Hon Christopher Finlayson

Legislation Bill

Government Bill

275—1

Contents

Explanatory note
1Title
2Commencement
3Purpose of this Act
4Overview of this Act
5Interpretation
6Transitional, savings, and related provisions
7Act binds the Crown
8Purposes of this Part
9Application of this Part
10How to ascertain meaning of legislation
11Legislation applies to circumstances as they arise
12Legislation does not have retrospective effect
13Definitions of terms for all legislation
14Meaning of de facto relationship
15Meaning of step-parent, etc
16References to specific gender or kind of person include others
17When sending by post is taken as done
18Parts of speech have corresponding meaning
19Words in singular include plural and vice versa
20Words used in secondary legislation have same meaning as in legislation made under
21Anything done under secondary legislation is also done under empowering legislation
22Legislation not binding on the Crown
23Examples do not limit provision but may extend its operation
24Date on which Acts commence
25Date on which secondary legislation commences
26Time at which legislation commences
27When legislation commences if calculated by number of months
28Power to make commencement order
29Amendments part of, and construed with, legislation amended
30References to repeal or amendment extend to other ceasing of effect
31Effect of repeal or amendment generally
32Effect of repeal or amendment on existing rights and proceedings
33Effect of repeal or amendment on prior offences and breaches of legislation
34Powers exercised under repealed or amended legislation have continuing effect
35Legislation made under repealed legislation has continuing effect
36How to apply references to new legislation that is not yet in force
37How to apply references to repealed legislation
38Time of repeal of legislation on particular day
39Authority to make secondary legislation
40Secondary legislation may make consequential amendments to other secondary legislation
41Amendments made to secondary legislation by Act do not prevent later amendments
42Authority to make instrument does not include power to determine its status as legislation
43When powers can be exercised before commencement
44Limit on when pre-commencement exercise of powers takes effect
45Power to appoint to an office includes related powers
46Power to do things may be exercised to correct errors
47Powers of office holder may be exercised by acting office holders
48Power to make includes power to amend or revoke
49Power to make different provision for classes of matters
50Power to identify matters using classes
51Exercise of powers and duties more than once
52Use of approved or prescribed forms
53Power to approve or prescribe information in place of forms
54When periods start and end
55Extension for doing thing if day or last day is not working day
56Calculating periods of months (except for commencement of legislation)
57Determining measurements of distance
58Meaning of revision Act and old law
59Revision Act is generally to have same effect as old law
60Using old law as interpretation guide for revision Act
61Exceptions: when revision Act changes effect of old law
62Interpretation
63Power for secondary legislation to incorporate material by reference
64Schedule 2 applies if material incorporated by reference
65Effect of amendments to material incorporated by reference
66What legislation is drafted by PCO
67Power to authorise IRD to draft Inland Revenue Bills
68PCO must publish all legislation
69PCO must publish consolidations of legislation that is amended
70How and when PCO must publish legislation and consolidations of legislation
71When electronic versions of legislation must be available on legislation website
72Secondary legislation does not commence until published
73Maker must lodge secondary legislation for publication (if not drafted by PCO)
74Lodgement must be done as required under regulations
75Exemption from lodgement and publication obligations for local authority legislation
76Exemption from lodgement and publication obligations to extent impractical to publish in full
77Other prescribed exemptions from lodgement and publication obligations
78Official versions of legislation
79Legal status of official versions
80Judicial notice of legislation
81Power to revoke spent secondary legislation and other instruments
82Attorney-General directions under this Part
83Purpose of this subpart
84Interpretation
85Power to make editorial changes
86Editorial changes
87Changes to numbering
88Changes to format
89When changes take effect
90Changes to be noted in legislation
91Purpose of this subpart
92Overview of this subpart
93Interpretation
94Three-yearly revision programme
95Revision powers
96Format of revision Bill
97Certification of revision Bill
98Amendments proposed by revision Bills
99PCO’s annual report may address matters relating to revision and editorial changes
100Purpose of this Part
101Interpretation in this Part
102Chief executives must prepare and publish disclosure statements for Government-initiated legislation
103What must be contained, or linked to, in disclosure statements
104Disclosure statement requirements do not apply to certain Bills and amendments
105Chief executives must act independently and include statement of responsibility
106Government notice must be issued to support consistent approach across agencies
107Government notice may be issued only with approval of House of Representatives
108Factors to be considered in determining classes of legislation requiring disclosure statements
109Ministerial direction may be given to support consistent approach across agencies
110Disclosure relates only to information available to public under OIA
111Validity of legislation not affected by failure to comply with this Part
112Purpose of this Part
113Secondary legislation must be presented to House of Representatives
114All secondary legislation subject to disallowance with limited exceptions
115House of Representatives may disallow secondary legislation by resolution
116Secondary legislation disallowed if House of Representatives does not dispose of motion to disallow
117Effect of disallowance on legislation
118House of Representatives may amend, revoke, or replace secondary legislation
119Resolution or motion is secondary legislation
120Definitions used in this subpart
121What secondary legislation must be confirmed under this subpart
122Secondary legislation must be confirmed by deadline (or otherwise will be revoked)
123How to confirm secondary legislation
124Usual effect of revocation if not confirmed by deadline
125Effect on some legislation of not being confirmed by deadline (whether or not earlier revoked)
126Parliamentary Counsel Office continues
127Objectives of PCO
128Functions of PCO
129Confidentiality
130Powers of Chief Parliamentary Counsel
131Delegation of functions, duties, and powers
132Revocation of delegations
133Chief Parliamentary Counsel
134Parliamentary counsel
135Chief Parliamentary Counsel and parliamentary counsel to hold legal qualification
136Other employees of PCO
137Remuneration and conditions of appointment of Chief Parliamentary Counsel
138Chief Parliamentary Counsel acts as employer
139Collective agreements
140Employment principles
141Appointments on merit
142Chief Parliamentary Counsel to establish procedure for notifying vacancies and appointments, and reviewing appointments
143Secondments from elsewhere in State Services for developing senior leadership and management capability
144Protection from liability
145Regulations
146Review of revision programme provisions after 30 June 2020
147Legislation Act 2012 amended
148Other Acts amended
149Publication statement taken not to have been required
150Repeal of Interpretation Act 1999
151Amendments to Imperial Laws Application Act 1988
152Section 4 amended (Other Imperial enactments and Imperial subordinate legislation not part of laws of New Zealand)
153New section 6A inserted (Application of Legislation Act 2017 to Imperial legislation)
6AApplication of Legislation Act 2017 to Imperial legislation
154Other consequential amendments relating to Part 2
155Repeal of Legislation Act 2012
156Some instruments revoked and others continue in effect
157Amendment to Local Government Act 2002
158New subpart 1A of Part 8 inserted
161BWhat is local authority legislation
161CInstruments that have significant legislative effect
161DOther supporting definitions
159Amendment to Parliamentary Privilege Act 2014
160New subpart 6 of Part 4 inserted (Evidence of parliamentary journals)
31ACopies of parliamentary journals to be evidence

The Parliament of New Zealand enacts as follows: