence of evidence to the contrary, it is presumed that—

  • the version correctly states the law:

  • changes made in a reprint are authorised:

  • an instrument was notified in the Gazette on the date indicated by the instrument.

Evidence of parliamentary journals

Clause 19 provides that parliamentary journals must be accepted in evidence in judicial proceedings and do not have to be proved. This clause replaces section 16E of the Acts and Regulations Publication Act 1989.

Form of copies and reprints of legislation

Clause 20 enables the Attorney-General to give directions about the form in which legislation must be published and replaces section 7 of the Acts and Regulations Publication Act 1989.

Clause 21 requires that legislative orders must refer to the empowering enactment, the date on which they were made, and the commencement date (if any). This clause replaces section 8 of the Acts and Regulations Publication Act 1989.

Regulations

Clause 22 contains regulation-making powers for the purposes of subpart 1 of Part 2. The regulations may—

  • set out requirements or conditions in respect of the manner in which official versions of legislation in electronic form are to be made available to the public under clause 9:

  • specify how an electronic or paper document is identifiable as an official version:

  • provide for incidental matters.

Subpart 2Reprints

Clause 23 defines certain terms used in this subpart and replaces definitions in section 17A of the Acts and Regulations Publication Act 1989.

Clause 24 provides that reprints may make the changes to legislation that are listed in clauses 25 (editorial changes) and 26 (changes to format). This authority is subject to the important limitation in subclause (2) (carried over from section 17C of the Acts and Regulations Publication Act 1989) that changes cannot change the effect of the legislation being reprinted. This clause also ensures that reprints can continue to update old references to repealed enactments under the authority of section 22 of the Interpretation Act 1999.

Clause 25 sets out the kind of editorial changes that can be made in a reprint. This clause closely follows recommendations in NZLC R104 and will bring New Zealand reprinting powers into line with those available in comparable Commonwealth jurisdictions. Key changes authorised by this clause include—

  • renumbering of legislation (for example, renumbering older legislation that has alphanumeric section numbers such as 106ZZK) as a result of insertions and substitutions:

  • updating the titles of offices or names of bodies that have changed:

  • typographical, clerical, and numbering errors may be corrected:

  • provisions in amending enactments that provide for savings or transitional matters, or contain validations, may be incorporated in a reprint of the principal legislation.

Clause 26 authorises reprints to change the format of legislation being reprinted and replaces section 17D of the Acts and Regulations Publication Act 1989.

Clause 27 requires that a reprint that makes changes authorised by this subpart must include a note of the changes. This clause replaces section 17F of the Acts and Regulations Publication Act 1989.

Subpart 3Revision Bills

This subpart implements most of the revision recommendations in NZLC R104 other than the recommended special procedure for passing revision Bills.

Preliminary provisions

Clause 28 defines terms used in this subpart.

Clause 29 gives an overview of the revision process under this subpart. A revision Bill is one that substantially re-enacts earlier law and is in a form that makes the earlier law more accessible. Unlike a reprint, a revision Bill will redraft the earlier law so that it is rationalised and arranged more logically, inconsistencies and overlaps are removed, obsolete and redundant provisions are repealed, and expression, style, and format are modernised and made consistent.

Preparation of revisions

Clause 30 requires the Attorney-General to prepare a rolling 3-year revision programme for each Parliament. In NZLC R104, the Law Commission recommends that the Chief Parliamentary Counsel be responsible for developing a revision programme. This clause places the responsibility with the Attorney-General and enables the revision programme to be developed in the same way as the Law Commission's work programme.

Clause 31 sets out the powers available to the PCO in the preparation of revisions. In addition to the changes that could be made in a reprint, this clause enables a revision to (among other things)—

  • revise, combine, or divide Acts:

  • adopt a new Title:

  • include new provisions (such as purpose and overview provisions) to aid accessibility and readability:

  • clarify the intent of the legislation:

  • update specified monetary amounts, having regard to movements in the Consumers Price Index:

  • make consequential amendments to other legislation affected by the revision.

Clause 32 relates to the format of a revision. A revision will have to be in the form of a Bill suitable for introduction into the House of Representatives and contain explanatory material describing the inconsistencies, anomalies, discrepancies, and omissions remedied by the Bill.

Clause 33 sets out a procedure for certifying a revision. The certifiers are the President of the Law Commission, the Solicitor-General, a retired Judge of the High Court nominated by the Attorney-General, and the Chief Parliamentary Counsel. The purpose of this procedure is to ensure that the revision powers have been exercised appropriately.

Interpretation of revision Acts

Clause 34 relates to the interpretation of revision Acts. The usual presumption will be that a revision Act is not intended to alter the spirit and meaning of the law. However, the usual presumption is displaced by any intentional change that is made under the limited powers to alter the law.

Review of this subpart

Clause 35 provides for a review of subpart 3 after it has been in operation for 6 years.

Part 3
Subordinate legislation: disallowable instruments and incorporation of material by reference

Subpart 1Disallowable instruments

Interpretation

Clause 36 defines certain terms used in this subpart. In particular, the terms obligations and rights are defined for the purposes of applying the provisions in clauses 37 to 39. Those provisions determine whether an instrument is a disallowable instrument, in the absence of a statement made for that purpose in another Act.

Clause 37 defines disallowable instrument. In general, an instrument will be disallowable under this subpart if it—

  • is a legislative order; or

  • is disallowable because of the operation of another enactment (for example, an Act may specifically state that an instrument is a disallowable instrument); or

  • has significant legislative effect as defined in clause 38.

Existing Acts that refer to the Regulations (Disallowance) Act 1989 are consequentially amended in the manner indicated by the Schedule so that they state whether or not an instrument is disallowable. So, the test in clause 38 will apply where an Act enables subordinate legislation to be made but is silent on the question of disallowance.

Clause 38 defines significant legislative effect. To qualify under this definition, the effect of the instrument must be—

  • to create, alter, or remove rights or obligations or to determine or alter the temporal application of rights or obligations; and

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

Clause 39 gives some examples of how the temporal application of rights or obligations can be altered or determined. An example is an instrument that appoints a date on which specified statutory rights or obligations come into force.

Presentation to House of Representatives

Clause 40 requires that legislative orders and those instruments that are stated by an Act to be disallowable instruments be presented to the House of Representatives not later than the 16th sitting day after they are made. This clause replaces section 4 of the Regulations (Disallowance) Act 1989. Arrangements are in place to ensure that this happens for instruments published by the PCO.

How instruments are disallowed

Clause 41 provides for actual disallowance by a resolution of the House of Representatives. A member of the House would start this process by giving notice of motion to disallow a regulation. This clause replaces section 5 of the Regulations (Disallowance) Act 1989.

Clause 42 provides for automatic disallowance of an instrument where certain things do not happen within 21 sitting days after a notice of motion to disallow the instrument has been given. This process is activated if, at the end of that period,—

  • the motion has not been withdrawn; or

  • the motion has not been disposed of in some way by the House; or

  • Parliament has not been dissolved and has not expired.

This clause replaces section 6 of the Regulations (Disallowance) Act 1989.

Effect of disallowance

Clause 43 provides that an actual disallowance or automatic disallowance of an instrument under this subpart has the same effect as a revocation. It follows that—

  • the earlier instrument is not revived:

  • a new instrument can be made in the usual way.

This clause replaces section 7 of the Regulations (Disallowance) Act 1989.

Clause 44 applies where the instrument being disallowed amended an Act or other instrument or repealed an Act or revoked an instrument. In such a case, the earlier enactment is restored or revived. This clause replaces section 8 of the Regulations (Disallowance) Act 1989.

Amendment or substitution of instruments by House of Representatives

Clause 45 empowers the House of Representatives to amend a disallowable instrument or replace the instrument. This power was exercised for the first time in 2008 to amend the Notice of Scopes of Practice and Related Qualifications Prescribed by the Nursing Council of New Zealand (see SR 2008/362). This clause replaces section 9 of the Regulations (Disallowance) Act 1989.

Notification of disallowance, amendment, or substitution

Clause 46 requires any actual or automatic disallowance of a disallowable instrument and any amendment or replacement of an instrument under this subpart to be notified by the Clerk of the House of Representatives. The notice is published by the PCO (see the explanation of clause 45 above for the only notice published under the current section). This clause replaces section 10 of the Regulations (Disallowance) Act 1989.

Subpart 2Incorporation by reference in instruments

This subpart is not related to NZLC R104 or NZLC R107, and contains provisions recommended by the Regulations Review Committee. In July 2004, the Committee presented its report Inquiry into material incorporated by reference (I.16G). Among other things, the report recommended that standard provisions devised by the Legislation Advisory Committee be used whenever a Bill is enabling regulations to incorporate material by reference. Legislative practice was changed to implement this approach and now numerous Acts contain these standard provisions or variations of them. By way of example, sections 405 to 413 of the Building Act 2004 provide for regulations and compliance documents to incorporate material in this way rather than providing for the material to be published in full in each instrument. In September 2008, the Regulations Review Committee presented its report Further inquiry into material incorporated by reference (I.16O), in which it recommended that the standard provisions be enacted in a statute of general application so that they need not be re-enacted each time they are required.

This subpart contains an enabling power together with procedural requirements that will apply whenever the enabling power is relied on to incorporate material by reference in subordinate legislation such as a regulation. The benefits include—

  • a clear and consistent standard procedure for incorporating material by reference:

  • not cluttering up the statute book with provisions for incorporation by reference:

  • saving time and effort when drafting Bills by removing the need for provisions about incorporation by reference to be repeated in each individual Act.

Appendix 4 of the Legislation Advisory Committee's Guidelines on process and content of legislation sets out principles for incorporation by reference. This Appendix can be viewed at: http://www.justice.govt.nz/lac/pubs/2001/legislative_guide_2000/appendix_4.html.

Clause 47 defines certain terms used in this subpart. In particular, this clause defines—

  • incorporation by reference to include partial incorporation of material and updating incorporated material to take in amendments made by the originating authority:

  • instrument to mean any instrument (other than a bylaw under the Bylaws Act 1910) that has legislative effect and is authorised by an enactment.

Clause 48 empowers subordinate legislation to incorporate material by reference and is based on section 22 of the Standards Act 1988. The intention is that, if an Act empowers the making of an instrument (such as regulations or other subordinate legislation) for the purposes of defining terms, prescribing matters, or making other provision in relation to activities or things, then the instrument will be able to incorporate material by reference in reliance on this clause. However, when this new enabling power is relied on, clauses 50 to 56 will apply and impose specified procedural requirements.

The following material can be incorporated by reference in reliance on this clause:

  • a standard, framework, code of practice, recommended practice, or requirement of an international or a national organisation:

  • a standard, framework, code of practice, recommended practice, or requirement prescribed in any country or jurisdiction:

  • other technical material that is too large to publish in the instrument.

Clause 49 relates to the application of this subpart. The rest of the subpart applies if clause 48 is relied on to incorporate material by reference. In particular, the consultation requirements in clause 50 and the accessibility requirements in clause 51 have to be complied with.

Clause 50 sets out the consultation requirements that apply before an instrument incorporating material by reference or amending or replacing such material is made wholly or partly in reliance on clause 48. The minimum requirements are—

  • copies of the proposed material must be available for inspection during working hours for a reasonable period, free of charge, at the inspection sites:

  • copies must be available for purchase:

  • copies of the proposed material must be made available, free of charge, on an Internet site maintained by or on behalf of the administering department, unless doing so would infringe copyright:

  • notice about access to the proposed material must be given in the Gazette:

  • a reasonable opportunity must be allowed for persons to comment on the proposal to incorporate material by reference:

  • any comments must be considered.

Clause 51 specifies how the responsible chief executive is to provide access to material incorporated by reference in an instrument in reliance on clause 48. The requirements are—

  • the incorporated material must be available for inspection during working hours free of charge at the inspection sites:

  • copies of the incorporated material must be available for purchase:

  • copies of the incorporated material must be made available, free of charge, on an Internet site maintained by or on behalf of the administering department, unless doing so would infringe copyright:

  • notice about access to the incorporated material must be given in the Gazette.

Clause 52 relates to the status of amendments to material that has been incorporated by reference in an instrument. If the originating organisation amends or replaces material that has been incorporated by reference in an instrument, the amendments or new material will have effect only if specifically applied by another instrument.

Clause 53 specifies how material incorporated by reference in regulations can be proved in court proceedings. The responsible chief executive can do this by producing a certified copy of the material.

Clause 54 relates to the application of subpart 1 of Part 2 of this Bill to an instrument and the material it incorporates by reference. Under this clause, the instrument will have to be published by the PCO only if it is a legislative order. Even if the instrument is drafted and published by the PCO, the material incorporated by reference does not have to be drafted and published by the PCO and does not have to be presented to the House of Representatives.

Clause 55 provides that an instrument that incorporates material by reference is disallowable.

Clause 56 provides that these provisions do not affect sections 22 to 25 of the Standards Act 1988. Sections 22 to 25 provide for the incorporation of New Zealand standards in regulations or bylaws, the citation of standards, the effect of references to standards, and how to prove whether a standard is a New Zealand standard.2

Part 4
Parliamentary Counsel Office

This Part largely implements NZLC R107.

Constitution and functions

Clause 57 continues the PCO as an instrument of the Crown and a separate statutory office under the control of the Attorney-General. Legislation that currently applies to the PCO, such as the Ombudsmen Act 1975, the State Sector Act 1988, the Public Finance Act 1989, and the Public Audit Act 2001, will continue to apply. However, the PCO will cease to be styled as an office of Parliament.

Clause 58 states the functions of the PCO, re-enacts the existing functions under the 1920 Act, and adds new functions. The changes are—

  • a recognition of the electronic publication of legislation:

  • the rolling 3-year revision programme:

  • reprinting will be carried out under greatly enhanced reprinting powers:

  • parliamentary counsel will advise departments and agencies about the drafting of tertiary legislation:

  • a provision based on section 9A of the Legislative Standards Act 1992 (Queensland) is added to ensure that drafting instructions received by the PCO, communications between any client of the PCO and any counsel in the PCO that relate to the subject matter of the instructions, and draft legislation prepared by the PCO are subject to legal professional privilege.

This clause also re-enacts section 8A of the 1920 Act. Section 8A of that Act enables the making of an Order in Council authorising the Inland Revenue Department to draft tax Bills. See the Inland Revenue Department (Drafting) Order 1995 (SR 1995/286).

Powers of Chief Parliamentary Counsel

Clause 59 gives the Chief Parliamentary Counsel the standard powers of a chief executive of a department under the State Sector Act 1988.

Clause 60 provides for delegations from the Chief Parliamentary Counsel and is based on section 12 of the Clerk of the House of Representatives Act 1988.

Clause 61 provides for a person to be authorised to act in place of the Chief Parliamentary Counsel during the latter's absence or incapacity. A standing delegation is required to be arranged for this purpose under clause 60.

Clause 62 provides for the revocation of delegations from the Chief Parliamentary Counsel and is based on section 13 of the Clerk of the House of Representatives Act 1988.

Chief Parliamentary Counsel and employees of PCO

Clause 63 relates to the office of Chief Parliamentary Counsel and provides that appointment to the office will continue to be made by the Governor-General on the recommendation of the Prime Minister. However, new appointments to the office will be for a specified period up to 7 years rather than at pleasure, and reappointments will be possible. This clause is based on sections 10 and 11 of the Clerk of the House of Representatives Act 1988 and sections 32 and 33 of the State Sector Act 1988, with an additional requirement that the appointee hold a legal qualification granted in a common law jurisdiction.

Clause 64 provides for the appointment of parliamentary counsel. A person appointed as such must hold a legal qualification granted in a common law jurisdiction and will be an employee for the purposes of the Employment Relations Act 2000. Other enactments that apply that Act in a similar way are section 25 of the Clerk of the House of Representatives Act 1988 and section 56 of the Policing Act 2008.

Clause 65 provides for the appointment of PCO staff other than parliamentary counsel.

Clause 66 relates to the remuneration and conditions of appointment of the Chief Parliamentary Counsel and re-enacts the existing arrangements under section 6A of the 1920 Act. Section 6A of that Act provides for the Remuneration Authority to fix the remuneration of the Chief Parliamentary Counsel.

Clause 67 provides that the Chief Parliamentary Counsel has all the rights, duties, and powers of an employer in respect of the parliamentary counsel and other employees for whom the Chief Parliamentary Counsel is responsible.

Clause 68 requires any collective agreement for PCO staff to be negotiated under the Employment Relations Act 2000.

Clause 69 requires the Chief Parliamentary Counsel to operate a personnel policy that complies with the principle of being a good employer.

Clause 70 provides that appointments made by the Chief Parliamentary Counsel under clause 64 or 65 must be on merit.

Clause 71 requires the Chief Parliamentary Counsel to put in place a procedure for—

  • notifying vacancies in the PCO:

  • notifying staff of appointments made to vacant positions:

  • reviewing appointments.

Repeals, consequential amendments, and savings

Clause 72 repeals the 1920 Act, the Acts and Regulations Publication Act 1989, and the Regulations (Disallowance) Act 1989. The clause also amends the definition of regulations in section 29 of the Interpretation Act 1999 in order to replace references to the Acts and Regulations Publication Act 1989 and the Regulations (Disallowance) Act 1989.

This clause also provides that—

  • the repeal of the 1920 Act does not affect the application of section 59 of the Copyright Act 1994 to the PCO. Section 59 provides that copyright is not infringed by anything done for the purposes of parliamentary proceedings. With the repeal of the 1920 Act, the PCO will no longer be described as an office of Parliament and the loss of that status potentially raises an issue about the continued application of section 59 to the PCO:

  • any notice given under section 9 of the Acts and Regulations Publication Act 1989 for the purpose of designating places where copies of legislation can be purchased will continue in force:

  • sections 16C and 16D of the Acts and Regulations Publication Act 1989 will continue in force to preserve the evidential value of printed copies of legislation until official versions under Part 2 of this Bill are available.

Clause 73 contains savings provisions about various office holders under the 1920 Act. The office of Compiler of Statutes is abolished and its functions will be assumed by the Chief Parliamentary Counsel. Existing parliamentary counsel will become employees in terms of the Employment Relations Act 2000 on terms and conditions no less favourable than those enjoyed by them previously. As a result, they, in effect, become permanent employees rather than serve at the Governor-General's pleasure.

The Schedule sets out consequential amendments to various Acts to replace existing references to the Acts and Regulations Publication Act 1989 and the Regulations (Disallowance) Act 1989 and to reflect the new provisions in Part 2 of this Bill that determine whether or not a piece of subordinate legislation will be published by the PCO. The main change is that the PCO will not publish individual exemption notices under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009, the Financial Advisers Act 2008, the Financial Reporting Act 1993, the Reserve Bank of New Zealand Act 1989, the Securities Act 1978, the Securities Markets Act 1988, or the Takeovers Act 1993. However, the PCO will continue to publish class exemptions under any of those Acts.

Individual exemptions will be published on the responsible agency’s Internet site and an agency will be free to publish the exemption in full in the Gazette in order to obtain the benefit of section 141(2) of the Evidence Act 2006 (a provision that obviates the need to prove the document in court proceedings unless the Judge decides otherwise).

Table of key provisions

The following table shows where to find key provisions in the Bill.

Chief Parliamentary Counsel, cls 63, 73 Parliamentary counsel, cls 64, 73
Disallowance of subordinate legislation, cls 36–46 Parliamentary Counsel Office, cls 57, 58
Drafting of legislation, cl 58 Printed versions of legislation, cls 6–8, 17, 18
Electronic versions of legislation, cls 9, 17, 18, 22 Reprinting of legislation, cls 23–27
Incorporation by reference in subordinate legislation, cls 47–56 Revision Bills, cls 28–35
Official versions of legislation, cls 17, 18, 22 Staff of Parliamentary Counsel Office, cls 64–71, 73

Regulatory impact statement

In accordance with Cabinet Office Circular CO (09) 08, this explanatory note does not contain a regulatory impact statement for this Bill. A copy of the regulatory impact statement for this Bill is available at the following Internet sites:


Hon Christopher Finlayson

Legislation Bill

Government Bill

162—1

Contents

1 Title

2 Commencement

Part 1
General provisions

3 Purposes

4 Interpretation

5 Act binds the Crown

Part 2
Law relating to publishing, reprinting, and revising legislation

Subpart 1Publishing legislation

Responsibilities and requirements

6 Chief Parliamentary Counsel to arrange publication

Availability

7 Designation of places where printed copies of legislation may be purchased

8 Sale of copies of legislation

9 Availability of electronic versions of legislation

Forwarding to Chief Parliamentary Counsel

10 Copies of legislative orders to be forwarded to Chief Parliamentary Counsel

Numbering and notification

11 Numbering of legislative orders

12 Notice of making of legislative orders

13 Complying with requirement to publish or notify in Gazette by publishing and notifying under this Act

Other instruments

14 Publication of instruments other than legislative orders

Revocation of spent instruments

15 Power to revoke spent instruments

Judicial notice of legislation

16 Judicial notice of Acts, regulations, and legislative orders

Official versions of legislation

17 Electronic and printed official versions of legislation

18 Legal status of official version

Evidence of parliamentary journals

19 Copies of parliamentary journals to be evidence

Form of copies and reprints of legislation

20 Directions as to form of copies and reprints of legislation

21 Special requirements for copies of legislative orders

Regulations

22 Regulations

Subpart 2Reprints

23 Interpretation

24 Power to make changes in reprints

25 Editorial changes

26 Changes to format

27 Changes to be noted in reprint

Subpart 3Revision Bills

Preliminary provisions

28 Interpretation

29 Overview

Preparation of revisions

30 3-yearly revision programme

31 Revision powers

32 Format of revision Bill

33 Certification of revision Bill

Interpretation of revision Acts

34 Revision Acts not intended to change effect of law

Review of this subpart

35 Review after 6 years

Part 3
Subordinate legislation: disallowable instruments and incorporation of material by reference

Subpart 1Disallowable instruments

Interpretation

36 Interpretation

37 Disallowable instruments

38 Instruments that have significant legislative effect

39 Instruments that determine or alter temporal application

Presentation to House of Representatives

40 Legislative orders and disallowable instruments to be presented to House of Representatives

How instruments are disallowed

41 Disallowance of instruments by resolution of House of Representatives

42 Disallowance of instrument if motion to disallow not disposed of

Effect of disallowance

43 Effect of disallowance generally

44 Effect of disallowance on enactment amended, repealed, or revoked by disallowed instrument

Amendment or substitution of instrument by House of Representatives

45 Amendment or substitution of disallowable instrument by House of Representatives

Notification of disallowance, amendment, or substitution

46 Notice of resolution or motion

Subpart 2Incorporation by reference in instruments

47 Interpretation

48 Instruments that may incorporate material by reference

49 Application of this subpart

50 Requirement to consult on proposal to incorporate material by reference

51 Access to material incorporated by reference

52 Effect of amendments to material incorporated by reference

53 Proof of material incorporated by reference

54 Application of subpart 1 of Part 2 to instrument and material incorporated by reference

55 Application of subpart 1 of this Part to instrument incorporating material by reference

56 Application of Standards Act 1988, other enactments, and rules of law not affected

Part 4
Parliamentary Counsel Office

Constitution and functions

57 PCO continues as separate statutory office

58 Functions of PCO

Powers of Chief Parliamentary Counsel

59 Powers of Chief Parliamentary Counsel

60 Delegation of functions, responsibilities, duties, or powers

61 Absence or incapacity of Chief Parliamentary Counsel

62 Revocation of delegations

Chief Parliamentary Counsel and employees of PCO

63 Chief Parliamentary Counsel

64 Parliamentary counsel

65 Other employees of PCO

66 Remuneration and conditions of appointment of Chief Parliamentary Counsel

67 Chief Parliamentary Counsel acts as employer

68 Collective agreements

69 Employment principles

70 Appointments on merit

71 Chief Parliamentary Counsel to establish procedure for notifying vacancies and appointments, and reviewing appointments

Repeals, consequential amendments, and savings

72 Repeals, consequential amendments, and savings about legislative matters

73 Savings about former principal officers and other PCO staff

Schedule 
Consequential amendments to Acts


The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Legislation Act 2010.

2 Commencement
  • (1) Sections 9 and 22 come into force on the earlier of—

    • (a) a date appointed by the Governor-General by Order in Council:

    • (b) 1 July 2013.

    (2) One or more Orders in Council may be made under subsection (1) appointing different dates for different provisions.

    (3) The rest of this Act comes into force on 1 July 2011.

Part 1
General provisions

3 Purposes
  • The purposes of this Act are—

    • (a) to bring together in this Act the main provisions of New Zealand legislation that relate to the drafting, publication, and reprinting of legislation, and the disallowing of instruments:

    • (b) to provide for electronic and printed copies of Acts and legislative orders to be published:

    • (c) to provide for official versions of Acts and legislative orders to be published in electronic form:

    • (d) to facilitate the production of up-to-date reprints that are modernised and made consistent with current drafting practice concerning their mode of expression, style, and format:

    • (e) to make New Zealand statute law more accessible, readable, and easier to understand by facilitating the progressive and systematic revision of the New Zealand statute book so that—

      • (i) statute law is rationalised and arranged more logically:

      • (ii) inconsistencies and overlaps are removed:

      • (iii) obsolete and redundant provisions are repealed:

      • (iv) expression, style, and format are modernised and made consistent:

    • (f) to enable certain kinds of subordinate legislation to incorporate material by reference in reliance on this Act, subject to compliance with consultation and other requirements:

    • (g) to replace the Statutes Drafting and Compilation Act 1920 with modern legislation that continues the Parliamentary Counsel Office as a separate statutory office and facilitates the drafting and publishing of high-quality legislation.

4 Interpretation
  • In this Act, unless the context otherwise requires,—

    Chief Parliamentary Counsel means the person who for the time being holds that office under section 63

    disallowable instrument has the meaning given to it by section 37

    Imperial enactment means an Imperial enactment that has effect as part of the laws of New Zealand under the Imperial Laws Application Act 1988

    Imperial subordinate legislation means Imperial subordinate legislation that has effect as part of the laws of New Zealand under the Imperial Laws Application Act 1988

    legislation means any Act, Imperial enactment, Imperial subordinate legislation, regulations, or legislative order

    legislative order means—

    • (a) an Order in Council other than—

      • (i) an Order in Council that the empowering Act requires to be published in the Gazette:

      • (ii) an Order in Council that relates exclusively to an individual:

    • (b) an instrument made by a Minister that amends an Act or defines the meaning of a term used in an Act:

    • (c) an instrument that an Act requires to be published under this Act:

    • (d) resolutions of the House of Representatives that—

      • (i) revoke a disallowable instrument in whole or in part; or

      • (ii) amend a disallowable instrument; or

      • (iii) revoke and substitute a disallowable instrument

    official version, in relation to legislation, means a version of the legislation that has the status of an official version of the legislation under section 17

    PCO means the Parliamentary Counsel Office continued by section 57

    reprint means a version of legislation that—

    • (a) states, as at the date at which it is stated to be reprinted, the law enacted or made by the legislation reprinted and by the amendments (if any) to that legislation; and

    • (b) is published under this Act.

    Compare: 1989 No 142 ss 2, 16B(2)

5 Act binds the Crown
  • This Act binds the Crown.

Part 2
Law relating to publishing, reprinting, and revising legislation

Subpart 1Publishing legislation

Responsibilities and requirements

6 Chief Parliamentary Counsel to arrange publication
  • (1) The Chief Parliamentary Counsel must arrange for the publication of—

    • (a) copies of every Act enacted by Parliament after the commencement of this section; and

    • (b) copies of all legislative orders made after the commencement of this section; and

    • (c) any reprints of Acts and legislative orders, and any reprints of regulations made before the commencement of this section, issued by him or her in addition to reprints to which subsection (5) applies; and

    • (d) reprints of Imperial enactments and Imperial subordinate legislation.

    (2) A copy of every Act must be published in electronic form as soon as practicable after the Act is enacted.

    (3) A copy of every legislative order must be published in electronic form as soon as practicable after the order is made.

    (4) The Governor-General may, by Order in Council,—

    • (a) authorise or direct the Chief Parliamentary Counsel to arrange for the publication in printed form of any legislation or class of legislation specified in the order; and

    • (b) specify conditions to which the authorisation or direction is subject.

    (5) When an Act or a legislative order is amended after the commencement of this section, the Chief Parliamentary Counsel—

    • (a) must arrange for a reprint of the Act or legislative order to be published in electronic form so that an up-to-date version of the legislation is available in accordance with section 9 as soon as practicable; and

    • (b) may also arrange for the reprint to be published in printed form.

    (6) All copies and reprints of legislation published under this section must include a statement that they are published under the authority of the New Zealand Government.

    (7) The Chief Parliamentary Counsel performs functions under this section subject to any directions given by the Attorney-General.

    (8) An Order in Council made under subsection (4) is a legislative order and a disallowable instrument for the purposes of this Act and must be presented to the House of Representatives under section 40.

    Compare: 1989 No 142 s 4

Availability

7 Designation of places where printed copies of legislation may be purchased
  • (1) The Attorney-General must, by notice in the Gazette or in some other manner, designate places where printed copies of legislation that are published under section 6 are available for purchase by members of the public.

    (2) Copies may be made available for purchase by members of the public not only at the places designated under subsection (1) but also at other places.

    Compare: 1989 No 142 s 9

8 Sale of copies of legislation
  • (1) The Chief Parliamentary Counsel must ensure that printed copies of legislation that are published under section 6 are available for purchase by members of the public at the places designated under section 7(1).

    (2) The price of printed copies of legislation must be reasonable, having regard to the actual cost of printing and making the copies available for sale.

    (3) When the repeal or expiry of an Act or the revocation or expiry of regulations or a legislative order takes effect, subsection (1) ceases to apply to that legislation.

    Compare: 1989 No 142 s 10

9 Availability of electronic versions of legislation
  • (1) The Chief Parliamentary Counsel must ensure that, as far as practicable, official electronic versions of legislation issued under section 17 are at all times able to be accessed at, or downloaded from, an Internet site maintained by or on behalf of the New Zealand Government.

    (2) Official electronic versions of legislation must be made available under this section free of charge.

    (3) This section applies to all enacted legislation other than legislation that ceased to be in force before the commencement of this section.

    (4) This section is subject to any regulations made under section 22.

Forwarding to Chief Parliamentary Counsel

10 Copies of legislative orders to be forwarded to Chief Parliamentary Counsel
  • A copy of every legislative order made after the commencement of this section must be forwarded to the Chief Parliamentary Counsel without delay.

    Compare: 1989 No 142 s 5

Numbering and notification

11 Numbering of legislative orders
  • (1) All copies of legislative orders published under section 6 must be identied by a number as part of an annual series of legislative orders.

    (2) Legislative orders may be cited by the number given to them and by a reference to the year in which copies of them are published.

    (3) Subsection (2) does not limit any other mode of citation.

    Compare: 1989 No 142 s 11

12 Notice of making of legislative orders
  • (1) The Chief Parliamentary Counsel must notify the making of legislative orders.

    (2) A notice under subsection (1) must be published in the Gazette and give the following information about each legislative order listed in the notice:

    • (a) the title of the legislative order:

    • (b) the date on which the legislative order was made:

    • (c) the Act or other authority under which the legislative order was made:

    • (d) the number allocated to the legislative order under section 11:

    • (e) the places at which copies of the legislative order may be purchased:

    • (f) any other information the Chief Parliamentary Counsel considers appropriate.

    Compare: 1989 No 142 s 12

13 Complying with requirement to publish or notify in Gazette by publishing and notifying under this Act
  • (1) This section applies if an Act requires that an instrument be published or notified in the Gazette.

    (2) It is sufficient compliance with the requirement to publish or notify the instrument in the Gazette if the instrument is published under this Act and notified in the Gazette under section 12.

    Compare: 1989 No 142 s 13

Other instruments

14 Publication of instruments other than legislative orders
  • (1) The Attorney-General or the Chief Parliamentary Counsel may arrange for an instrument that is not a legislative order to be published in accordance with section 6 as if it were a legislative order.

    (2) An instrument is not a legislative order for the purposes of this subpart just because it is published under this section.

    (3) The following provisions apply to every instrument that is published under this section:

    • (a) section 11 (numbering of legislative orders):

    • (b) section 12 (notice of making of legislative orders):

    • (c) section 13 (complying with requirement to publish or notify in Gazette by publishing and notifying under this Act):

    • (d) section 16 (judicial notice of Acts, regulations, and legislative orders):

    • (e) section 17 (electronic and printed official versions of legislation):

    • (f) section 18 (legal status of official version):

    • (g) section 20 (directions as to form of copies and reprints of legislation):

    • (h) section 21 (special requirements for copies of legislative orders).

    Compare: 1989 No 142 s 14

Revocation of spent instruments

15 Power to revoke spent instruments
  • (1) The Governor-General may, by Order in Council, on the recommendation of the Attorney-General, revoke any instrument or (as the case requires) declare that the instrument ceases to have effect as part of the law of New Zealand.

    (2) Before making a recommendation under subsection (1), the Attorney-General must be satised that the instrument has ceased to have effect or is no longer required.

    (3) This section is in addition to any other enactment relating to the revocation of instruments.

    (4) In this section, instrument means—

    • (a) any regulations:

    • (b) any legislative order:

    • (c) any of the following kinds of instrument made or given by the Governor-General or any Minister of the Crown or any person in the service of the Crown, or made or given under any Imperial Act:

      • (i) any Order in Council or Proclamation:

      • (ii) any notice, warrant, order, direction, determination, rules, or other instrument of authority.

    Compare: 1989 No 142 s 16

Judicial notice of legislation

16 Judicial notice of Acts, regulations, and legislative orders
  • All courts and persons acting judicially must take judicial notice of all Acts, regulations, and legislative orders.

    Compare: 1989 No 142 ss 16A, 16B

Official versions of legislation

17 Electronic and printed official versions of legislation
  • (1) The Chief Parliamentary Counsel may issue—

    • (a) official electronic versions of legislation; and

    • (b) official printed versions of legislation.

    (2) A printed version of legislation that is produced directly from an official electronic version is also an ofcial version.

    (3) An electronic or printed document that is identifiable as an official version of legislation in accordance with regulations made under section 22 must be treated as an official version unless the contrary is shown.

    (4) This section applies whether the legislation is enacted, made, printed, or published before or after the commencement of this section.

18 Legal status of official version
  • (1) An official version of legislation as originally enacted or made is taken to correctly set out the text of the legislation.

    (2) An official version that is a reprint—

    • (a) is taken to correctly state, as at the date at which it is stated to be reprinted, the law enacted or made by the legislation reprinted and by the amendments (if any) to that legislation; and

    • (b) is evidence that any changes made in the reprint are authorised by subpart 2.

    (3) An official version of regulations or a legislative order, or of a reprint of regulations or a legislative order, that shows the date of the notification of the instrument in the Gazette is evidence that the making of the regulations or legislative order was notified in the Gazette on the date shown.

    (4) The presumptions in subsections (1) to (3) apply unless the contrary is shown.

Evidence of parliamentary journals

19 Copies of parliamentary journals to be evidence
  • (1) This section applies to copies of the Journals of the Legislative Council or the House of Representatives that purport to be printed by the Government Printer or published by order or under the authority of the House of Representatives.

    (2) All courts and all persons acting judicially must admit those copies as evidence of the matters stated in them, without further proof that they were so printed or published.

    Compare: 1989 No 142 s 16E

Form of copies and reprints of legislation

20 Directions as to form of copies and reprints of legislation
  • (1) The Attorney-General may give directions about the form in which 1 or more of the following must be published under this subpart:

    • (a) copies of Acts:

    • (b) reprints of Acts:

    • (c) copies of legislative orders:

    • (d) reprints of regulations and legislative orders:

    • (e) reprints of Imperial enactments and Imperial subordinate legislation.

    (2) A direction may include provision for the omission of signatures and formal or introductory parts.

    Compare: 1989 No 142 s 7

21 Special requirements for copies of legislative orders
  • (1) A published copy of a legislative order must contain references to the following:

    • (a) the Act or other authority under which the legislative order was made:

    • (b) the date on which the legislative order was made:

    • (c) the date (if any) on which the legislative order is stated to come into force.

    (2) This section overrides section 20(2).

    Compare: 1989 No 142 s 8

Regulations

22 Regulations
  • The Governor-General may, by Order in Council, make regulations for 1 or more of the following purposes:

    • (a) imposing requirements or conditions concerning the manner in which official versions of legislation in electronic form are to be made available to the public under section 9:

    • (b) specifying features by which an electronic document or a printed document is identifiable as an official version for the purpose of section 17, including (without limitation) by—

      • (i) imposing requirements or conditions as to the form of official versions of legislation:

      • (ii) providing how official versions of legislation in an electronic form can be authenticated:

    • (c) providing for any other matters contemplated by this subpart, necessary for its administration, or necessary for giving it full effect.

Subpart 2Reprints

23 Interpretation
  • In this subpart, unless the context otherwise requires,—

    current drafting practice means the legislative drafting practice for the time being used by the PCO

    legislation includes an instrument published under section 14 or published under a corresponding provision in a previous enactment

    referential words means words (for example, of this Act, of this section, of this paragraph, the said, and hereof) that identify the whole or part of a provision (including a schedule) as a provision, or as part of a provision, of the enactment in which they appear.

    Compare: 1989 No 142 s 17A

24 Power to make changes in reprints
  • (1) Changes authorised by sections 25 and 26 may be made in a reprint.

    (2) Sections 25 and 26 do not permit any change to the text of a provision of any legislation that changes the effect of the provision.

    (3) Nothing in this section limits the authority to make changes in a reprint in reliance on the application of section 22 of the Interpretation Act 1999 or any other enactment.

    Compare: 1989 No 142 s 17C; Reprints Act 1992 (Queensland) s 8

25 Editorial changes
  • (1) The Chief Parliamentary Counsel may make the following changes in a reprint:

    • (a) language that indicates or could be taken to indicate a particular gender may be changed to gender-neutral language so that it is consistent with current drafting practice, as long as it is also consistent with the purpose of the legislation being reprinted:

      Examples

      The word he may be changed to he or she, or replaced with the relevant noun.

      The word chairman may be changed to chairperson.

      The words Her Majesty the Queen may be changed to the Sovereign.

    • (b) the numbering, renumbering, and consequential amendments authorised by an Order in Council made under subsection (2):

    • (c) a reference to the name or title of a body, an ofce, a person, a place, or a thing that has been changed may be replaced with a reference to the name or title as changed:

    • (d) a reference to a body, ofce, person, place, or thing that has been replaced by another body, ofce, person, place, or thing may be changed to a reference to the replacement body, ofce, person, place, or thing:

    • (e) changes may be made to the way provisions are referred to, so as to be consistent with current drafting practice:

      Example

      Schedule 1 to the Ombudsmen Act 1975 may be changed to Schedule 1 of the Ombudsmen Act 1975.

    • (f) unnecessary referential words may be omitted:

    • (g) punctuation may be changed or omitted, or new punctuation inserted, so as to be consistent with current drafting practice:

    • (h) conjunctives and disjunctives may be inserted, omitted, or changed so as to be consistent with current drafting practice:

    • (i) obvious errors of the following kinds may be corrected:

      • (i) typographical and clerical errors:

      • (ii) grammatical and spelling errors, and errors of punctuation:

      • (iii) errors in numbering, cross-referencing, and alphabetical ordering:

      • (iv) errors in or arising out of an amendment, by another enactment, to the legislation reprinted:

      • (v) any other errors of a similar nature:

        Examples

        In the following provision, the word in bold can be omitted: The board of a company may make offers on on one or more stock exchanges.

        An Act consequentially repeals section 85(3) of another Act. The other Act does not contain a section 85, and it is obvious from the context that the intention was to repeal section 75(3). The error can be corrected.

        An Act contains amendments to section 6 of another Act. Before the rst Act comes into force, the other Act is amended so that section 6 is replaced by section 6A in substantially similar terms. Section 6A can be amended to reect the intent of the amendments to section 6.

    • (j) changes may be made to the way numbers, dates, times, quantities, measurements, and similar matters, ideas, or concepts are referred to or expressed so as to be consistent with current drafting practice:

      Example

      A reference in a form to this [blank] day of [blank] 19… may be changed to [Date].

    • (k) a provision in the nature of a savings, transitional, validation, or other similar provision that is contained in an amending enactment may be incorporated as a provision of the enactment it amends, and all necessary consequential amendments may be made:

    • (l) changes may be made to show the effect of any amendment or repeal, and changes may be made that are purely consequential on any amendment made, by another enactment, to the legislation reprinted:

      Example

      The heading to a section may be changed to reect the effect of an amendment to the section.

    • (m) changes may be made that are purely consequential on any other change authorised by this subpart.

    (2) The Governor-General may, by Order in Council, authorise a reprint of legislation to do 1 or more of the following so as to make the legislation consistent with current drafting practice:

    • (a) number any provisions of the legislation that are not numbered in the manner indicated by the order:

    • (b) renumber the legislation in the manner indicated by the order:

    • (c) make the necessary consequential amendments to other enactments, as indicated by the order, to reflect the changes made under paragraph (a) or (b).

    (3) Alternative text that is inserted in a reprint to indicate the effect of an element (for example, a graphical image such as a crest, map, or medal) does not form part of an official version of the reprinted enactment.

    Compare: 1989 No 142 s 17E

26 Changes to format
  • (1) The Chief Parliamentary Counsel may make format changes so that the format of the reprint is consistent with current drafting practice.

    (2) Changes authorised by this section include (without limitation)—

    • (a) changes to the setting out of provisions, tables, and schedules:

    • (b) the repositioning of marginal notes or section headings:

    • (c) changes to typeface and type size:

    • (d) the addition or removal of boldface, italics, and similar textual attributes:

    • (e) the addition or removal of quotation marks and rules:

    • (f) changes to the case of letters or words:

      Example

      Small capitals may be changed to ordinary capitals or to lower case.

    • (g) the repositioning of the date of Royal assent.

    Compare: 1989 No 142 s 17D

27 Changes to be noted in reprint
  • If changes authorised by this subpart are made in a reprint, the reprint must—

    • (a) indicate that fact in a suitable place; and

    • (b) outline in general terms, and in a suitable place, the changes made.

    Compare: 1989 No 142 s 17F

Subpart 3Revision Bills

Preliminary provisions

28 Interpretation
  • In this subpart, unless the context otherwise requires,—

    revision Act means an Act that was introduced into the House of Representatives as a revision Bill

    revision Bill means a Bill prepared under this subpart

    revision programme means a revision programme approved under section 30.

29 Overview
  • (1) This subpart sets out the process for the preparation of revision Bills.

    (2) The purpose of revision is to re-enact, in an up-to-date and accessible form, the law previously contained in all or part of 1 or more Acts, but (except as authorised by this subpart) revision is not intended to change the effect of a law.

    (3) This subpart contains—

    • (a) a requirement for the preparation and approval of a 3-yearly revision programme:

    • (b) the powers that may be exercised in the preparation of revisions.

Preparation of revisions

30 3-yearly revision programme
  • (1) The Attorney-General must prepare a draft 3-yearly revision programme for each new Parliament.

    (2) A draft revision programme must set out—

    • (a) the revisions that are proposed to be started during the 3-year period; and

    • (b) the revisions that are expected to be enacted during that period; and

    • (c) the revisions on which work is expected to continue during that period.

    (3) The Attorney-General must make the draft publicly available and invite submissions on the draft from interested persons and members of the public, allowing a reasonable time for those submissions to be made.

    (4) The Attorney-General must present a revision programme to the House of Representatives as soon as practicable after it is approved by the Government.

    (5) The PCO's annual report under section 43 of the Public Finance Act 1989 may (without limitation) make—

    • (a) recommendations for the repeal of obsolete or redundant enactments or provisions of enactments, if their repeal is not suitable for inclusion in a revision; and

    • (b) recommendations for changes to 1 or more of the following:

      • (i) the revision powers set out in section 31:

      • (ii) the reprint powers under subpart 2:

      • (iii) the procedure for the certication of revision Bills.

31 Revision powers
  • (1) The Chief Parliamentary Counsel must prepare revision Bills in accordance with the current revision programme and this section.

    (2) A revision Bill may—

    • (a) revise the whole or part of 1 or more Acts, and for that purpose combine or divide Acts or parts of Acts:

    • (b) adopt a Title that is different from the Title or Titles of the Acts or parts of Acts revised:

    • (c) omit redundant and spent provisions:

    • (d) renumber and rearrange provisions from the Acts or parts of Acts revised:

    • (e) make changes in language, format, and punctuation to achieve a clear, consistent, gender-neutral, and modern style of expression, to achieve consistency with current drafting style and format, and generally to express better the spirit and meaning of the law:

    • (f) include new or additional purpose provisions, outline or overview provisions, examples, diagrams, graphics, owcharts, readers’ notes, lists of dened terms, and other similar devices to aid accessibility and readability:

    • (g) include new or additional provisions alerting users of the revision to enactments that are not incorporated in the revision but are relevant to the subject matter of the revision:

    • (h) correct typographical, punctuation, and grammatical errors, and other similar errors:

    • (i) make minor amendments to clarify Parliament's intent, or reconcile inconsistencies between provisions:

    • (j) update any monetary amount (other than an amount specified for the purpose of jurisdiction or an offence or penalty), having regard to movements in the Consumers Price Index over the relevant period, or provide for the amount to be prescribed by Order in Council:

    • (k) omit forms and schedules from the Acts or parts of Acts revised, and instead authorise the matters in those forms and schedules to be prescribed by or under regulations:

    • (l) make consequential amendments to enactments that are not incorporated, or are incorporated only in part, in the revision:

    • (m) include any necessary repeals, savings, and transitional provisions.

    (3) A revision Bill must not change the effect of the law, except as authorised by subsection (2)(i) or (j).

    (4) To avoid doubt, the changes that may be made in a revision Bill include, but are not limited to, any of the changes that may be made in a reprint under subpart 2.

32 Format of revision Bill
  • (1) A revision Bill must be in the form of a Bill suitable for introduction into the House of Representatives.

    (2) A revision Bill must include, as part of its explanatory note, a statement setting out, in general terms, the inconsistencies, anomalies, discrepancies, and omissions that were identied in the course of the preparation of the revision, and how they have been remedied in the Bill.

    (3) A revision Bill may be structured so that it is able to be divided into 2 or more Bills.

33 Certification of revision Bill
  • (1) For the purposes of this subpart, the certiers are the President of the Law Commission, the Solicitor-General, a retired Judge of the High Court nominated by the Attorney-General, and the Chief Parliamentary Counsel.

    (2) The Chief Parliamentary Counsel must submit a revision Bill to the certiers for certication under this section.

    (3) The certiers may certify a revision Bill if they are satised that—

    • (a) the revision powers set out in section 31 have been exercised appropriately in the preparation of the revision; and

    • (b) the revision Bill does not change the effect of the law, except as authorised by section 31(2)(i) or (j).

    (4) Before certifying a revision Bill, the certiers may require the Chief Parliamentary Counsel to make whatever changes they consider necessary.

    (5) When a revision Bill has been certied, the Chief Parliamentary Counsel must give the revision Bill and certicate to the Attorney-General.

Interpretation of revision Acts

34 Revision Acts not intended to change effect of law
  • (1) A revision Bill prepared and certified under this subpart becomes a revision Act for the purpose of this section once it is enacted.

    (2) A provision of a revision Act is not intended to change the effect of the law as expressed in the Acts or parts of Acts repealed by and incorporated in the revision Act.

    (3) However, if a revision Act expressly provides that a particular provision is intended to change the effect of the law, subsection (2) is overridden to the extent necessary to give effect to the change.

    Compare: 2007 No 97 s ZA 3(3)

Review of this subpart

35 Review after 6 years
  • (1) The Attorney-General must, as soon as practicable after the end of the 6-year period specified in subsection (2), require the Chief Parliamentary Counsel to prepare a report on—

    • (a) the need for this subpart; and

    • (b) this subpart's operation and effectiveness; and

    • (c) whether any amendments to this subpart are necessary or desirable.

    (2) The 6-year period is the period that starts on the date of commencement of this section and ends 6 years after that date.

    (3) The Attorney-General must ensure that the persons and organisations that he or she thinks appropriate are consulted during the preparation of the report about the matters to be considered in the report.

    (4) The Attorney-General must present a copy of the report to the House of Representatives as soon as practicable after he or she receives the report.

Part 3
Subordinate legislation: disallowable instruments and incorporation of material by reference

Subpart 1Disallowable instruments

Interpretation

36 Interpretation
  • In this subpart, unless the context otherwise requires,—

    confirmation provision, in relation to an instrument made under an enactment, means an enactment that provides that the instrument lapses, expires, or is revoked at a stated time unless the instrument is confirmed, confirmed and validated, or validated by an Act passed or enacted before that time

    obligations includes—

    • (a) duties or liabilities:

    • (b) obligations to comply with prohibitions:

    • (c) ineligibility for rights, benefits, entitlements, interests, powers, or privileges

    rights includes—

    • (a) benefits, entitlements, interests, powers, or privileges:

    • (b) eligibility for rights, benefits, entitlements, interests, powers, or privileges.

37 Disallowable instruments
  • (1) An instrument made under an enactment is a disallowable instrument for the purposes of this Act if 1 or more of the following applies:

    • (a) the instrument is a legislative order:

    • (b) that enactment or another enactment contains a provision (however expressed) that has the effect of making the instrument disallowable for the purposes of this Act:

    • (c) the instrument has a significant legislative effect.

    (2) However, an instrument that has a significant legislative effect is not a disallowable instrument for the purposes of this Act if the instrument—

    • (a) is made or approved by a resolution of the House of Representatives; or

    • (b) is one that the House of Representatives could, by resolution, prevent from coming into force or taking effect; or

    • (c) is one made by a court, Judge, or person acting judicially.

    (3) A bylaw that is subject to the Bylaws Act 1910 is not a disallowable instrument for the purposes of this Act.

    (4) This section is subject to other enactments that limit or affect when, or the extent to which, a kind of instrument is a disallowable instrument for the purposes of this Act.

38 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 a confirmation provision applies to 1 or more of its provisions:

    • (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)

39 Instruments that determine or alter temporal application
  • An instrument that determines or alters the temporal application of rights or obligations includes (without limitation) one that does 1 or more of the following to the enactments or other laws that directly or indirectly confer or impose those rights or obligations:

    • (a) appoints or prescribes a date on which, or other time at which, they come into force:

    • (b) defers the date on which, or other time at which, they apply or come into force:

    • (c) suspends, or in any way cancels, for a period or until a time, their application or operation:

    • (d) continues or extends (with or without a break) for a period or until a time their application or operation:

    • (e) defers the date on which, or other time at which, they are abolished, repealed, or revoked:

    • (f) on a date, or at any other time, abolishes, repeals, or revokes them.

Presentation to House of Representatives

40 Legislative orders and disallowable instruments to be presented to House of Representatives
  • (1) This section applies to—

    • (a) legislative orders; and

    • (b) every instrument stated by an Act to be a disallowable instrument.

    (2) All legislative orders and those disallowable instruments must be presented to the House of Representatives not later than the 16th sitting day of the House of Representatives after the day on which they are made.

    Compare: 1989 No 143 s 4

How instruments are disallowed

41 Disallowance of instruments by resolution of House of Representatives
  • (1) The House of Representatives may, by resolution, disallow any disallowable instrument or provisions of a disallowable instrument.

    (2) An instrument or provisions disallowed by resolution of the House of Representatives cease to have effect on the later of—

    • (a) the passing of the resolution; or

    • (b) any date specied in the resolution as the date on which the instrument or provisions cease to have effect.

    (3) This section does not apply to any resolution to which section 45 applies.

    Compare: 1989 No 143 s 5

42 Disallowance of instrument if motion to disallow not disposed of
  • (1) This section applies if—

    • (a) a member of the Committee of the House of Representatives responsible for the review of disallowable instruments gives notice of a motion to disallow a disallowable instrument or any provisions of a disallowable instrument; and

    • (b) none of the following things happens within 21 sitting days after the date on which the notice is given:

      • (i) the notice is withdrawn:

      • (ii) the House disposes of the motion:

      • (iii) Parliament is dissolved or expires.

    (2) When this section applies, the instrument or provisions specied for disallowance in the motion must be treated as having been disallowed.

    (3) An instrument or provisions disallowed under subsection (2) cease to have effect on the later of—

    • (a) the close of the 21st sitting day after the giving of notice of the motion; or

    • (b) any date specied in the motion as the date on which the instrument or provisions cease to have effect.

    Compare: 1989 No 143 s 6

Effect of disallowance

43 Effect of disallowance generally
  • (1) A disallowance under section 41 or 42 has the same effect as a revocation of the disallowed instrument or provisions.

    (2) This section is subject to section 44.

    Compare: 1989 No 143 s 7

44 Effect of disallowance on enactment amended, repealed, or revoked by disallowed instrument
  • (1) This section applies if the disallowed instrument or provisions amended any Act or instrument or repealed any Act or revoked any instrument.

    (2) When this section applies, the disallowance of the instrument or provisions has the effect of restoring or reviving the Act or instrument, as it was immediately before it was amended, repealed, or revoked, as if the disallowed instrument or provisions had not been made.

    (3) The restoration or revival of an Act or instrument under subsection (2) takes effect on the day on which the instrument or provisions by which it was amended, repealed, or revoked ceased to have effect.

    Compare: 1989 No 143 s 8

Amendment or substitution of instrument by House of Representatives

45 Amendment or substitution of disallowable instrument by House of Representatives
  • (1) The House of Representatives may, by resolution,—

    • (a) amend any disallowable instrument; or

    • (b) revoke any disallowable instrument and substitute another instrument.

    (2) The amendment or the revocation and substitution, as the case may be, takes effect on the later of—

    • (a) the 28th day after the date of the publication of the notice required by section 46; or

    • (b) any date specied in the notice required by section 46 as the date on which the amendment or the revocation and substitution, as the case may be, takes effect.

    Compare: 1989 No 143 s 9

Notification of disallowance, amendment, or substitution

46 Notice of resolution or motion
  • (1) This section applies in any of the following circumstances:

    • (a) the House of Representatives resolves to disallow or revoke a disallowable instrument:

    • (b) the House of Representatives resolves to amend a disallowable instrument or to revoke a disallowable instrument and substitute another instrument:

    • (c) notice of a motion to disallow a disallowable instrument or any provisions of a disallowable instrument has been given and the instrument or provisions specied for disallowance in the motion are treated as having been disallowed under section 42.

    (2) When this section applies, the Clerk of the House of Representatives must immediately forward to the Chief Parliamentary Counsel a notice of that resolution or notice of motion.

    (3) The notice forwarded under subsection (2)

    • (a) must be accompanied by the text of the resolution or the text of the notice of motion, as the case requires; and

    • (b) in the case of a resolution, must show the date on which the resolution was passed; and

    • (c) in the case of a notice of motion, must show—

      • (i) the date of the sitting day on which the notice of motion was given; and

      • (ii) the date of the 21st sitting day after the giving of the notice of motion.

    (4) The notice is conclusive evidence of the matters stated in subsection (3)(b) and (c).

    (5) The Chief Parliamentary Counsel must arrange for every notice forwarded under subsection (2) to be published under section 6 as if it were a legislative order.

    Compare: 1989 No 143 s 10

Subpart 2Incorporation by reference in instruments

47 Interpretation
  • (1) In this subpart, unless the context otherwise requires,—

    administering department means the department, Ministry, Office of Parliament, or other organisation that is responsible for administering the instrument

    chief executive means the chief executive of the administering department

    inspection sites means the head office of the administering department and any other places that the chief executive may, at his or her discretion, determine are appropriate

    instrument

    • (a) means any instrument (whether called regulations, rules, an Order in Council, a notice, bylaws, a code, a framework, or by any other name) that has legislative effect and that is authorised by an enactment; but

    • (b) does not include a bylaw that is subject to the Bylaws Act 1910

    material means—

    • (a)  material referred to in section 48(3); but

    • (b) does not include anything incorporated by reference by that material

    parent Act means an Act that is a parent Act for the purpose of section 48.

    (2) For the purposes of this subpart, unless the context otherwise requires, an instrument incorporates material by reference if the instrument does 1 or more of the following:

    • (a) incorporates the material in whole or in part, and with or without modification:

    • (b) incorporates amendments to which section 51 applies.

48 Instruments that may incorporate material by reference
  • (1) An instrument that may be made under any Act (the parent Act) for a purpose specified in subsection (2) may incorporate material by reference under this subpart.

    (2) A purpose of the instrument must be to define terms, prescribe matters, or make other provision in relation to an activity or thing, including (without limitation) any asset, equipment, facility, goods, information, material, practice, premises, process, product, programme, service, or system.

    (3) This section, in so far as it applies, is sufficient authority for the instrument to incorporate 1 or more of the following by reference:

    • (a) a standard, framework, code of practice, recommended practice, or requirement of an international organisation or a national organisation:

    • (b) a standard, framework, code of practice, recommended practice, or requirement prescribed in any country or jurisdiction, or by any group of countries:

    • (c) any other written material that deals with technical matters and that can reasonably be regarded as being too large or impractical to include in, or publish as part of, the instrument.

    (4) Material incorporated by reference under this section has legal effect as part of the instrument that incorporates the material.

    Compare: 1988 No 5 s 22(1)

49 Application of this subpart
  • (1) This subpart applies in relation to the making of an instrument that incorporates material by reference in reliance on section 48, except where the parent Act expressly provides to the contrary.

    (2) This subpart applies, subject to the exception stated in subsection (1), regardless of whether the parent Act—

    • (a) is an Act passed before or after the commencement of this section; or

    • (b) provides for the incorporation of material by reference in an instrument; or

    • (c) expressly mentions the incorporation of material by reference in reliance on section 48.

50 Requirement to consult on proposal to incorporate material by reference
  • (1) Before an instrument incorporating material by reference in reliance on section 48 is made, the chief executive must—

    • (a) make copies of the material proposed to be incorporated by reference (the proposed material) available for inspection during working hours for a reasonable period, free of charge, at the inspection sites; and

    • (b) state where copies of the proposed material are available for purchase; and

    • (c) make copies of the proposed material available, free of charge, on an Internet site maintained by or on behalf of the administering department, unless doing so would infringe copyright; and

    • (d) give notice in the Gazette stating—

      • (i) that the proposed material is available for inspection during working hours, free of charge, and stating the places at which it can be inspected and the period during which it can be inspected; and

      • (ii) that copies of the proposed material can be purchased and stating the places at which they can be purchased; and

      • (iii) if applicable, that the proposed material is available on the Internet, free of charge, and stating the Internet site address; and

    • (e) allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed material by reference; and

    • (f) consider any comments made.

    (2) The chief executive—

    • (a) may make copies of the proposed material available in any other way that he or she considers appropriate in the circumstances; and

    • (b) must, if paragraph (a) applies, give notice in the Gazette stating that the proposed material is available in other ways and giving details of where or how it can be accessed or obtained.

    (3) The chief executive may comply with subsection (1)(c) (if applicable) by providing a hypertext link from an Internet site maintained by or on behalf of the department to a copy of the proposed material that is available, free of charge, on an Internet site that is maintained by or on behalf of someone else.

    (4) The references in this section to material include, if the material is not in an official New Zealand language, as well as the material itself, an accurate translation in an official New Zealand language of the material.

    (5) A failure to comply with this section does not invalidate an instrument that incorporates material by reference in reliance on section 48.

    (6) For the purposes of subsection (1)(c), a chief executive may not rely on section 66 of the Copyright Act 1994 as authority to make the proposed material available on an Internet site.

51 Access to material incorporated by reference
  • (1) This section applies if an instrument incorporating material by reference in reliance on section 48 is made.

    (2) The chief executive must—

    • (a) make the material (the incorporated material) available for inspection during working hours free of charge at the inspection sites; and

    • (b) state where copies of the incorporated material are available for purchase; and

    • (c) make copies of the incorporated material available, free of charge, on an Internet site maintained by or on behalf of the administering department, unless doing so would infringe copyright; and

    • (d) give notice in the Gazette stating—

      • (i) that the incorporated material is incorporated in the instrument and stating the date on which the instrument was made; and

      • (ii) that the incorporated material is available for inspection during working hours, free of charge, and stating the places at which it can be inspected; and

      • (iii) that copies of the incorporated material can be purchased and stating the places at which they can be purchased; and

      • (iv) if applicable, that the incorporated material is available on the Internet, free of charge, and stating the Internet site address.

    (3) The chief executive—

    • (a) may make copies of the incorporated material available in any other way that he or she considers appropriate in the circumstances; and

    • (b) must, if paragraph (a) applies, give notice in the Gazette stating that the incorporated material is available in other ways and giving details of where or how it can be accessed or obtained.

    (4) The chief executive may comply with subsection (2)(c) (if applicable) by providing a hypertext link from an Internet site maintained by or on behalf of the administering department to a copy of the incorporated material that is available, free of charge, on an Internet site that is maintained by or on behalf of someone else.

    (5) The references in this section to material are to—

    • (a) material incorporated by reference in the instrument; and

    • (b) if the material is not in an official New Zealand language, the material itself together with an accurate translation in an official New Zealand language of the material.

    (6) A failure to comply with this section does not invalidate an instrument that incorporates material by reference.

    (7) For the purposes of subsection (2)(c), a chief executive may not rely on section 66 of the Copyright Act 1994 as authority to make the incorporated material available on an Internet site.

52 Effect of amendments to material incorporated by reference
  • (1) This section applies if the material incorporated by reference in reliance on section 48 is amended by the originator of the material after the instrument is made.

    (2) For the purposes of this section, material is amended if the material or any part of it—

    • (a) is amended or replaced; or

    • (b) expires or is revoked; or

    • (c) otherwise ceases to have effect.

    (3) Amendments made by the originator of the material have no legal effect as part of the instrument unless they are specifically incorporated by a later instrument made in accordance with this subpart.

53 Proof of material incorporated by reference
  • (1) A copy of material incorporated by reference in an instrument in reliance on section 48 must be—

    • (a) certified as a correct copy of the material by the chief executive; and

    • (b) retained by the chief executive.

    (2) The production in proceedings of a certified copy of the material is, in the absence of evidence to the contrary, sufficient evidence of the material incorporated by reference in the instrument.

54 Application of subpart 1 of Part 2 to instrument and material incorporated by reference
  • (1) Subpart 1 of Part 2 does not apply to material that is for the time being incorporated by reference in an instrument in reliance on section 48, even if the instrument is a legislative order.

    (2) To avoid doubt, the material does not have to be presented to the House of Representatives under section 40 even though the instrument is a disallowable instrument by virtue of section 55.

55 Application of subpart 1 of this Part to instrument incorporating material by reference
  • An instrument that incorporates material by reference in reliance on section 48 is a disallowable instrument for the purposes of subpart 1 of this Part.

56 Application of Standards Act 1988, other enactments, and rules of law not affected
  • Nothing in this subpart affects the application of sections 22 to 25 of the Standards Act 1988, any other enactment, or any rule of law.

Part 4
Parliamentary Counsel Office

Constitution and functions

57 PCO continues as separate statutory office
  • (1) The PCO continues as an instrument of the Crown and a separate statutory office under the Attorney-General's control.

    (2) During any period when there is no Minister of the Crown who is Attorney-General, the PCO is under the Prime Minister's control.

    (3) Every reference to the Parliamentary Counsel Office in any enactment, agreement, deed, instrument, application, notice, or other document in force immediately before the commencement of this section must, on and after that commencement, be read as a reference to the PCO as continued by this section, unless the context otherwise requires.

    Compare: 1920 No 46 s 2

58 Functions of PCO
  • (1) The functions of the PCO are—

    • (a) to draft government Bills and amendments to them:

    • (b) to draft instruments specified in subsection (5) and amendments to them:

    • (c) to arrange for the printing and publication of Bills and amendments to them (as provided in Part 2):

    • (d) to arrange for the printing and publication of Acts, legislative orders, and reprints of legislation in electronic form and printed form (as provided in Part 2):

    • (e) to undertake reprints of Acts, regulations, and legislative orders (as provided in Part 2):

    • (f) to revise Acts in accordance with the current revision programme (as provided in Part 2):

    • (g) to advise departments and agencies on the drafting of legislative instruments that are not drafted by the PCO:

    • (h) to examine all local Bills and private Bills, and to examine the members' Bills that the Attorney-General directs be examined, and to report to the Attorney-General on the effect of Bills examined, in particular on whether they affect the rights of the Crown and on their relationship to other legislation:

    • (i) to advise on and assist with the drafting of all local Bills and private Bills, and to draft members' Bills that the Attorney-General directs be drafted by the PCO:

    • (j) to perform the other functions relating to the drafting and publication of legislation that the Attorney-General directs be performed by the PCO.

    (2) Despite subsection (1)(a), the Governor-General may, by Order in Council made on the recommendation of the Attorney-General, authorise the Inland Revenue Department—

    • (a) to draft (subject to the exceptions specified in the order) the Government Bills (being Bills intended to become Acts administered by that Department) that the Minister of the Crown who is responsible for that Department may direct to be prepared for the consideration of Parliament, and amendments to them; and

    • (b) to supervise the printing of the Bills and amendments referred to in paragraph (a).

    (3) An Order in Council made under subsection (2) is a legislative order and a disallowable instrument for the purposes of this Act.

    (4) The Inland Revenue Department (Drafting) Order 1995 continues in force as if made under subsection (2).

    (5) The instruments to be drafted by the PCO are—

    • (a) Orders in Council other than—

      • (i) Orders in Council that are required by their empowering Act to be published in the Gazette:

      • (ii) Orders in Council that relate exclusively to an individual:

    • (b) instruments made by a Minister that amend an Act or define the meaning of a term used in an Act:

    • (c) instruments that are required by an Act to be published under this Act (other than resolutions of the House of Representatives referred to in paragraph (d) of the definition of legislative order):

    • (d) other instruments that the Attorney-General or the Chief Parliamentary Counsel directs in writing be drafted by the PCO.

    (6) Confidential communications between a client of the PCO and the Chief Parliamentary Counsel (or between a client of the PCO and another counsel in the PCO) are subject to legal professional privilege, but nothing in this subsection limits or affects the Standing Orders of the House of Representatives.

    (7) In subsection (6), confidential communications includes (without limitation)—

    • (a) drafting instructions received by the PCO and communications between any client of the PCO and any counsel in the PCO that relate to the subject matter of the instructions:

    • (b) drafts of legislation prepared by or on behalf of the PCO.

    Compare: 1920 No 46 ss 4, 5, 8A; Legislative Standards Act 1992 (Queensland) s 9A(2)

Powers of Chief Parliamentary Counsel

59 Powers of Chief Parliamentary Counsel
  • The Chief Parliamentary Counsel has all the powers that are reasonably necessary or expedient to enable him or her to carry out the functions, responsibilities, and duties imposed on the Chief Parliamentary Counsel by or under this Act or any other enactment.

    Compare: 1988 No 20 s 34(2)

60 Delegation of functions, responsibilities, duties, or powers
  • (1) The Chief Parliamentary Counsel—

    • (a) may from time to time, either generally or particularly, delegate to any employee of the PCO any of the functions, responsibilities, duties, or powers of the Chief Parliamentary Counsel, including functions or powers delegated to the Chief Parliamentary Counsel under any Act:

    • (b) must ensure that an appropriate delegation is at all times in place under this section to enable a person to act in place of the Chief Parliamentary Counsel during any absence or incapacity of the Chief Parliamentary Counsel.

    (2) The person to whom any functions, responsibilities, duties, or powers are delegated under this section may exercise those functions or powers in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.

    (3) Subsection (2) is subject to any general or special directions given or conditions imposed by the Chief Parliamentary Counsel.

    (4) A person purporting to act under any delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

    (5) A delegation under this section may be made to—

    • (a) a specified person or persons of a specified class; or

    • (b) the holder or holders for the time being of a specified position, or of a specified class of positions.

    (6) No delegation under this section affects or prevents the exercise of any function, responsibility, duty, or power by the Chief Parliamentary Counsel, or affects the responsibility of the Chief Parliamentary Counsel for the actions of any person acting under the delegation.

    Compare: 1988 No 126 s 12

61 Absence or incapacity of Chief Parliamentary Counsel
  • (1) A person who holds a delegation referred to in section 60(1)(b) may act in place of the Chief Parliamentary Counsel while the Chief Parliamentary Counsel is absent or incapacitated.

    (2) No acts done by the person acting in place of the Chief Parliamentary Counsel under subsection (1) may, in any proceedings, be questioned on the ground that the occasion for the authorisation had not arisen or had ceased.

62 Revocation of delegations
  • (1) A delegation under section 60 is revocable at any time in writing.

    (2) A delegation, until it is revoked, continues to have effect according to its terms even if the Chief Parliamentary Counsel by whom it was made has ceased to hold office.

    (3) A delegation made by a Chief Parliamentary Counsel who has ceased to hold office continues to have effect as if made by the successor in office of that Chief Parliamentary Counsel.

    Compare: 1988 No 126 s 13

Chief Parliamentary Counsel and employees of PCO

63 Chief Parliamentary Counsel
  • (1) The Chief Parliamentary Counsel is the chief executive of the PCO and is responsible to the Attorney-General for—

    • (a) carrying out the functions, responsibilities, and duties of the PCO; and

    • (b) the general conduct of the PCO; and

    • (c) managing the activities of the PCO efficiently, effectively, and economically.

    (2) However, in matters relating to decisions on individual employees, the Chief Parliamentary Counsel is not responsible to the Attorney-General and must act independently.

    (3) The Chief Parliamentary Counsel—

    • (a) must hold a legal qualification granted in a common law jurisdiction:

    • (b) is appointed by the Governor-General on the recommendation of the Prime Minister:

    • (c) holds office for the period, which may not exceed 7 years, that is specified in the instrument by which the Chief Parliamentary Counsel is appointed:

    • (d) is eligible for reappointment from time to time.

    (4) The Chief Parliamentary Counsel may at any time be removed or suspended from office by the Governor-General for inability to perform the functions of the office, bankruptcy, neglect of duty, or misconduct.

    (5) The State Services Commissioner—

    • (a) is responsible for managing the process for the appointment of the Chief Parliamentary Counsel:

    • (b) must provide advice on nominations for Chief Parliamentary Counsel to the Prime Minister.

    Compare: 1920 No 46 s 6(1)–(3); 1988 No 20 ss 32, 33; 1988 No 126 s 10(1)

64 Parliamentary counsel
  • (1) The Chief Parliamentary Counsel may appoint such people to be parliamentary counsel as he or she thinks necessary for the efficient exercise of the functions, responsibilities, duties, and powers of the Chief Parliamentary Counsel and the PCO.

    (2) A parliamentary counsel must hold a legal qualification granted in a common law jurisdiction.

    (3) A parliamentary counsel is an employee for the purposes of the Employment Relations Act 2000.

65 Other employees of PCO
  • (1) The Chief Parliamentary Counsel may appoint such other employees as he or she thinks necessary for the efficient exercise of the functions, responsibilities, duties, and powers of the Chief Parliamentary Counsel and the PCO.

    (2) A person appointed under this section is also an employee for the purposes of the Employment Relations Act 2000.

    Compare: 1920 No 46 s 6(1), (3), (4)

66 Remuneration and conditions of appointment of Chief Parliamentary Counsel
  • The Chief Parliamentary Counsel is paid the remuneration and allowances determined by the Remuneration Authority.

    Compare: 1920 No 46 s 6A(1)

67 Chief Parliamentary Counsel acts as employer
  • The Chief Parliamentary Counsel has all the rights, duties, and powers of an employer in respect of the parliamentary counsel and other employees for whom the Chief Parliamentary Counsel is responsible.

68 Collective agreements
  • (1) The Chief Parliamentary Counsel must conduct any negotiations for a collective agreement under the Employment Relations Act 2000—

    • (a) with a union of which employees are members; and

    • (b) in consultation with the State Services Commissioner.

    (2) In this section, union has the meaning given to that term by section 5 of the Employment Relations Act 2000.

    Compare: 1988 No 126 ss 25, 26

69 Employment principles
  • The Chief Parliamentary Counsel must operate a personnel policy that complies with the principle of being a good employer by following, as if he or she were the chief executive of a Department, the provisions of sections 56 and 58 of the State Sector Act 1988.

    Compare: 2008 No 72 s 58

70 Appointments on merit
  • In making an appointment under section 64 or 65, the Chief Parliamentary Counsel must give preference to the person who is best suited to the position.

    Compare: 2008 No 72 s 59(1)

71 Chief Parliamentary Counsel to establish procedure for notifying vacancies and appointments, and reviewing appointments
  • The Chief Parliamentary Counsel must put in place a procedure that provides for—

    • (a) notifying any vacancy or prospective vacancy in a manner sufficient to enable suitably qualified people to apply for the position, except where it is impracticable to do so; and

    • (b) notifying PCO employees of every appointment (other than that of an acting, temporary, or casual employee) to a vacant position in the PCO; and

    • (c) reviewing those appointments made to an advertised vacant position within the PCO that are the subject of any complaint by an employee of the PCO.

    Compare: 1988 No 20 ss 61, 64, 65

Repeals, consequential amendments, and savings

72 Repeals, consequential amendments, and savings about legislative matters
  • (1) The following Acts are repealed:

    • (a) Statutes Drafting and Compilation Act 1920 (1920 No 46):

    • (b) Acts and Regulations Publication Act 1989 (1989 No 142):

    • (c) Regulations (Disallowance) Act 1989 (1989 No 143).

    (2) The Acts specified in the Schedule are amended in the manner indicated in that schedule.

    (3) The definition of regulations in section 29 of the Interpretation Act 1999 is amended by repealing paragraph (e) and substituting the following paragraph:

    • (e) an instrument that is a legislative order or a disallowable instrument for the purposes of the Legislation Act 2010:.

    (4) The repeal of the Statutes Drafting and Compilation Act 1920 by subsection (1)(a) does not affect the application of section 59 of the Copyright Act 1994 to the PCO.

    (5) A notice given under section 9 of the Acts and Regulations Publication Act 1989 and in force immediately before the commencement of this section continues in force and must be treated as if it had been given under section 7(1) of this Act.

    (6) Sections 16C and 16D of the Acts and Regulations Publication Act 1989 continue to apply to every copy of legislation that purports to be printed or published (whether before or after the commencement of subsection (1)(b)) under the authority of the New Zealand Government until an official electronic or printed version of the legislation is issued under section 17 of this Act.

    (7) For the purpose of applying section 16C or 16D of the Acts and Regulations Publication Act 1989 under subsection (6), a legislative order must be treated as a regulation within the meaning of that section.

    (8) In any regulations in force immediately before the commencement of this section, material incorporated by reference in reliance on an enactment repealed by this Act must be treated as having effect under subpart 2 of Part 3.

73 Savings about former principal officers and other PCO staff
  • (1) On the commencement of this section,—

    • (a) the person holding the offices of Chief Parliamentary Counsel and Compiler of Statutes under the Statutes Drafting and Compilation Act 1920 becomes the Chief Parliamentary Counsel under section 63 of this Act:

    • (b) the office of Compiler of Statutes is abolished:

    • (c) the Parliamentary Counsel (other than the Chief Parliamentary Counsel) in the PCO become parliamentary counsel under section 64:

    • (d) the other members of the staff of the PCO become employees under section 65.

    (2) The person to whom subsection (1)(a) applies continues to be engaged on the same terms and conditions applying to that person immediately before the commencement of this section.

    (3) Each person to whom subsection (1)(c) applies—

    • (a) is entitled to terms and conditions of employment no less favourable than the terms and conditions applying to the person immediately before the commencement of this section, except that the person is no longer to be regarded as serving at the Governor-General's pleasure; and

    • (b) continues to be entitled to those terms and conditions of employment until those terms and conditions are varied by agreement between the person and the Chief Parliamentary Counsel.

    (4) The employment agreements of all other members of staff of the PCO that were in effect immediately before the commencement of this section continue in effect as if those persons were employed under section 65.

    (5) For the purposes of any enactment, no person's service as an officer or employee in the PCO is broken by the repeal of the Statutes Drafting and Compilation Act 1920 by section 72.

    (6) This Act does not affect any entitlement of an office holder or employee of the PCO under the Government Superannuation Fund Act 1956.


Schedule 
Consequential amendments to Acts

s 72(2)

Accident Compensation Act 2001 (2001 No 49)

Section 46: repeal and substitute:

46 Application of Legislation Act 2010 to Code
  • The Code is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 183(4): repeal and substitute:

  • (4) A notice in the Gazette under this section is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 322A(4): repeal and substitute:

  • (4) A notice in the Gazette under this section is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Agricultural Compounds and Veterinary Medicines Act 1997 (1997 No 87)

Section 2(3): repeal and substitute:

  • (3) An Order in Council made under subsection (2) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 81L: omit the Regulations (Disallowance) Act 1989 in each place where it appears and substitute in each case Part 3 of the Legislation Act 2010.

Airport Authorities Act 1966 (1966 No 51)

Section 9(6)(b): repeal and substitute:

  • (b) be a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and be presented to the House of Representatives under section 40 of that Act.

Section 9A(4): repeal and substitute:

  • (4) Any guidelines made under subsection (1)(h) are a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Animal Products Act 1999 (1999 No 93)

Section 4(4): repeal and substitute:

  • (4) A notice in the Gazette made for the purposes of paragraph (d) of the definition of primary processor in subsection (1) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 41(10): repeal and substitute:

  • (10) An order made under this section is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 46(10): repeal and substitute:

  • (10) An order made under this section is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 125: omit the Regulations (Disallowance) Act 1989 in each place where it appears and substitute in each case Part 3 of the Legislation Act 2010.

Section 167(3): repeal and substitute:

  • (3) A notice made under subsection (1)(ma) is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Animal Welfare Act 1999 (1999 No 142)

Section 6(7): repeal and substitute:

  • (7) An Order in Council made under this section is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 7(2): omit Acts and Regulations Publication Act 1989 and substitute Legislation Act 2010.

Section 16(6): repeal and substitute:

  • (6) An Order in Council made under this section is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 32(8): repeal and substitute:

  • (8) An Order in Council made under this section is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 79: repeal and substitute:

79 Codes of welfare treated as legislative orders for purposes of disallowance
  • Codes of welfare issued under section 75 and notices amending or revoking codes of welfare are disallowable instruments, but not legislative orders, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (2009 No 35)

Section 64(6)(b): repeal and substitute:

  • (b) is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 157(4): repeal and substitute:

  • (4) An exemption under this section is a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

  • (5) A class exemption under this section must be published under section 6 of the Legislation Act 2010 and, for this purpose, class exemption

    • (a) means an exemption of general application that applies to a class of reporting entities or transactions; but

    • (b) does not include an exemption granted in relation to a particular reporting entity or transaction.

  • (6) An exemption under this section that is not a class exemption under subsection (5) must, as soon as practicable after being granted, be—

    • (a) published on an Internet site maintained by or on behalf of the chief executive; and

    • (b) notified in the Gazette; and

    • (c) made available in printed form for purchase on request by members of the public.

  • (7) A notification in the Gazette for the purpose of subsection (6)(b) does not have to incorporate the exemption.

Section 159(3): repeal.

Anti-Personnel Mines Prohibition Act 1998 (1998 No 111)

Section 26(3): repeal and substitute:

  • (3) An order made under subsection (2) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Anzac Day Act 1966 (1966 No 44)

Section 2(3): repeal and substitute:

  • (3) An Order in Council made under subsection (2) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Arms Act 1983 (1983 No 44)

Section 4(3): repeal and substitute:

  • (3) An Order in Council made under this section is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Auckland Regional Amenities Funding Act 2008 (2008 No 3, Private)

Section 20(5): repeal and substitute:

  • (5) A notice given under section 18 or 19—

    • (a) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010; and

    • (b) must be presented to the House of Representatives under section 40 of that Act; and

    • (c) is a regulation for the purposes of the Interpretation Act 1999.

Biosecurity Act 1993 (1993 No 95)

Section 68(3): repeal and substitute:

  • (3) The strategy rules in an Order in Council made under this section are a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 88(12): repeal and substitute:

  • (12) An order made under this section is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 88A(2): repeal and substitute:

  • (2) An order made under this section is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 90(2): repeal and substitute:

  • (2) An order made under subsection (1) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 91: omit the Regulations (Disallowance) Act 1989 in each place where it appears and substitute in each case Part 3 of the Legislation Act 2010.

Section 121B(5): repeal and substitute:

  • (5) An order made under this section is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 137(2): repeal and substitute:

  • (2) A levy order made under this section is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 138: omit the Regulations (Disallowance) Act 1989 in each place where it appears and substitute in each case Part 3 of the Legislation Act 2010.

Section 151: omit the Regulations (Disallowance) Act 1989 in each place where it appears and substitute in each case Part 3 of the Legislation Act 2010.

Broadcasting Act 1989 (1989 No 25)

Section 30(5): repeal and substitute:

  • (5) Rules made under this section are a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Building Act 2004 (2004 No 72)

Section 25(4): repeal.

Section 134(5): repeal.

Section 362: repeal and substitute:

362 Status of rules
  • The rules are a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 405: repeal and substitute:

405 Application of Legislation Act 2010 to incorporation of material by reference
  • (1) This section applies if section 48 of the Legislation Act 2010 is relied on to incorporate material by reference in a compliance document made or issued under this Act.

    (2) When this section applies, subpart 2 of Part 3 of the Legislation Act 2010 (other than section 55) applies.

Sections 406 to 413: repeal.

Section 450(3E): repeal and substitute:

  • (3E) An order made under subsection (3D) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Cadastral Survey Act 2002 (2002 No 12)

Section 49(4)(b): repeal and substitute:

  • (b) are a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Charities Act 2005 (2005 No 39)

Section 43(5): repeal and substitute:

  • (5) An exemption under this section is neither a legislative order nor a disallowable instrument for the purposes of the Legislation Act 2010 and does not have to be presented to the House of Representatives under section 40 of that Act.

Chartered Professional Engineers of New Zealand Act 2002 (2002 No 17)

Section 42: repeal and substitute:

42 Application of Legislation Act 2010 to rules
  • The rules are a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Chemical Weapons (Prohibition) Act 1996 (1996 No 37)

Section 29(3): repeal and substitute:

  • (3) An order made under subsection (2) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Civil Aviation Act 1990 (1990 No 98)

Section 28(7): repeal and substitute:

  • (7) An ordinary rule is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 31(4): repeal and substitute:

  • (4) An emergency rule is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 77A(5): repeal and substitute:

  • (5) A direction that takes effect on a date on or after the notice is published in the Gazette is a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 77A(5A): repeal and substitute:

  • (5A) No direction made under subsection (1) is a legislative order for the purposes of the Legislation Act 2010.

Section 77B(5): repeal and substitute:

  • (5) A direction that takes effect on a date on or after the notice is published in the Gazette is a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 77B(5A): repeal and substitute:

  • (5A) No direction made under subsection (1) is a legislative order for the purposes of the Legislation Act 2010.

Section 91T(2): repeal and substitute:

  • (2) An order made under subsection (1) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Civil Defence Emergency Management Act 2002 (2000 No 33)

Section 39(4): repeal and substitute:

  • (4) A national civil defence emergency management plan made under this section is a legislative order, but not a disallowable instrument, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Sections 40 and 41: repeal and substitute:

40 Incorporation by reference
  • (1) This section applies if section 48 of the Legislation Act 2010 is relied on to incorporate material by reference in a national civil defence emergency plan.

    (2) When this section applies, subpart 2 of Part 3 of the Legislation Act 2010 applies with the following modifications:

    • (a) section 50 does not apply:

    • (b) section 51 must be read as if—

      • (i) references to the chief executive were references to the Director; and

      • (ii) references to the inspection sites were references to the office of the Director:

    • (c) section 53 must be read as if references to the chief executive were references to the Director:

    • (d) section 55 does not apply.

41 Notification of proposed national civil defence emergency management plan
  • (1) The Minister must not recommend to the Governor-General the making of a national civil defence emergency management plan unless the Minister—

    • (a) has made copies of the proposed plan available for inspection at the office of the Director, free of charge, for a reasonable period; and

    • (b) has stated where copies of the proposed plan are available for purchase; and

    • (c) has made copies of the proposed plan available, free of charge, on an Internet site maintained by or on behalf of the Director, except any part of the proposed plan where making it available in this manner would infringe copyright; and

    • (d) has publicly notified the proposed plan by—

      • (i) publishing a notice in the Gazette; and

      • (ii) publishing a notice in 1 or more daily newspapers circulating in the major metropolitan areas; and

      • (iii) giving any other notification that the Minister considers appropriate, having regard to the persons likely to have an interest in the proposal; and

    • (e) has presented the proposed plan to the House of Representatives at least 90 days before making the recommendation.

    (2) Every notice under this section must include—

    • (a) a description of the proposed plan:

    • (b) a statement that submissions on the proposed plan may be made in writing to the Minister by any person:

    • (c) a closing date for submissions (which must not be earlier than 40 working days after the notification under this section):

    • (d) a statement that every submission should state—

      • (i) those aspects of the proposed plan that the submission supports; and

      • (ii) those aspects of the proposed plan that the submission opposes; and

      • (iii) the reasons for the support and opposition identified; and

      • (iv) any specific alternatives to the proposed plan that the person making the submission wishes to recommend:

    • (e) a list of places where a copy of the proposed plan may be purchased or inspected:

    • (f) an address for submissions.

    (3) The Minister may comply with subsection (1)(c) by providing a hypertext link from an Internet site maintained by or on behalf of the responsible department to a copy of the proposed plan that is available, free of charge, on an Internet site that is maintained by or on behalf of someone else.

    (4) For the purposes of subsection (1)(c), the Minister may not rely on section 66 of the Copyright Act 1994 as authority to make available on an Internet site any material that is proposed to be incorporated by reference.

    (5) In this section, proposed plan includes material incorporated by reference in the plan under section 40, together with a translation in an official New Zealand language, where that material is not in an official New Zealand language.

Civil List Act 1979 (1979 No 33)

Section 3(6): repeal and substitute:

  • (6) Determinations and Orders in Council made under this section are legislative orders and disallowable instruments for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 4(7): repeal and substitute:

  • (7) A determination made under this section is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 20A(8): repeal and substitute:

  • (8) A determination made under this section is a legislative order, but not a disallowable instrument, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 22(4): repeal and substitute:

  • (4) A determination made under this section is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Climate Change Response Act 2002 (2002 No 40)

Section 70(4) (as to be substituted by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009): repeal and substitute:

  • (4) An allocation plan is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 161D(4): repeal and substitute:

  • (4) A Gazette notice under subsection (1) is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 161H(4): repeal and substitute:

  • (4) A Gazette notice under subsection (1) is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 163(6): repeal and substitute:

  • (6) Any guidelines or standards issued by the chief executive under regulations made under subsection (1)(d) are a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Sections 175 and 176: repeal and substitute:

175 Application of Legislation Act 2010 to material incorporated by reference
  • (1) Part 2 of the Legislation Act 2010 does not apply to material incorporated by reference in regulations or to an amendment to, or replacement of, that material.

    (2) Material incorporated by reference in regulations does not have to be presented to the House of Representatives under section 40 of the Legislation Act 2010.

Section 224(4): repeal and substitute:

  • (4) To avoid doubt, a Gazette notice under this section is neither a legislative order nor a disallowable instrument for the purposes of the Legislation Act 2010 and does not have to be presented to the House of Representatives under section 40 of that Act.

Cluster Munitions Prohibition Act 2009 (2009 No 68)

Section 15(4): repeal and substitute:

  • (4) A notice under subsection (1) or (3) is neither a legislative order nor a disallowable instrument for the purposes of the Legislation Act 2010.

Commerce Act 1986 (1986 No 5)

Section 52N(6): repeal and substitute:

  • (6) The order is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 53ZG(6): repeal and substitute:

  • (6) An exemption under this section is neither a legislative order nor a disallowable instrument for the purposes of the Legislation Act 2010 and does not have to be presented to the House of Representatives under section 40 of that Act.

Clauses 8 and 9 of Schedule 5: repeal and substitute:

8 Application of Legislation Act 2010 to material incorporated by reference
  • (1) Part 2 of the Legislation Act 2010 does not apply to material incorporated by reference in a Part 4 determination or to any amendment to, or replacement of, that material.

    (2) Subpart 1 of Part 3 of the Legislation Act 2010 does not apply to material incorporated by reference in a Part 4 determination or to any amendment to, or replacement of, that material.

Commissions of Inquiry Act 1908 (1908 No 25)

Section 2: insert published in the Gazette after Order in Council.

Commodity Levies Act 1990 (1990 No 127)

Section 2(4): repeal and substitute:

  • (4) Levy orders and orders made under section 13(2) are legislative orders and disallowable instruments for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 12: omit the Regulations (Disallowance) Act 1989 in each place where it appears and substitute in each case Part 3 of the Legislation Act 2010.

Section 13(1)(b): omit the Regulations (Disallowance) Act 1989 and substitute Part 3 of the Legislation Act 2010.

Conservation Act 1987 (1987 No 65)

Section 48A(2B): repeal and substitute:

  • (2B) A notice in the Gazette made under subsection (2A) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Copyright Act 1994 (1994 No 143)

Paragraph (b) of the definition of Crown in section 2(1): omit and an Office of Parliament and substitute an Office of Parliament, and the Parliamentary Counsel Office.

Definition of government department in section 2(1): add:

  • (e) the Parliamentary Counsel Office.

Paragraph (d) of the definition of Office of Parliament in section 2(1): repeal.

Definition of regulations in section 2(1): repeal and substitute:

regulations includes instruments published under Part 2 of the Legislation Act 2010 or under any corresponding former enactment.

Crimes Act 1961 (1961 No 43)

Section 406: add as subsection (2):

  • (2) A reference under this section must be published in the Gazette.

Criminal Investigations (Bodily Samples) Act 1995 (1995 No 55)

Section 4B(2): repeal and substitute:

  • (2) A notice in the Gazette made under this section is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Crown Entities Act 2004 (2004 No 115)

Section 174(5): repeal and substitute:

  • (5) The instructions are a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Customs and Excise Act 1996 (1996 No 27)

Section 76C(1)(b): omit section 9 of the Acts and Regulations Publication Act 1989 and substitute section 7 of the Legislation Act 2010.

Section 76D: repeal and substitute:

76D Application of Legislation Act 2010
  • Orders in Council amending or modifying the Excise and Excise-equivalent Duties Table and made under section 77, 78, 79, or 79A on or after 1 July 2011

    • (a) are disallowable instruments for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives not later than 16 sitting days after the day on which they are made; but

    • (b) are not legislative orders for the purposes of the Legislation Act 2010 and do not have to be published under section 6 of that Act.

Section 288(11): repeal and substitute:

  • (11) Every rule made under subsection (1) is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

District Courts Act 1947 (1947 No 16)

Section 11G(6): repeal and substitute:

  • (6) Every Order in Council made under subsection (1)(b) or (2) is a legislative order, but not a disallowable instrument, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Dog Control Act 1996 (1996 No 13)

Section 35B(6): repeal and substitute:

  • (6) An order made under subsection (1) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 78A(3): repeal and substitute:

  • (3) An order made under subsection (1) is a legislative order, but not a disallowable instrument, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Education Act 1989 (1989 No 80)

Section 18AA(4): repeal and substitute:

  • (4) Rules made under this section are a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 139AJ(5): repeal and substitute:

  • (5) Rules made under this section are a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 144C(1)(a): omit , whether the regulations set out the standards themselves or adopt standards contained in other documents.

Section 144C(1)(b): omit , whether the regulations set out the codes themselves or adopt codes contained in other documents.

Section 232(3)(e): repeal and substitute:

  • (e) is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 317(5): repeal and substitute:

  • (5) Criteria prescribed by the Minister for use in assessing compliance with minimum standards imposed by regulations made under this section are a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 319(3): repeal and substitute:

  • (3) Criteria prescribed by the Minister for use in assessing compliance with minimum standards imposed by regulations made under this section are a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

New section 319AA: insert after section 319:

319AA Application of Legislation Act 2010 to certain material incorporated by reference
  • (1) This section applies if section 48 of the Legislation Act 2010 is relied on to incorporate material by reference in criteria prescribed under section 317(2)(b) or 319(1)(b) of this Act.

    (2) When this section applies, subpart 2 of Part 3 of the Legislation Act 2010 (other than section 50) applies.

Education Lands Act 1949 (1949 No 24)

Section 15(5): omit gazetted and substitute published in the Gazette.

Electoral Act 1993 (1993 No 87)

Section 104(2)(a): insert published in the Gazette after Order in Council.

Section 266: omit gazetted and substitute published in the Gazette.

Electricity Act 1992 (1992 No 122)

Section 172H(5): repeal and substitute:

  • (5) A rule is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Electricity Industry Reform Act 1998 (1998 No 88)

Section 80(11): repeal and substitute:

  • (11) A designation under this section is neither a legislative order nor a disallowable instrument for the purposes of the Legislation Act 2010 and does not have to be presented to the House of Representatives under section 40 of that Act.

Section 81(7): repeal and substitute:

  • (7) An exemption under this section is neither a legislative order nor a disallowable instrument for the purposes of the Legislation Act 2010 and does not have to be presented to the House of Representatives under section 40 of that Act.

Energy Resources Levy Act 1976 (1976 No 71)

Section 5(2): repeal and substitute:

  • (2) An Order in Council made under this section and presented to the House of Representatives under section 40 of the Legislation Act 2010 in any session expires as follows:

    • (a) if the Order in Council is made on or before 30 June in any calendar year, it expires on the close of the last day of that session except so far as it is expressly validated or confirmed by an Act passed during that session:

    • (b) if the Order in Council is made on or after 1 July in any calendar year, it expires on the close of the last day of the session of Parliament in the following calendar year except so far as it is expressly validated or confirmed by an Act passed during that session or the preceding session.

Epidemic Preparedness Act 2006 (2006 No 85)

Section 21(4): omit section 4 of the Acts and Regulations Publication Act 1989 and substitute the Legislation Act 2010.

Section 22: repeal and substitute:

22 Application of Part 3 of Legislation Act 2010
  • An immediate modification order cannot be disallowed under Part 3 of the Legislation Act 2010 if a notice of motion under section 17 of this Act to disallow it—

    • (a) has lapsed; or

    • (b) has not been agreed to.

Extradition Act 1999 (1999 No 55)

Section 15(4): repeal and substitute:

  • (4) An Order in Council made under subsection (1) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 16(3): repeal and substitute:

  • (3) An Order in Council made under subsection (1) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 40(7): repeal and substitute:

  • (7) An Order in Council made under this section is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Finance Act (No 2) 1990 (1990 No 73)

Section 4: insert published in the Gazette after Order in Council.

Financial Advisers Act 2008 (2008 No 91)

Section 94(3): repeal and substitute:

  • (3) The code is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 148(1): omit by notice in the Gazette.

Section 149(1): omit in the Gazette.

Section 150(2): omit by notice in the Gazette.

New section 150A: insert after section 150:

150A Publication of exemptions
  • (1) An exemption under section 148 is a disallowable instrument under the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

    (2) A class exemption under section 148 must be published under section 6 of the Legislation Act 2010 and, for this purpose, class exemption

    • (a) means an exemption of general application that applies to a class of persons, transactions, or financial advice; but

    • (b) does not include an exemption granted in relation to—

      • (i) a particular person or transaction; or

      • (ii) persons associated with, or transactions involving, a particular entity.

    (3) An exemption under section 148 that is not a class exemption under subsection (2) must, as soon as practicable after being granted, be—

    • (a) published on an Internet site maintained by or on behalf of the Commission; and

    • (b) notified in the Gazette; and

    • (c) made available in printed form for purchase on request by members of the public.

    (4) A notification in the Gazette for the purpose of subsection (3)(b) does not have to incorporate the exemption.

Financial Reporting Act 1993 (1993 No 106)

Section 4B(1): omit , by notice in the Gazette,.

Section 4B(4): repeal and substitute:

  • (4) An exemption is a disallowable instrument under the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

  • (5) A class exemption must be published under section 6 of the Legislation Act 2010 and, for this purpose, class exemption means an exemption of general application that applies to a class of persons.

  • (6) An exemption that is not a class exemption under subsection (5) must, as soon as practicable after being granted, be—

    • (a) published on an Internet site maintained by or on behalf of the Securities Commission; and

    • (b) notified in the Gazette; and

    • (c) made available in printed form for purchase on request by members of the public.

  • (7) A notification in the Gazette for the purpose of subsection (6)(b) does not have to incorporate the exemption.

Section 4D(1): omit in the Gazette.

Section 33: omit The Regulations (Disallowance) Act 1989 and substitute Part 3 of the Legislation Act 2010.

Section 33: omit regulation and substitute disallowable instrument.

Section 35A(1): omit , by notice in the Gazette,.

Section 35A(5): repeal and substitute:

  • (5) An exemption is a disallowable instrument under the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

  • (6) A class exemption must be published under section 6 of the Legislation Act 2010 and, for this purpose, class exemption means an exemption of general application that applies to a class of issuers.

  • (7) An exemption that is not a class exemption under subsection (6) must, as soon as practicable after being granted, be—

    • (a) published on an Internet site maintained by or on behalf of the Securities Commission; and

    • (b) notified in the Gazette; and

    • (c) made available in printed form for purchase on request by members of the public.

  • (8) A notification in the Gazette for the purpose of subsection (7)(b) does not have to incorporate the exemption.

Section 35B(6): repeal and substitute:

  • (6) A notice published in the Gazette under this section is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Fire Service Act 1975 (1975 No 42)

Section 48(2A): repeal and substitute:

  • (2A) An Order in Council made under subsection (2) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 92(2)(na): omit , whether by reference to a New Zealand Standard or otherwise.

Section 92(2)(nb): omit , whether by reference to a New Zealand Standard or otherwise.

Fisheries Act 1996 (1996 No 88)

Section 299A(2): repeal and substitute:

  • (2) An order made under subsection (1) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 303(1): repeal and substitute:

  • (1) A notice given under this Act that is required to be published in the Gazette

    • (a) is a regulation for the purposes of the Interpretation Act 1999; and

    • (b) is a legislative order for the purposes of the Legislation Act 2010, but is not a disallowable instrument for the purposes of that Act and does not have to be presented to the House of Representatives under section 40 of that Act.

Section 303(3): repeal and substitute:

  • (3) A notice given under section 11(4)(b)(i) is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Food Act 1981 (1981 No 45)

Section 11I: repeal and substitute:

11I Foods standards subject to disallowance
  • A food standard is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Foreshore and Seabed Act 2004 (2004 No 93)

Section 26(10): repeal and substitute:

  • (10) A notice given under any of subsections (1), (2), (4), and (5) is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Forests Act 1949 (1949 No 19)

Section 67ZM(2): repeal and substitute:

  • (2) A levy order is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 67ZT: omit the Regulations (Disallowance) Act 1989 in each place where it appears and substitute in each case Part 3 of the Legislation Act 2010.

Gambling Act 2003 (2003 No 51)

Section 21(2): repeal and substitute:

  • (2) A notice given under subsection (1) is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 116(6): repeal and substitute:

  • (6) A notice given under subsection (1) is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 243(7): repeal and substitute:

  • (7) Rules made under this section are a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 244(3): repeal and substitute:

  • (3) A notice given under this section is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 280(7): repeal and substitute:

  • (7) A notice given under subsection (1) is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 301(7): repeal and substitute:

  • (7) A notice given under subsection (1)(c) is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 327(5): repeal and substitute:

  • (5) Minimum standards prescribed by the Secretary under this section are a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 367(7): repeal and substitute:

  • (7) A rule, amendment, or revocation made under subsection (1) is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Gas Act 1992 (1992 No 124)

Section 43Q(5): repeal and substitute:

  • (5) A rule is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Goods and Services Tax Act 1985 (1985 No 141)

Section 78(3): insert or by any legislative order (within the meaning of the Legislation Act 2010) after pursuant to, any Act.

Hazardous Substances and New Organisms Act 1996 (1996 No 30)

Section 49B(2)(b): repeal and substitute:

  • (b) is neither a legislative order nor a disallowable instrument for the purposes of the Legislation Act 2010 and does not have to be presented to the House of Representatives under section 40 of that Act.

Section 50(5): repeal and substitute:

  • (5) An Order in Council made under this section is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 96B(5): repeal and substitute:

  • (5) A notice issued under this section is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 141I: repeal and substitute:

141I Application of Legislation Act 2010
  • (1) Part 2 of the Legislation Act 2010 does not apply to material incorporated by reference in regulations, group standards, notices of transfer, or codes of practice, or to any amendment to, or replacement of, that material.

    (2) Subpart 1 of Part 3 of the Legislation Act 2010 applies to regulations, group standards, and notices of transfer that incorporate material by reference, but does not apply to codes of practice that incorporate material by reference.

    (3) However, nothing in section 40 of the Legislation Act 2010 requires material (including any amendment to, or replacement of, that material) that is incorporated by reference in regulations, group standards, or notices of transfer to be presented to the House of Representatives.

Health Act 1956 (1956 No 65)

Section 69O(5): repeal and substitute:

  • (5) Standards issued or adopted under subsection (1) are a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 69ZL(3): repeal and substitute:

  • (3) A notice under subsection (1)(j)(ii) is neither a legislative order nor a disallowable instrument for the purposes of the Legislation Act 2010 and does not have to be presented to the House of Representatives under section 40 of that Act.

Heath and Disability Services (Safety) Act 2001 (2001 No 93)

Section 16(1): repeal and substitute:

  • (1) A notice under section 13 or 14 is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Health Practitioners Competence Assurance Act 2003 (2003 No 48)

Section 9(7): repeal and substitute:

  • (7) An Order in Council under this section is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 14(4): repeal and substitute:

  • (4) A notice published under section 11 or 12 is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 63: repeal and substitute:

63 Application of Legislation Act 2010 to notices under section 54
  • A notice issued under section 54, and an amendment or revocation of a notice issued under that section, is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 115(4): repeal and substitute:

  • (4) An Order in Council under subsection (1) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 132(3): repeal and substitute:

  • (3) A notice under section 130 or 131 is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Health Sector (Transfers) Act 1993 (1993 No 23)

Section 5(6)(b): repeal and substitute:

  • (b) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Housing Restructuring and Tenancy Matters Act 1992 (1992 No 76)

Section 24(3): repeal and substitute:

  • (3) An Order in Council under this section is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 25(4)(a): insert or the Legislation Act 2010 after Acts and Regulations Publication Act 1989.

Immigration Act 1987 (1987 No 74)

Section 13A: add:

  • (4) A publication under this section is neither a legislative order nor a disallowable instrument for the purposes of the Legislation Act 2010 and does not have to be presented to the House of Representatives under section 40 of that Act.

Section 13B: add:

  • (6) The written expression of Government residence policy is neither a legislative order nor a disallowable instrument for the purposes of the Legislation Act 2010 and does not have to be presented to the House of Representatives under section 40 of that Act.

Section 14E(2B)(c): repeal and substitute:

  • (c) is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 130: add:

  • (7) A special direction is neither a legislative order nor a disallowable instrument for the purposes of the Legislation Act 2010 and does not have to be presented to the House of Representatives under section 40 of that Act, unless this Act otherwise provides.

Immigration Act 2009 (2009 No 51)

Section 22(8)(b): repeal and substitute:

  • (b) are neither legislative orders nor disallowable instruments for the purposes of the Legislation Act 2010 and do not have to be presented to the House of Representatives under section 40 of that Act.

Section 69(4)(c): repeal and substitute:

  • (c) is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 86(5): add ; and and also add:

  • (c) is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 378: add:

  • (9) A special direction is neither a legislative order nor a disallowable instrument for the purposes of the Legislation Act 2010 and does not have to be presented to the House of Representatives under section 40 of that Act, unless this Act otherwise provides.

Immigration Advisers Licensing Act 2007 (2007 No 15)

Section 39: repeal and substitute:

39 Application of Legislation Act 2010 to code and standards
  • The code of conduct and competency standards, and any amendment, revocation, or replacement of the code or standards, are disallowable instruments, but not legislative orders, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Imperial Laws Application Act 1988 (1988 No 112)

Section 3(7): repeal and substitute:

  • (7) An Order in Council made under subsection (6) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Incorporated Societies Act 1908 (1908 No 212)

Definition of regulations in section 3: repeal.

Section 32(1): insert , by Order in Council, after and may.

Section 36: omit gazetted.

Industry Training Act 1992 (1992 No 55)

Section 26(4): repeal and substitute:

  • (4) A levy order is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 51: omit the Regulations (Disallowance) Act 1989 in each place where it appears and substitute in each case Part 3 of the Legislation Act 2010.

Section 52(1)(b): omit the Regulations (Disallowance) Act 1989 and substitute Part 3 of the Legislation Act 2010.

Inspector-General of Intelligence and Security Act 1996 (1996 No 47)

Section 2(3): repeal and substitute:

  • (3) An Order in Council made under subsection (2) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 23(5): omit within the meaning of the Regulations (Disallowance) Act 1989.

Institute of Chartered Accountants of New Zealand Act 1996 (1996 No 39)

Section 8: repeal and substitute:

8 Application of Legislation Act 2010 to certain rules and code of ethics
  • The following are disallowable instruments, but not legislative orders, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act:

    • (a) rules that relate to the matters referred to in sections 5(d), 6(1)(a), (b), and (f) to (j), and 19:

    • (b) rules that relate to the entitlement of members to use the designation chartered accountant:

    • (c) the code of ethics required by section 7.

Insurance Companies' Deposits Act 1953 (1953 No 50)

Section 22E(6): repeal and substitute:

  • (6) A notice published in the Gazette under this section is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (2003 No 116)

Section 148(3): repeal and substitute:

  • (3) All guidelines and standards issued under subsection (1) are disallowable instruments, but not legislative orders, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Intelligence and Security Committee Act 1996 (1996 No 46)

Section 2(3): repeal and substitute:

  • (3) An Order in Council made under subsection (2) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

International War Crimes Tribunal Act 1995 (1995 No 27)

Section 61(3): repeal and substitute:

  • (3) An Order in Council made under this section is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Judicature Act 1908 (1908 No 89)

Section 51A: repeal and substitute:

51A Publication of High Court Rules under Legislation Act 2010
  • (1) The High Court Rules, and any reprint of the High Court Rules, may be published under the Legislation Act 2010 as if the rules were a legislative order within the meaning of that Act.

    (2) The Legislation Act 2010 applies accordingly to rules published in that way.

KiwiSaver Act 2006 (2006 No 40)

Section 65(4): omit laid before the House of Representatives pursuant to the Regulations (Disallowance) Act 1989 and substitute presented to the House of Representatives under section 40 of the Legislation Act 2010.

Land Transport Act 1998 (1998 No 110)

Section 2(2): omit regulation for the purposes of the Acts and Regulations Publication Act 1989 and substitute legislative order and a disallowable instrument for the purposes of the Legislation Act 2010.

Section 160(6): repeal and substitute:

  • (6) An ordinary rule is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 162(4): repeal and substitute:

  • (4) An emergency rule is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 168A(5): repeal and substitute:

  • (5) A notice given under this section is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Land Transport Management Act 2003 (2003 No 118)

Section 46(4): repeal and substitute:

  • (4) An Order in Council made under subsection (1) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 65O(5): repeal and substitute:

  • (5) An Order in Council made under subsection (1) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 85: repeal and substitute:

85 Status of GPS
  • To avoid doubt, a GPS is not a direction for the purposes of Part 3 of the Crown Entities Act 2004 and is neither a legislative order nor a disallowable instrument for the purposes of the Legislation Act 2010 (and does not have to be presented to the House of Representatives under section 40 of that Act).

Lawyers and Conveyancers Act 2006 (2006 No 1)

Section 72: repeal and substitute:

72 Application of Legislation Act 2010 to constitution of New Zealand Law Society
  • The provisions of the constitution of the New Zealand Law Society and the provisions of any amendment to that constitution or to any new constitution adopted by the New Zealand Law Society are legislative orders and disallowable instruments for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 89: repeal and substitute:

89 Application of Legislation Act 2010 to constitution of the New Zealand Society of Conveyancers
  • The provisions of the constitution of the New Zealand Society of Conveyancers and the provisions of any amendment to that constitution or to any new constitution adopted by the New Zealand Society of Conveyancers are legislative orders and disallowable instruments for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 106: repeal and substitute:

106 Application of Legislation Act 2010 to rules
  • The rules to which section 100 applies and amendments to those rules are legislative orders and disallowable instruments for the purposes of the Legislation Act 2010.

Local Government Act 2002 (2002 No 84)

New section 27A: insert after section 27:

27A Orders in Council to be published in Gazette
  • An Order in Council made under any of sections 25 to 27 must be published in the Gazette.

Clause 6(4) of Schedule 7: repeal and substitute:

  • (4) A determination by the Remuneration Authority under this clause is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Local Government (Auckland Council) Act 2009 (2009 No 32)

Section 35(7)(b): repeal and substitute:

  • (b) is neither a legislative order nor a disallowable instrument for the purposes of the Legislation Act 2010 (and does not have to be presented to the House of Representatives under section 40 of that Act).

Local Government Official Information and Meetings Act 1987 (1987 No 174)

Paragraph (a)(ii) of the definition of enactment in section 2: repeal and substitute:

  • (ii) any legislative order within the meaning of the Legislation Act 2010 made by Order in Council; and.

Section 56(2): repeal and substitute:

  • (2) An Order in Council made under subsection (1) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Major Events Management Act 2007 (2007 No 35)

Section 81: repeal and substitute:

81 Application of Legislation Act 2010
  • (1) An Order in Council made under section 7 or 8 is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

    (2) A notice in the Gazette under section 16—

    • (a) is a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act; but

    • (b) is not a legislative order for the purposes of that Act.

Maori Land Amendment and Maori Land Claims Adjustment Act 1926 (1926 No 64)

Section 14(12): repeal and substitute:

  • (12) A notice made under subsection (11) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Maritime Security Act 2004 (2004 No 16)

Section 49(4): repeal and substitute:

  • (4) The notice is not a legislative order for the purposes of the Legislation Act 2010, but if the direction in the notice takes effect on a date on or after the notice is published in the Gazette, the notice is a disallowable instrument for the purposes of that Act and must be presented to the House of Representatives under section 40 of that Act.

Section 78(7)(a): repeal and substitute:

  • (a) is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act; and.

Maritime Transport Act 1994 (1994 No 104)

Section 451(6): repeal and substitute:

  • (6) A rule made under this Act is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Meat Board Act 2004 (2004 No 58)

Section 36(7): repeal and substitute:

  • (7) A notice under subsection (2) is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 55(4): repeal and substitute:

  • (4) A notice under subsection (2) is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Medicines Act 1981 (1981 No 118)

Section 2(3): repeal and substitute:

  • (3) A notice given by the Minister in the Gazette for the purposes of subsection (1) is—

    • (a) a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act; and

    • (b) a regulation for the purposes of the Interpretation Act 1999.

Section 96J(3): repeal and substitute:

  • (3) An Order in Council made under this section is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Military Decorations and Distinctive Badges Act 1918 (1918 No 3)

Section 4(1): omit gazetted and substitute published in the Gazette.

Military Manoeuvres Act 1915 (1915 No 42)

Section 8: omit gazetted and substitute published in the Gazette.

Misuse of Drugs Act 1975 (1975 No 116)

Section 4(3): repeal and substitute:

  • (3) An Order in Council made under subsection (1) or (1B) is a legislative order, but not a disallowable instrument, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 5A(3): repeal and substitute:

  • (3) A notice given by the Minister in the Gazette for the purposes of subsection (1) is—

    • (a) a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act; and

    • (b) a regulation for the purposes of the Interpretation Act 1999.

Section 22(6): repeal and substitute:

  • (6) A notice issued under subsection (1A) is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 31(6): repeal and substitute:

  • (6) A notice given by the Minister in the Gazette for the purposes of subsection (1) is—

    • (a) a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act; and

    • (b) a regulation for the purposes of the Interpretation Act 1999.

Misuse of Drugs Amendment Act 2005 (2005 No 81)

Section 33(3): repeal and substitute:

  • (3) An Order in Council made under subsection (1) is a legislative order, but not a disallowable instrument, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Modern Apprenticeship Training Act 2000 (2000 No 94)

Section 29: repeal and substitute:

29 Application of Legislation Act 2010 to approved code
  • The approved code of practice is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003 (2003 No 19)

Section 35: repeal and substitute:

35 Application of Legislation Act 2010 to requirements
  • A requirement is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

National Parks Act 1980 (1980 No 66)

New section 12A: insert after section 12:

12A Orders in Council to be published in Gazette
  • An Order in Council made under any of sections 7, 10, and 12 must be published in the Gazette.

National Provident Fund Restructuring Act 1990 (1990 No 126)

Section 9(3)(b): repeal and substitute:

  • (b) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 10(3)(b): repeal and substitute:

  • (b) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 10A(3)(b): repeal and substitute:

  • (b) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

National Provident Fund Restructuring Amendment Act 1997 (1997 No 83)

Section 21(4): repeal and substitute:

  • (4) The notice is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 22(5): repeal and substitute:

  • (5) The notice is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

New Zealand Horticulture Export Authority Act 1987 (1987 No 93)

Section 3: repeal and substitute:

3 Application and limitation of Act
  • This Act applies to the extent that it does not conflict with any other enactment (being an Act or a legislative order made by Order in Council) relating to the export of any particular product.

New Zealand Stock Exchange Restructuring Act 2002 (2002 No 1, Private)

Section 11(11): repeal and substitute:

  • (11) An Order in Council made under this section is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act, but the conduct rules are neither a legislative order nor a disallowable instrument for the purposes of that Act.

Section 12(8): repeal and substitute:

  • (8) An Order in Council made under this section is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Nuclear-Test-Ban Act 1999 (1999 No 10)

Section 22(3): repeal and substitute:

  • (3) An order made under subsection (2) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Official Information Act 1982 (1982 No 156)

Paragraph (b) of the definition of enactment in section 2(1): repeal and substitute:

  • (b) any legislative order within the meaning of the Legislation Act 2010 made by Order in Council.

Section 49(2): repeal and substitute:

  • (2) An order made under subsection (1) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Ombudsmen Act 1975 (1975 No 9)

Section 15(3): repeal and substitute:

  • (3) All rules made under this section must be published under the Legislation Act 2010 as if they were legislative orders, but they are not disallowable instruments for the purposes of that Act and do not have to be presented to the House of Representatives under section 40 of that Act.

Section 19(3): repeal and substitute:

  • (3) Subject to this section and to section 20(1), a person who is bound by the provisions of an enactment (being an Act or a legislative order within the meaning of the Legislation Act 2010 made by Order in Council) to maintain secrecy in relation to, or not to disclose, any matter may be required to supply any information to or answer any question put by an Ombudsman in relation to that matter, or to produce to an Ombudsman any document or paper or thing relating to it, even if compliance with that requirement would otherwise be in breach of the obligation of secrecy or non-disclosure.

Parental Leave and Employment Protection Act 1987 (1987 No 129)

Section 2AB(3): repeal and substitute:

  • (3) A notice published under this section is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Parliamentary Service Act 2000 (2000 No 17)

Section 25(4): repeal and substitute:

  • (4) A resolution made under subsection (1) is a legislative order, but not a disallowable instrument, for the purposes of the Legislation Act 2010.

Petroleum Demand Restraint Act 1981 (1981 No 12)

Section 12: repeal and substitute:

12 Publication or notification is sufficient notice
  • The publication in the Gazette or in accordance with the Legislation Act 2010 of any petroleum demand restraint regulations, or of any Order in Council, order, notice, warrant, licence, or other act of authority under this Act or under any petroleum demand restraint regulations must be treated for all purposes as notice of the act of authority to all persons concerned, and in any prosecution under this Act the liability of the accused must be determined accordingly.

Plumbers, Gasfitters, and Drainlayers Act 2006 (2006 No 74)

Section 12(4): repeal and substitute:

  • (4) A notice published under this section is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 35(2): repeal and substitute:

  • (2) A notice published under section 28 or 30 is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 52(3): repeal and substitute:

  • (3) A notice published in the Gazette under this section is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 145(2): repeal and substitute:

  • (2) A notice under sections 142 to 144 is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Policing Act 2008 (2008 No 72)

Section 27(2): repeal and substitute:

  • (2) An Order in Council made under this section is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Port Companies Act 1988 (1988 No 91)

Section 14: add:

  • (4) A notice in the Gazette under this section is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Privacy Act 1993 (1993 No 28)

Paragraph (b) of the definition of enactment in section 2: repeal and substitute:

  • (b) any legislative order within the meaning of the Legislation Act 2010 made by Order in Council.

Section 7(3)(a): omit regulations within the meaning of the Regulations (Disallowance) Act 1989 and substitute legislative order within the meaning of the Legislation Act 2010.

Section 50: repeal and substitute:

50 Application of Legislation Act 2010 to codes
  • All codes of practice issued under section 46 are disallowable instruments, but not legislative orders, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Public Finance Act 1989 (1989 No 44)

Section 80A(6): repeal and substitute:

  • (6) Instructions issued under this section are a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Public Transport Management Act 2008 (2008 No 87)

Section 13(12): repeal and substitute:

  • (12) A control is neither a legislative order nor a disallowable instrument for the purposes of the Legislation Act 2010 and does not have to be presented to the House of Representatives under section 40 of that Act.

Racing Act 2003 (2003 No 3)

Section 22(4): repeal and substitute:

  • (4) Rules made under subsection (2) are a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 32(2): repeal and substitute:

  • (2) Rules made under section 29 or 34 are a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 59(2): repeal and substitute:

  • (2) Rules made under section 52 or 54 are a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Railways Act 2005 (2005 No 37)

Section 54(5): repeal and substitute:

  • (5) An ordinary rule is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 56(4): repeal and substitute:

  • (4) An emergency rule is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Rating Valuations Act 1998 (1998 No 69)

Section 5(6): repeal and substitute:

  • (6) Rules made under this section are a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Real Estate Agents Act 2008 (2008 No 66)

Section 19(2): repeal and substitute:

  • (2) A notice under section 14, 15, or 18 is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 23(2): repeal and substitute:

  • (2) A notice under any of sections 20 to 22 is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Reciprocal Enforcement of Judgments Act 1934 (1934 No 11)

Section 11A: repeal and substitute:

11A Application of Legislation Act 2010 to orders
  • An Order in Council made under this Act is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Registered Architects Act 2005 (2005 No 38)

Section 74: repeal and substitute:

74 Application of Legislation Act 2010 to rules
  • The rules are a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Remuneration Authority Act 1977 (1977 No 110)

Section 12B(9): repeal and substitute:

  • (9) A determination to which subsection (1) or (2) applies is a legislative order for the purposes of the Legislation Act 2010, but is not required to be presented to the House of Representatives under section 40 of that Act and is not a disallowable instrument for the purposes of that Act.

Section 16(2): repeal and substitute:

  • (2) A determination to which subsection (1) applies is a legislative order for the purposes of the Legislation Act 2010 but is not required to be presented to the House of Representatives under section 40 of that Act and is not a disallowable instrument for the purposes of that Act.

Reprint of Statutes Act 1931 (1931 No 13)

Section 4: repeal and substitute:

4 Judicial notice to be taken of reprint
  • All courts and persons acting judicially must take judicial notice of the reprint, and all copies of the reprint printed or published under the authority of the New Zealand Government must be treated as being correct copies of the enactments reprinted and as having been so printed or published, unless the contrary is shown.

Reserve Bank of New Zealand Act 1989 (1989 No 157)

Section 81(5): repeal and substitute:

  • (5) An Order in Council made under this section is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 81AA(2)(g): repeal.

Section 81AA(3): repeal.

Section 156N(6)(a): repeal and substitute:

  • (a) rules are neither legislative orders nor disallowable instruments for the purposes of the Legislation Act 2010 (and do not have to be presented to the House of Representatives under section 40 of that Act); and.

Section 157G(1): omit , by notice in the Gazette,.

Section 157G(5) to (7): repeal and substitute:

  • (5) An exemption is a disallowable instrument under the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

  • (6) A class exemption must be published under section 6 of the Legislation Act 2010 and, for this purpose, class exemption means an exemption of general application that applies to a class of deposit takers.

  • (7) An exemption that is not a class exemption under subsection (6) must, as soon as practicable after being granted, be—

    • (a) published on an Internet site maintained by or on behalf of the Bank; and

    • (b) notified in the Gazette; and

    • (c) made available in printed form for purchase on request by members of the public.

  • (8) The Bank's reasons for granting the exemption (including why an exemption is appropriate) must be published together with the exemption.

  • (9) However, the Bank may defer publishing, and need not publish, the reasons for granting an exemption if the Bank is satisfied on reasonable grounds that it is proper to do so on the ground of commercial confidentiality.

  • (10) A notification in the Gazette for the purpose of subsection (7)(b) does not have to incorporate the exemption.

Section 157S(2)(e): repeal.

Section 157S(3): repeal.

Section 157W: repeal.

New section 173A: insert after section 173:

173A Application of Legislation Act 2010 to material incorporated by reference
  • (1) This section applies if section 48 of the Legislation Act 2010 is relied on to incorporate material by reference in any of the following:

    • (a) an Order in Council made under section 81:

    • (b) regulations made under Part 5D:

    • (c) an exemption granted under section 157G.

    (2) When this section applies, subpart 2 of Part 3 of the Legislation Act 2010 applies.

Schedule 3: repeal.

Resource Management Act 1991 (1991 No 69)

Section 46A(4): repeal and substitute:

  • (4) A national policy statement prepared after the use of a process established under subsection (1)(b) is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Retirement Villages Act 2003 (2003 No 112)

Section 92(1): repeal and substitute:

  • (1) A code of practice is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Road User Charges Act 1977 (1977 No 124)

Section 2: add:

  • (5) A notice in the Gazette under this section for the purposes of the definition of gross laden weight or the definition of weight is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Securities Act 1978 (1978 No 103)

Section 5(5): omit by notice in the Gazette,.

Section 5(5A) to (6): repeal and substitute:

  • (6) An exemption under subsection (5) is a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

  • (7) A class exemption under subsection (5) must be published under section 6 of the Legislation Act 2010 and, for this purpose, class exemption

    • (a) means an exemption of general application that applies to a class of persons or a class of transactions; but

    • (b) does not include an exemption granted in relation to—

      • (i) a particular person or transaction; or

      • (ii) persons associated with, or transactions involving, a particular entity.

  • (8) An exemption that is not a class exemption under subsection (7) must, as soon as practicable after being granted, be—

    • (a) published on an Internet site maintained by or on behalf of the Commission; and

    • (b) notified in the Gazette; and

    • (c) made available in printed form for purchase on request by members of the public.

  • (9) The Commission's reasons for granting an exemption under subsection (5) (including why the exemption is appropriate) must be published together with the exemption.

  • (10) The Commission may defer publishing, and need not publish, the reasons for granting an exemption if the Commission is satisfied on reasonable grounds that it is proper to do so on the ground of commercial confidentiality.

  • (11) A notification in the Gazette for the purpose of subsection (8)(b) does not have to incorporate the exemption.

  • (12) Nothing in Part 5 limits subsection (5).

Securities Markets Act 1988 (1988 No 234)

Section 36E(1): omit , by notice in the Gazette,.

Section 36E(6): omit , by notice in the Gazette,.

Section 36E: add:

  • (7) An exemption under this section is a disallowable instrument under the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

  • (8) A class exemption under this section must be published under section 6 of the Legislation Act 2010 and, for this purpose, class exemption

    • (a) means an exemption of general application that applies to a class of securities markets or class of futures markets; but

    • (b) does not include an exemption granted in relation to a particular securities market or futures market.

  • (9) An exemption that is not a class exemption under subsection (8) must, as soon as practicable after being granted, be—

    • (a) published on an Internet site maintained by or on behalf of the Commission; and

    • (b) notified in the Gazette; and

    • (c) made available in printed form for purchase on request by members of the public.

  • (10) A notification in the Gazette for the purpose of subsection (9)(b) does not have to incorporate the exemption.

Section 36R: repeal and substitute:

36R Application of Legislation Act 2010 to conduct rules
  • To avoid doubt, conduct rules are neither legislative orders nor disallowable instruments for the purposes of the Legislation Act 2010 (and do not have to be presented to the House of Representatives under section 40 of that Act) and are not regulations for any purpose.

Section 37: add:

  • (11) Declarations to which subsection (7)(b) applies (but no other declarations made under this section) are legislative orders for the purposes of the Legislation Act 2010, and all declarations made under this section are disallowable instruments for the purposes of that Act and must be presented to the House of Representatives under section 40 of that Act.

Section 48(1): omit , by notice in the Gazette,.

Section 48A(1): omit in the Gazette.

Section 48B(2): omit by notice in the Gazette.

New section 48BB: insert after section 48B:

48BB Publication of exemptions
  • (1) An exemption under section 48 is a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

    (2) A class exemption under section 48 must be published under section 6 of the Legislation Act 2010 and, for this purpose, class exemption

    • (a) means an exemption of general application that applies to a class of persons, transactions, relevant interests, substantial holdings, relevant events, acquisitions, disposals, investment advice, or investment broker services; but

    • (b) does not include an exemption granted in relation to—

      • (i) particular persons, transactions, relevant interests, substantial holdings, relevant events, acquisitions, disposals, investment advice, or investment broker services; or

      • (ii) persons, transactions, relevant interests, substantial holdings, relevant events, acquisitions, disposals, investment advice, or investment broker services associated with or involving a particular entity.

    (3) An exemption that is not a class exemption under subsection (2) must, as soon as practicable after being granted, be—

    • (a) published on an Internet site maintained by or on behalf of the Commission; and

    • (b) notified in the Gazette; and

    • (c) made available in printed form for purchase on request by members of the public.

    (4) A notification in the Gazette for the purpose of subsection (3)(b) does not have to incorporate the exemption.

Securities Transfer Act 1991 (1991 No 119)

Section 7(8): repeal and substitute:

  • (8) An Order in Council made under this section is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Social Security Act 1964 (1964 No 136)

Section 61H(3): repeal and substitute:

  • (3) An Order in Council made under this section and presented to the House of Representatives under section 40 of the Legislation Act 2010 expires on the close of the period of 12 months commencing with the date on which it was presented, except so far as it is expressly validated and confirmed by an Act of Parliament passed before that date.

Section 61H(4): repeal and substitute:

  • (4) An Order in Council made under this section that is presented to the House of Representatives under section 40 of the Legislation Act 2010, and that has been revoked by a subsequent Order in Council before the close of 31 December in the calendar year following the calendar year during which it was presented to the House, must be treated as being invalid in respect of the period for which it purported to have effect except so far as it is expressly validated and confirmed in respect of that period by an Act passed before that date.

Social Workers Registration Act 2003 (2003 No 17)

Section 110(3): repeal and substitute:

  • (3) A notice published under section 108 or 109 or this section is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Sports Anti-Doping Act 2006 (2006 No 58)

Section 24: repeal and substitute:

24 Application of Legislation Act 2010 to rules
  • (1) The rules are a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

    (2) However, section 40 of the Legislation Act 2010 does not apply to material incorporated by reference in the rules.

    (3) To avoid doubt, nothing in Part 2 of the Legislation Act 2010 applies to material incorporated by reference in the rules.

Section 25: repeal.

State-Owned Enterprises Act 1986 (1986 No 124)

Section 32(4): repeal and substitute:

  • (4) A State enterprise must comply with a notice given under subsection (3), and the notice is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Takeovers Act 1993 (1993 No 107)

Section 45(4) to (8): repeal and substitute:

  • (4) An exemption under this section is a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

  • (5) A class exemption under this section must be published under section 6 of the Legislation Act 2010 and, for this purpose, class exemption

    • (a) means an exemption of general application that applies to a class of persons, transactions, or offers; but

    • (b) does not include an exemption that applies to—

      • (i) particular persons, transactions, or offers; or

      • (ii) persons, transactions, or offers associated with or involving a particular code company or other entity.

  • (6) An exemption under this section that is not a class exemption under subsection (5) must, as soon as practicable after being granted, be—

    • (a) published on an Internet site maintained by or on behalf of the Panel; and

    • (b) notified in the Gazette; and

    • (c) made available in printed form for purchase on request by members of the public.

  • (7) The Panel's reasons for granting an exemption must be published together with the exemption, and the reasons must include—

    • (a) why it is appropriate that the exemption is granted; and

    • (b) how the exemption is consistent with the objectives of the takeovers code.

  • (8) Subsections (4) to (7) are subject to section 45A.

  • (9) A notification in the Gazette for the purpose of subsection (6)(b) does not have to incorporate the exemption.

New section 45A: insert after section 45:

45A Deferral of obligations, and variation or revocation of exemptions
  • (1) The Panel may defer complying with section 45(6) if the Panel is satisfied on reasonable grounds that it is proper to do so on the ground of commercial confidentiality.

    (2) The Panel may defer publishing, and need not publish, under section 45 the reasons for granting an exemption if the Panel is satisfied on reasonable grounds that it is proper to do so on the ground of commercial confidentiality.

    (3) The Panel may vary or revoke an exemption granted under section 45.

    (4) Section 45 and this section apply, with necessary modifications, in all respects to a variation or revocation under this section.

Taratahi Agricultural Training Centre (Wairarapa) Act 1969 (1969 No 138)

Section 3(2B): repeal and substitute:

  • (2B) An Order in Council made under subsection (2A) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Tariff Act 1988 (1988 No 155)

Section 7G: repeal and substitute:

7G Application of Legislation Act 2010
  • (1) An Order in Council that incorporates material by reference under section 7C, or amends or replaces such an order, is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

    (2) However, material incorporated by reference under section 7C does not have to be presented to the House of Representatives under section 40 of that Act.

Section 7H: repeal.

Section 9B(1)(b): omit section 9 of the Acts and Regulations Publication Act 1989 and substitute section 7 of the Legislation Act 2010.

Section 11(1): repeal and substitute:

  • (1) Every Order in Council made under section 9 and presented to the House of Representatives under the Legislation Act 2010 expires on the close of 31 December in the calendar year following the calendar year during which it was presented to the House, except so far as it is expressly validated and confirmed by an Act of Parliament passed before that date.

Section 11(3): repeal and substitute:

  • (3) If the House of Representatives resolves that any Order in Council made under this Act (other than an Order in Council made under section 9) presented to it under the Legislation Act 2010 should be revoked or varied, it must be treated as having been revoked or varied in accordance with the terms of the resolution, and any duty payable must, so far as that resolution provides, be refunded.

Tax Administration Act 1994 (1994 No 166)

Section 225A(3): repeal and substitute:

  • (3) An Order in Council made under subsection (1) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Telecommunications Act 2001 (2001 No 103)

Section 69G(5): repeal and substitute:

  • (5) A determination is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 69G(6): repeal.

Section 105(2): repeal and substitute:

  • (2) A notice in the Gazette under this section is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Section 160(3): repeal and substitute:

  • (3) A notice in the Gazette under subsection (1)(b) is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Tourist and Health Resorts Control Act 1908 (1908 No 194)

Section 5: omit gazetted and substitute published in the Gazette.

Section 6: omit gazetted and substitute published in the Gazette.

Trans-Tasman Mutual Recognition Act 1997 (1997 No 60)

Section 76(3): omit Acts Interpretation Act 1924 and substitute Interpretation Act 1999.

Section 76(4): repeal and substitute:

  • (4) In subsection (3), regulations

    • (a) has the same meaning as it has in the Interpretation Act 1999; and

    • (b) includes legislative orders within the meaning of the Legislation Act 2010; and

    • (c) includes any instruments that have, under any Act, been printed or published as if they were regulations or legislative orders.

United Nations Act 1946 (1946 No 7)

Section 3(2): repeal and substitute:

  • (2) The publication in the Gazette or in accordance with the Legislation Act 2010 of any regulations made under this Act or of any Order in Council, Proclamation, order, notice, warrant, licence, or other act of authority under this Act or under the regulations must be treated for all purposes as being notice of the act of authority to all persons concerned, and in any prosecution the liability of the accused must be determined accordingly.

Veterinarians Act 2005 (2005 No 126)

Section 89: repeal and substitute:

89 Application of Legislation Act 2010 to Gazette notices
  • Every matter approved or prescribed under this Act that is required to be published in the Gazette is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

War Pensions Act 1954 (1954 No 54)

Section 75C(3): repeal and substitute:

  • (3) Every Order in Council made under this section and presented to the House of Representatives under section 40 of the Legislation Act 2010 expires on the close of the period of 12 months commencing with the date on which it was presented to the House, except so far as it is expressly validated and confirmed by an Act passed before that date.

Section 75C(4): repeal and substitute:

  • (4) Every Order in Council made under this section and presented to the House of Representatives under section 40 of the Legislation Act 2010, and revoked by a subsequent Order in Council before the close of 31 December in the calendar year following the calendar year during which it was presented to the House, must be treated as being invalid in respect of the period for which it purported to have effect except so far as it is expressly validated and confirmed in respect of that period by an Act passed before that date.

Wellington Airport Act 1990 (1990 No 56)

Section 7: add:

  • (11) An Order in Council made under subsection (3) is neither a legislative order nor a disallowable instrument for the purposes of the Legislation Act 2010 and does not have to be presented to the House of Representatives under section 40 of that Act.

Wildlife Act 1953 (1953 No 31)

Section 72(3B): repeal and substitute:

  • (3B) A notice in the Gazette made under subsection (3A) is a legislative order and a disallowable instrument for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.

Wine Act 2003 (2003 No 114)

Section 96(1)(b): omit the Regulations (Disallowance) Act 1989 and substitute Part 3 of the Legislation Act 2010.

Section 96(2)(b): omit the Regulations (Disallowance) Act 1989 and substitute Part 3 of the Legislation Act 2010.

Section 120(3): repeal and substitute:

  • (3) A notice under subsection (1)(o) is a disallowable instrument, but not a legislative order, for the purposes of the Legislation Act 2010 and must be presented to the House of Representatives under section 40 of that Act.


  • 1 NZLC R104, paragraph 2 on page 3.

  • 2 The Standards and Accreditation Bill is intended to replace the 1988 Act.