Secondary Legislation Bill

Secondary Legislation Bill

Government Bill

199—1

Explanatory note

General policy statement

Policy objective

This Bill improves and supports the law relating to the making of secondary legislation. It does so by applying and adjusting the framework of access to, and Parliamentary oversight of, secondary legislation provided for in the Legislation Act 2019 (the new Legislation Act).

The new Legislation Act establishes a single category of secondary legislation to replace the current, complicated definitions of legislative instruments and disallowable instruments in the Legislation Act 2012. Having a single category for secondary legislation will make it easier for individuals and organisations to find the law that applies to them and help Parliament to oversee secondary legislation.

Responding to known issues

The Bill responds to the recommendations of the Regulations Review Committee’s 2014 Inquiry into the oversight of disallowable instruments that are not legislative instruments. In that report, the Committee highlighted the difficulties it faces in identifying which instruments are disallowable. These difficulties are partly because the category of “disallowable instruments” includes any instrument that has a “significant legislative effect” (as defined in section 39 of the Legislation Act 2012).

Whether an instrument has a “significant legislative effect” can be contestable, which introduces uncertainty over which instruments are subject to Parliament’s disallowance procedure. To address this problem, the Committee recommended that the government introduce legislation to ensure that every empowering provision states which category the instrument falls into, and to remove the “significant legislative effect” test in the Legislation Act 2012. Together with the new Legislation Act, this Bill implements both those recommendations.

Achieving the policy objective by identifying and amending empowering provisions

The Bill achieves its policy objective by amending, in an Act, each provision that empowers the making of an instrument that the Government considers to have legislative effect, and by making consequential amendments to other provisions. The Bill amends over 2,500 existing empowering provisions in more than 550 Acts. Each relevant empowering provision is amended to state that an instrument made under it is secondary legislation.

Identifying and applying a test for legislative effect

The Bill reflects a judgement about which provisions empower the making of instruments with legislative effect. This has been achieved through extensive consultation with the agencies responsible for the legislation.

Broadly, an instrument has legislative effect if it makes the law or alters its content, rather than just applying the law to a particular case. While there is no definitive, catch-all test for legislative effect, case law, commentary, and legislation in New Zealand and internationally assist when considering the issue.

Instruments tend to be legislative if they—

  • regulate conduct where compliance is a prerequisite for something under the empowering provision, or non-compliance would incur a sanction; or

  • create, alter, or remove a right where there is a mechanism for enforcing the right; or

  • set procedural requirements for a legal right or obligation; or

  • set the amount of a fee or levy; or

  • change the scope of legislation whether by way of application, modification, or exemption.

Instruments that commence, amend, or repeal other legislation, or create criminal offences or set penalties, are almost always legislative. Conversely, instruments are not legislative if they merely record case-by-case decisions (for example, decisions by courts or administrative decision makers), give effect to transactions, or provide information or non-binding guidance or strategies.

The Bill applies a strong presumption that instruments that primary legislation currently makes expressly disallowable (by section 38(1)(a) or (b) of the Legislation Act 2012) should be classified as secondary legislation. This means that the House of Representatives will retain the ability to disallow these instruments.

It is not the Bill’s policy to change the scope or legal effect of empowering provisions or to affect the validity of instruments already made under them.

The Bill amends all relevant legislation enacted up to 1 June 2019. Amendments to legislation enacted after that date will be proposed at the committee of the whole House.

Exemptions

On the new Legislation Act’s main commencement date (ie, when the single category of secondary legislation is created), the Bill will continue current exemptions from publication, presentation, and disallowance. The Bill also creates a limited number of new exemptions from disallowance in appropriate situations. For example, new disallowance exemptions have been proposed for directions of the Speaker of the House and determinations by the Minister Responsible for Ministerial Services relating to entitlements of members of Parliament and Ministers to travel services under sections 23, 27, and 32 of the Members of Parliament (Remuneration and Services) Act 2013. These instruments are not expressly stated to be disallowable instruments, but may be disallowable by reason of having a significant legislative effect. New exemptions are proposed to ensure that the Speaker and the Minister are able to determine travel entitlements independently. These are clearly appropriate as the members who could disallow them have a direct interest. The instruments will still be published, but control of their content will sit with the Speaker and the Minister, as otherwise members who receive the remuneration and services would be reviewing instruments from which they benefit.

When Schedule 2 of the Legislation (Repeals and Amendments) Act 2019 comes into force, some instruments will be subject to new publication, presentation, and listing requirements. The Bill exempts certain instruments from these requirements where, for example, the instrument affects national security or commercial confidentiality, or is highly sensitive for a similar reason.

Royal prerogative instruments

Although the new Legislation Act removes the current legislative effect test for secondary legislation, it preserves that test for instruments made under the Royal prerogative. This Bill now aligns the approach for prerogative instruments more closely with the methodology applied to other secondary legislation.

Omnibus Bill

The Bill is an omnibus Bill introduced under Standing Order 263(a) and (b). The single broad policy the Bill implements is set out under the “Policy objective” heading above.

Departmental disclosure statement

The Parliamentary Counsel Office is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

Clause by clause analysis

Clause 1 states the Title of the Bill.

Clause 2 provides for the Bill’s commencement. As far as possible, the Bill is intended to be commenced on one date. The exact timing depends on how much preparation is needed given the large number of Acts affected. In addition, commencement of some amendments will be deferred until the commencement of related provisions in the new Legislation Act. In particular, the publication exemptions (set out in a replacement schedule for the new Legislation Act) are intended to commence at the same time as the new publication requirements that will apply when Schedule 2 of the Legislation (Repeals and Amendments) Act 2019 commences. The Bill has a back stop commencement date of the fifth anniversary of the date of Royal Assent.

Clause 3 makes all the amendments to empowering provisions required to implement the definition of secondary legislation in the new Legislation Act. The new Legislation Act defines secondary legislation as an instrument made under an Act that states that the instrument is secondary legislation. Clause 3 provides for amendments in Schedules 1 to 32 to use the phrase “[standard text]” as shorthand for the words “secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements)”. This shorthand approach to the amendments is designed to increase consistency and shorten the size of the Bill given the number of amendments required. The discussion below on Schedules 1 to 32 expands on the organisation and nature of the amendments.

Clauses 4 and 5 contain amendments to the new Legislation Act needed to implement changes to the secondary legislation framework and set out exemptions from publication requirements, requirements for presentation to the House of Representatives, and disallowance that apply at different points under the new Legislation Act. The effect of these amendments (and their timing) is set out further below in the discussion on Schedules 33 to 36.

Clause 6 contains minor amendments to the new publication requirements that will apply, in the future, under the new Legislation Act (but, until brought into force, are set out in Schedule 2 of the Legislation (Repeals and Amendments) Act 2019) so as to align those requirements better with the amendments made by the rest of the Bill).

Amendments in Schedules 1 to 32

Organisation of amendments

The amendments set out in Schedules 1 to 32 are arranged by administering agency, with each schedule containing amendments to the Acts administered by a particular agency. Within each schedule, the amendments are arranged in alphabetical order by title of the Act being amended. If an Act is administered by more than 1 agency, it is usually included only in 1 schedule but, in some cases, may be included in multiple schedules. This approach has been taken to facilitate consideration of the Bill by Select Committee and the House.

An alphabetical list of the Acts amended in Schedules 1 to 32 and the Schedule(s) in which they are amended can be found on PCO’s website.

Nature of amendments

Most amendments relate to instruments that will become secondary legislation. Amendments in this category—

  • add statements that the instruments are secondary legislation:

  • remove statements about whether the instruments are legislative instruments or disallowable instruments. These statements are redundant, as those terms will be obsolete once the Legislation Act 2012 has been repealed by the new Legislation Act:

  • make consequential amendments, including to align existing provisions for making, commencing, and publishing of instruments with the rules that will apply under the new Legislation Act. For example, amendments may remove existing requirements to notify or publish instruments in the Gazette because those requirements will be redundant once the instruments are published under the new Legislation Act.

Other amendments—

  • update references to the Legislation Act 2012 or Interpretation Act 1999, which will be repealed by the new Legislation Act, so that they refer to the equivalent provisions of the new Legislation Act:

  • repeal provisions that will be redundant once the new Legislation Act comes into force. For example, the new Legislation Act will require secondary legislation that must be confirmed by an Act to state this fact in its explanatory note. Therefore, individual empowering Acts will no longer need to contain the requirement:

  • make minor and technical consequential amendments.

Amendment codes

The amendments in Schedules 1 to 32 are coded to make it easier to identify the categories into which instruments fall under the Bill.

There are a number of codes for amendments that show—

  • the current status of the instruments—whether they are legislative instruments (LI), expressly stated to be disallowable despite not being legislative instruments (XD), or neither (); and

  • the future status of the instruments—whether they will be secondary legislation (SL) or not ().

Codes are not just for amendments to empowering provisions. The code for an amendment to an empowering provision is also used for related consequential amendments. This could include amendments to related provisions about publication or commencement.

It is important to note that the XD code covers only a subset of disallowable instruments. An instrument may also be disallowable because it is currently classified as a legislative instrument or because it has significant legislative effect (see section 38 of the Legislation Act 2012).

A neutral code (N) is used for amendments that do not change or relate to the categorisation of particular instruments. Neutral amendments include those that merely update references to the Legislation Act 2012 and the Interpretation Act 1999 or repeal provisions that will be redundant once the new Legislation Act comes into force.

Initially there will be no substantive change to publication requirements (because the existing publication requirements are preserved by the new Legislation Act). However, outlined below is a high-level guide to the relationship between the codes and changes to publication or disallowance that will apply once the new Legislation Act (with the centralised publication requirements) is fully in force.

Code

Status of instruments

Ultimate effect on publication

Effect on disallowance

LI/SL

Legislative instruments that will be secondary legislation

No change (continued publication under the new Legislation Act)

No change (instruments will continue to be disallowable)

LI/–

Legislative instruments that will not be secondary legislation

Change (no future publication under the new Legislation Act, but provision is made for alternative publication or notification)

Change (instruments will no longer be disallowable)

XD/SL

Disallowable instruments (because of an express statutory statement to that effect) that will be secondary legislation

Change (future publication under the new Legislation Act, and existing publication requirements are removed if redundant)

No change (instruments will continue to be disallowable)

XD/–

Disallowable instruments (because of an express statutory statement to that effect) that will not be secondary legislation

No change (still no publication under the new Legislation Act, and existing publication requirements remain in place)

Change (instruments will no longer be disallowable)

–/SL

Other instruments (that is, instruments that are not LI or XD) that will be secondary legislation

Change (future publication under the new Legislation Act, and existing publication requirements are removed if redundant)

Minimal change (instruments will be disallowable, but are likely to already be so on the grounds of having significant legislative effect under section 38(1)(c) of the Legislation Act 2012)

N

The amendment does not relate to particular instruments or affect the categorisation of instruments

No change

No change

Types of enactment amended

This Bill amends public Acts, private Acts, local Acts, and provincial Acts.

The Bill does not amend any Imperial Acts. For the status of instruments made under Imperial legislation, see new section 6A of the Imperial Laws Application Act 1988, as inserted by section 9 of the Legislation (Repeals and Amendments) Act 2019.

The Bill does not amend any legislative instruments. Some legislative instruments will need to be amended to state that instruments made under them are secondary legislation. However, those amendments will be made later using the transitional regulation-making power in new section 147A to be inserted into the new Legislation Act.

Amendments in Schedules 33 to 36

Amendments to secondary legislation framework

Schedules 33 and 34 amend the new Legislation Act to change the definition of secondary legislation for Royal prerogative instruments to align it more closely with the methodology applied to other secondary legislation. Rather than relying on the legislative effect test, Royal prerogative instruments will be secondary legislation if they are in a form and for a purpose set out in new Schedule 1A (to be inserted into the new Legislation Act, see Schedule 34). As with the amendments to empowering provisions, this does not alter the scope of Royal prerogative powers.

Exemptions from publication, presentation, list, and disallowance requirements

Schedules 35 and 36 create the exemptions from publication, presentation, list, and disallowance exemptions that will apply under new Schedule 3 of the new Legislation Act. There are 2 versions of new Schedule 3 as follows:

  • one (in Schedule 35) is a replacement schedule that will apply initially when the new Legislation Act commences (when existing publication requirements are preserved). This version contains the presentation and disallowance exemptions that will be applicable at that time:

  • the other (in Schedule 36) is a replacement schedule that will apply when the centralised publication requirements are commenced in the new Legislation Act. This version adds the publication and list exemptions that will then be relevant.

Hon David Parker

Secondary Legislation Bill

Government Bill

199—1

Contents

Explanatory note
1Title
2Commencement
3Amendments to Acts as set out by administering agency in Schedules 1 to 32
4Amendments to Legislation Act 2019
5Deferred amendments to Legislation Act 2019 (for publication commencement date)
6Amendments to Legislation (Repeals and Amendments) Act 2019

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Secondary Legislation Act 2019.

2 Commencement

(1)

This Act comes into force—

(a)

on 1 or more dates set by Order in Council; or

(b)

to the extent not brought into force earlier, on the fifth anniversary of the date of Royal assent.

(2)

One or more Orders in Council may set different dates for different provisions (and, for that purpose, may commence a provision only for the purpose of giving effect to some, but not other, parts of this Act).

3 Amendments to Acts as set out by administering agency in Schedules 1 to 32

(1)

Amend the Acts set out in the tables in Schedules 1 to 32 of this Act, in each case,—

(a)

at the location specified in the first column of the table; and

(b)

in the manner specified in the second column of the table.

(2)

Subsection (3) applies where an amendment in the second column of a table in Schedules 1 to 32 has the effect of inserting text that includes the placeholder “[standard text]”.

(3)

For each placeholder, substitute “secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements)”.

Example

A row of a table in Schedule 2 relating to the Corrections Act 2004 reads as follows:

Location

Amendment

After section 2(2)

Insert:

(3)

An order under this section is [standard text].

This inserts the following subsection after section 2(2) of the Corrections Act 2004:

(3)

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

(4)

The codes stated in relation to an amendment are a guide only to the current and future status of the instruments to which amendments relate.

4 Amendments to Legislation Act 2019

(1)

This section amends the Legislation Act 2019.

(2)

Amend as set out in Schedule 33.

(3)

After Schedule 1, insert the Schedule 1A set out in Schedule 34 of this Act.

(4)

Replace Schedule 3 with the Schedule 3 set out in Schedule 35 of this Act (which contains the replacement schedule for the main commencement date).

5 Deferred amendments to Legislation Act 2019 (for publication commencement date)

(1)

This section amends the Legislation Act 2019.

(2)

Replace Schedule 3 with the Schedule 3 set out in Schedule 36 of this Act (which contains the replacement schedule for the publication commencement date).

6 Amendments to Legislation (Repeals and Amendments) Act 2019

(1)

This section amends the Legislation (Repeals and Amendments) Act 2019.

(2)

In Schedule 2, item relating to new section 69(2), replace “the empowering legislation,” with Schedule 3,”.

(3)

In Schedule 2, item relating to new sections 69 to 77, replace new section 73(4)(a) with:

(a)

the empowering legislation or any other Act expressly authorises the legislation or part to commence—

(i)

despite it not being published; or

(ii)

on or after a particular date or event; or

Schedule 1 Department of Conservation

s 3

Conservation Act 1987 (1987 No 65)
LocationAmendmentCode

Section 2(1), definition of Anglers Notice

Replace “in the Gazette by a Fish and Game Council under section 26R” with “in accordance with section 26R”

–/SL

Section 2(1), definition of livestock

After “Order in Council”, insert “(see subsection (4))”

LI/SL

Section 2(1), definition of sports fish

After “or other waters”, insert “(see subsections (3) and (4))”

LI/SL

After section 2(3)

Insert:

(4)

The following are [standard text]:

(a)

an order under the definition of livestock in subsection (1); and

(b)

an order under subsection (3).

LI/SL

Section 13(1)

After “The Minister may”, insert “, by notice,”

–/SL

After section 13(2)

Insert:

(3)

A notice under this section is [standard text].

–/SL

After section 18AA(6)

Insert:

(7)

An order under this section is [standard text].

LI/SL

After section 18AB(2)

Insert:

(3)

An order under this section is [standard text].

LI/SL

After section 19(4)

Insert:

(5)

Regulations under this section are [standard text].

LI/SL

Section 26C(1)(ba)

Replace with:

(ba)

to co-ordinate the preparation and recommendation, for the Minister’s approval, of Anglers Notices and notices for game seasons; to advise the Minister in relation to such matters; and to publish under the Legislation Act 2019 Anglers Notices and notices for game seasons:

–/SL

Section 26R(3)(d)

Replace “in the Gazette with “under the Legislation Act 2019”

–/SL

After section 26R(6)

Insert:

(7)

An Anglers Notice is [standard text].

–/SL

Section 26ZL(1)

After “by a notice published”, insert “under the Legislation Act 2019 and”

–/SL

After section 26ZL(3)

Insert:

(4)

A notice under this section is [standard text].

–/SL

Section 26ZS(1) and (2)

Delete “in the Gazette

–/SL

After section 26ZS(2)

Insert:

(3)

A notice under this section is [standard text].

–/SL

After section 48(4)

Insert:

(5)

Regulations under this section are [standard text].

LI/SL

After section 48AA(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

Section 48A(1)(g)

After “Director-General”, insert “(by notice)”

LI/SL

Section 48A(1)(q)

Replace “to prescribe such conditions” with “to, by notice, prescribe such conditions” in each place

LI/SL

Section 48A(2A)

Delete “in the Gazette

LI/SL

Section 48A(2B)

Repeal

LI/SL

After section 48A(4)

Insert:

(5)

The following are [standard text]:

(a)

regulations under subsection (1):

(b)

a notice under subsection (2A).

(6)

If regulations under subsection (1)(g) provide for the Director-General to impose conditions on licences,—

(a)

the notice imposing the conditions is [standard text], unless the notice applies only to 1 or more named persons; and

(b)

the regulations must contain a statement to that effect.

(7)

If regulations under subsection (1)(q) authorise the Director-General or Fish and Game Councils to prescribe conditions or rentals,—

(a)

the notice prescribing the conditions or rentals is [standard text]; and

(b)

the regulations must contain a statement to that effect.

LI/SL

After section 48B(3)

Insert:

(4)

Regulations under this section are [standard text].

LI/SL

After section 48C(4)

Insert:

(5)

Regulations under this section are [standard text].

LI/SL

Before section 50A(1)

Insert:

(1AAA)

This section applies to a notice if it is—

(a)

made under section 26R(3) or 48A(2A); or

(b)

made under this Act and published in the Gazette.

–/SL

LI/SL

Section 50A(1)

Delete “published in the Gazette under this Act”

–/SL

LI/SL

After section 50A(2)

Insert:

(3)

A notice under this section is [standard text] if the notice amends or replaces secondary legislation.

–/SL

LI/SL

After section 65(14)

Insert:

(15)

An order under subsection (2) is [standard text].

LI/SL

Eden Park Trust Act 1955 (1955 No 3)
LocationAmendmentCode

After section 8(3)

Insert:

(4)

An order under this section is [standard text].

LI/SL

Section 18(2)

Replace with:

(2)

The Trust Board may not make by-laws under this section unless the Governor-General has approved the proposed by-laws.

–/SL

Section 18(3)

Replace “in the Gazette with “under the Legislation Act 2019”

–/SL

After section 18(3)

Insert:

(4)

By-laws under this section are [standard text].

–/SL

Freedom Camping Act 2011 (2011 No 61)
LocationAmendmentCode

Section 17(1)

After “in accordance with”, insert subsection (5) and”

–/SL

After section 17(4)

Insert:

(5)

A notice under this section—

(a)

is [standard text]; but

(b)

despite section 26 of that Act, commences in accordance with section 18(2)(b).

–/SL

Section 18(1)(a)

Repeal

–/SL

Section 18(2)(b)

Replace “the notice is published in the Gazette or the newspaper under subsection (1)(a) and (b)” with “the notice is published under the Legislation Act 2019 or the summary is published under subsection (1)(b)”

–/SL

Section 18(3)(a) to (c)

Repeal

–/SL

Section 43

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Section 44

Insert:

(2)

An order under this section is [standard text].

LI/SL

Game Animal Council Act 2013 (2013 No 98)
LocationAmendmentCode

Section 16(1)

Delete “in the Gazette

–/SL

After section 16(3)

Insert:

(4)

A notice under this section is [standard text].

–/SL

Section 18(1)(d)

Before “specify”, insert “, by notice,”

–/SL

Section 18(3)

Replace with:

(3)

A notice under subsection (1)(d)—

(a)

is [standard text]; but

(b)

despite section 26 of that Act, takes effect 28 days after the publication of the notice or on a later date (if any) specified in the notice.

–/SL

After section 34(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

After section 36(4)

Insert:

(5)

Regulations under this section are [standard text].

LI/SL

Harbour Boards Dry Land Endowment Revesting Act 1991 (1991 No 104)
LocationAmendmentCode

After section 4(8)

Insert:

(9)

An order under this section is [standard text].

LI/SL

Hauraki Gulf Marine Park Act 2000 (2000 No 1)
LocationAmendmentCode

After section 38(2)

Insert:

(3)

An order under this section is [standard text].

LI/SL

After section 41A(2)

Insert:

(3)

An order under this section is [standard text].

LI/SL

Kaikōura (Te Tai o Marokura) Marine Management Act 2014 (2014 No 59)
LocationAmendmentCode

Section 14(1)

Replace “by a notice in the Gazette with “by notice”

XD/SL

Section 14(2)

Replace with:

(2)

A notice under this section is [standard text].

XD/SL

Section 15(1)

Replace “by a notice in the Gazette with “by notice”

XD/SL

Section 15(5)

Delete Gazette

XD/SL

Section 15(8)

Replace with:

(8)

A notice under this section is [standard text].

XD/SL

Section 18(1)(a)

Delete Gazette

XD/SL

Section 19(1)

Delete “in the Gazette

XD/SL

Section 19(3)(a), (4)(a) and (b)

Delete Gazette

XD/SL

Section 20

Delete “in the Gazette

XD/SL

Marine Mammals Protection Act 1978 (1978 No 80)
LocationAmendmentCode

Section 2(3)

Delete “, by notice in the Gazette,”

–/SL

After section 2(3)

Insert:

(4)

A declaration under subsection (3) is [standard text].

–/SL

Section 4(1A)

Delete “in the Gazette

–/SL

After section 4(5)

Insert:

(6)

A notice under subsection (1A) is [standard text].

–/SL

Section 17(2)

Delete “in the Gazette

–/SL

After section 17(4)

Insert:

(5)

The following are [standard text]:

(a)

a notice under this section, unless it applies only to 1 or more named persons; and

(b)

an amendment or a revocation of a notice under this section that is secondary legislation.

–/SL

Section 22(1)

Replace with:

(1)

Subject to this section, the Minister may, by notice (see subsection (6)),—

(a)

define any place and declare it to be a marine mammal sanctuary; and

(b)

vary, redefine, or abolish a marine mammal sanctuary.

(1A)

Before making a notice under subsection (1)(b), the Minister must—

(a)

publish a notice in the Gazette indicating the Minister’s intention to vary, redefine, or abolish the sanctuary; and

(b)

consider any written submissions received within 28 days after the notice under paragraph (a) is published.

–/SL

After section 22(5)

Insert:

(6)

A notice under subsection (1) is [standard text].

–/SL

After section 28(4)

Insert:

(5)

Regulations under this section are [standard text].

(6)

If the regulations empower the issuing of instruments under subsection (4),—

(a)

the instruments are [standard text]; and

(b)

the regulations must contain a statement to that effect.

LI/SL

Marine Reserves Act 1971 (1971 No 15)
LocationAmendmentCode

After section 4(6)

Insert:

(7)

An order under this section is [standard text].

LI/SL

After section 24(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

National Parks Act 1980 (1980 No 66)
LocationAmendmentCode

Section 56(1)

Delete “, by notice in the Gazette,”

–/SL

Section 56(3)

Delete “in the Gazette

–/SL

After section 56(3)

Insert:

(4)

Bylaws under this section are [standard text].

–/SL

Section 71O

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Section 77

Replace “any regulation, proclamation, warrant, bylaw, or notification” with “any secondary legislation”

N

Native Plants Protection Act 1934 (1934 No 15)
LocationAmendmentCode

After section 3(3)

Insert:

(4)

The following are [standard text]:

(a)

a Warrant under this section; and

(b)

an amendment to or revocation of a Warrant under this section.

–/SL

Section 9

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Queen Elizabeth the Second National Trust Act 1977 (1977 No 102)
LocationAmendmentCode

Section 17(5)

Replace with:

(5)

The board may not make bylaws under this section unless the Minister has approved the proposed bylaws.

–/SL

Section 17(6)

Replace with:

(6)

Bylaws under this section are [standard text].

–/SL

Reserves Act 1977 (1977 No 66)
LocationAmendmentCode

After section 6(2B)

Insert:

(2C)

An order under subsection (2B) is [standard text].

Errors of description

(2D)

Subsection (3) applies to notices that are—

(a)

issued in the Gazette under this Act or any Act repealed by this Act; or

(b)

made under this Act and published under the Legislation Act 2019.

LI/SL

–/SL

Section 6(3)

Replace “Where in any notice issued in the Gazette under this Act or under any Act repealed by this Act there has been made any error of description” with “If there is an error of description in a notice”

–/SL

After section 6(3)

Insert:

(3A)

A notice under subsection (3) that revokes, replaces, or amends secondary legislation is [standard text].

–/SL

After section 13(5)

Insert:

(6)

An order under this section is [standard text].

LI/SL

After section 16A(5)

Insert:

(6)

An order under this section is [standard text].

LI/SL

After section 24(11)

Insert:

(12)

An order under subsection (9) is [standard text].

LI/SL

Section 46(1) and (2)

Delete “in the Gazette

–/SL

After section 46(3)

Insert:

(4)

A notice under this section is [standard text].

–/SL

After section 47(7)

Insert:

(8)

An order under this section is [standard text].

LI/SL

After section 57(10)

Insert:

(11)

A notice under subsection (2) that is made by the Minister is [standard text].

(12)

A notice under subsection (2) that is made by an administering body is secondary legislation for the purposes of the Legislation Act 2019, but section 161A of the Local Government Act 2002 applies as if the notice were made by a local authority.

–/SL

After section 65(2)

Insert:

(2A)

Bylaws made under this section are secondary legislation for the purposes of the Legislation Act 2019, but section 161A of the Local Government Act 2002 applies as if they were made by a local authority.

–/SL

Section 106(3)

Delete “in the Gazette

–/SL

After section 106(3)

Insert:

(4)

Bylaws under subsection (3) are [standard text].

(5)

See section 108(3) for the status under the Legislation Act 2019 of bylaws made under subsection (2).

–/SL

After section 108(2)

Insert:

(3)

Bylaws approved under this section are secondary legislation for the purposes of the Legislation Act 2019, but section 161A of the Local Government Act 2002 applies as if they were made by a local authority.

–/SL

After section 109(3)

Insert:

(4)

An order under this section is [standard text].

LI/SL

Section 116(8)

After “published in the Gazette, insert “or under the Legislation Act 2019”

–/SL

After section 119(3)

Insert:

(4)

However, if the notice is published under the Legislation Act 2019, section 26 of that Act applies instead of subsection (3).

–/SL

After section 123(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

Section 123A

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Subantarctic Islands Marine Reserves Act 2014 (2014 No 2)
LocationAmendmentCode

After section 8(13)

Insert:

(14)

An order under subsection (10) is [standard text].

LI/SL

Sugar Loaf Islands Marine Protected Area Act 1991 (1991 No 8)
LocationAmendmentCode

Section 9(4)

Delete “, by notice in the Gazette,”

–/SL

After section 9(4)

Insert:

(5)

A declaration under this section is [standard text].

–/SL

Te Urewera Act 2014 (2014 No 51)
LocationAmendmentCode

Section 70(3)(b)

Delete “and, once approved, notified in the Gazette by the Minister”

XD/SL

Section 70(3)(c)

Repeal

XD/SL

Section 70(4)

Replace with:

(4)

Bylaws under this section are [standard text].

(4A)

That Act applies as if—

(a)

the Minister were the maker of the bylaws; and

(b)

the bylaws were made by the Minister approving them.

XD/SL

After section 105(4)

Insert:

(5)

An order under this section is [standard text].

LI/SL

After section 107(3)

Insert:

(4)

An order under this section is [standard text].

LI/SL

Trade in Endangered Species Act 1989 (1989 No 18)
LocationAmendmentCode

After section 21(3)

Insert:

(4)

An order under subsection (2) is [standard text].

LI/SL

Section 53

Insert:

(2)

An order under this section is [standard text].

LI/SL

Section 54

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Waitakere Ranges Heritage Area Act 2008 (2008 No 1 (L))
LocationAmendmentCode

After section 6(4)

Insert:

(5)

An order under this section is [standard text].

LI/SL

Waitangi Endowment Act 1932–33 (1932 No 44)
LocationAmendmentCode

Section 8

Insert:

(2)

An order under this section is [standard text].

LI/SL

Waitangi National Trust Board Act 1932 (1932 No 28)
LocationAmendmentCode

Section 7(3)

Replace with:

(3)

The Board may not make bylaws under this section unless the Governor-General has approved the proposed bylaws.

–/SL

After section 7(4)

Insert:

(4A)

Bylaws under this section are [standard text].

–/SL

Wanganui Harbour and River Conservators Board Act 1876 (1876 No 86)
LocationAmendmentCode

Section 53, after the fourth paragraph

Insert:

Bylaws under this section are [standard text].

–/SL

Wanganui River Trust Act 1891 (1891 No 19 (L))
LocationAmendmentCode

Section 12

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Wild Animal Control Act 1977 (1977 No 111)
LocationAmendmentCode

Section 2(1), definition of wild animal, paragraph (a)(v)

After “this Act”, insert “(see subsection (3))”

LI/SL

After section 2(2)

Insert:

(3)

An order under paragraph (a)(v) of the definition of wild animal in subsection (1) is [standard text].

LI/SL

Section 8(3)

Replace “public notification” with “notice”

–/SL

Section 8(3)

Replace “in the notification” with “in the notice”

–/SL

Section 8(4)

Replace “public notice” with “notice” in each place

–/SL

Section 8(4)(a)

Replace “public notification” with “notice”

–/SL

Section 8(6)

Replace “notification” with “notice” in each place

–/SL

After section 8(6)

Insert:

(7)

A notice under subsection (3) or (4) is [standard text].

–/SL

After section 40(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

Wildlife Act 1953 (1953 No 31)
LocationAmendmentCode

Section 2(1), definition of notification

Replace with:

notification means a notice under this Act that is secondary legislation

–/SL

Section 2(1A)

Delete “in the Gazette

–/SL

After section 2(1A)

Insert:

(2)

A declaration under subsection (1A) is [standard text].

–/SL

Section 6(1) and (3)

Replace “notification” with “notice”

–/SL

After section 6(3)

Insert:

(4)

A notice under this section is [standard text].

–/SL

Section 7(1)

Replace “by notification” with “by notice”

–/SL

After section 7(3)

Insert:

(4)

A notice under this section is [standard text].

–/SL

After section 7A(2)

Insert:

(3)

An order under this section is [standard text].

LI/SL

After section 7B(3)

Insert:

(4)

An order under this section is [standard text].

LI/SL

After section 7BA(3)

Insert:

(4)

An order under this section is [standard text].

LI/SL

After section 8(3)

Insert:

(4)

An order under this section is [standard text].

LI/SL

After section 9(5)

Insert:

(6)

An order under this section is [standard text].

(7)

If an order authorises under subsection (3) the granting of exemptions,—

(a)

the instrument granting an exemption is [standard text], unless it applies only to 1 or more named persons, animals, vehicles, or aircraft; and

(b)

the order must contain a statement to that effect.

LI/SL

After section 14(5)

Insert:

(6)

The following are [standard text]:

(a)

a Proclamation or notice under subsection (1) that includes a prohibition or restriction described in subsection (1A):

(b)

a Proclamation or notice under subsection (1A).

(7)

If a Proclamation or notice authorises under subsection (1B) the granting of exemptions,—

(a)

the instrument granting an exemption is [standard text], unless it applies only to 1 or more named boats or persons; and

(b)

the Proclamation or notice must contain a statement to that effect.

–/SL

After section 14A(4)

Insert:

(5)

A Proclamation under this section is [standard text].

(6)

If a Proclamation authorises under subsection (3) the granting of exemptions,—

(a)

the instrument granting an exemption is [standard text], unless it applies only to 1 or more named persons; and

(b)

the Proclamation must contain a statement to that effect.

–/SL

Section 15(1)

Replace “notification” with “notice”

–/SL

Section 15(4)

Replace “shall publish that notice in the Gazette with “must make the notice”

–/SL

After section 15(6)

Insert:

(7)

The following are [standard text]:

(a)

a notice under subsection (4); and

(b)

an amendment or revocation under subsection (5).

–/SL

Section 17(4)

Delete “in the Gazette in each place

–/SL

After section 17(4)

Insert:

(4A)

A notice under subsection (4) is [standard text].

–/SL

Section 18(1)

Replace “notification” with “notice”

–/SL

After section 18(2)

Insert:

(3)

A notice under subsection (1) is [standard text].

–/SL

After section 37(3)

Insert:

(4)

The following are [standard text]:

(a)

a Proclamation under subsection (1):

(b)

a revocation or variation of a Proclamation under subsection (1).

–/SL

Section 72(3A)

Delete “in the Gazette

LI/SL

Section 72(3B)

Replace with:

(4)

The following are [standard text]:

(a)

regulations under this section:

(b)

a notice under subsection (3A).

(5)

If regulations under subsection (2)(u) authorise the granting of consents or imposing of conditions,—

(a)

the instrument granting a consent or imposing conditions is [standard text], unless it applies only to 1 or more named persons; and

(b)

the regulations must contain a statement to that effect.

LI/SL

–/SL

Schedule 2 Department of Corrections

s 3

Corrections Act 2004 (2004 No 50)
LocationAmendmentCode

After section 2(2)

Insert:

(3)

An order under this section is [standard text].

LI/SL

After section 31(3)

Insert:

(4)

Rules under subsection (1) are [standard text].

–/SL

After section 33(6)

Insert:

(7)

Rules under this section are [standard text].

–/SL

Section 45A(1)(c) to (e)

Repeal

XD/SL

Section 45A(2)(c)

Repeal

XD/SL

Section 45A(3)

Replace with:

(3)

Rules under this section are [standard text].

XD/SL

After section 114(2)

Insert:

(3)

An order under subsection (2)(e)(i) is [standard text].

LI/SL

After section 200(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

Parole Act 2002 (2002 No 10)
LocationAmendmentCode

After section 2(2)

Insert:

(3)

An order under this section is [standard text].

LI/SL

Section 74

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Section 74A

Delete “, by notice in the Gazette,”

XD/SL

Section 74A

Insert:

(2)

Rules under this section are [standard text].

XD/SL

Section 74C

Repeal

XD/SL

Section 107U

Insert:

(2)

See section 148 of the Senior Courts Act 2016 and section 228 of the District Court Act 2016, which provide that court rules are secondary legislation.

LI/SL

Public Safety (Public Protection Orders) Act 2014 (2014 No 68)
LocationAmendmentCode

After section 53(2)

Insert:

(3)

An order under subsection (2)(e)(i) is [standard text].

LI/SL

Section 103C

Delete “, by notice in the Gazette,”

XD/SL

Section 103C

Insert:

(2)

Rules under this section are [standard text].

XD/SL

Section 103E

Repeal

XD/SL

Section 119(6)

Replace with:

(6)

Rules under this section are [standard text].

–/SL

Section 120(3) and (4)

Replace with:

(3)

Guidelines and instructions under this section are [standard text].

XD/SL

After section 137(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

Sentencing Act 2002 (2002 No 9)
LocationAmendmentCode

Section 2

Insert:

(2)

An order under this section is [standard text].

LI/SL

Section 80ZT(1)

Delete “, by notice in the Gazette,”

XD/SL

After section 80ZT(2)

Insert:

(3)

Rules under this section are [standard text].

XD/SL

Section 80ZV

Repeal

XD/SL

Section 105I

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Section 147

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Schedule 3 Department of Internal Affairs

s 3

Ashley River Improvement Act 1925 (1925 No 41)
LocationAmendmentCode

Section 1

Insert:

(2)

An order under this section is [standard text].

LI/SL

Auckland Regional Amenities Funding Act 2008 (2008 No 3 (P))
LocationAmendmentCode

Section 18

Insert:

(2)

A notice under this section is [standard text].

XD/SL

After section 19(7)

Insert:

(8)

A notice or order under this section [standard text].

LI/SL

XD/SL

Section 20(1) and (3)(a)

Replace “in the Gazette with “under the Legislation Act 2019”

XD/SL

Sections 20(2)

Replace with:

(2)

The Auckland Council must send a copy of the notice to the Amenities Board.

LI/SL

XD/SL

Section 20(5)

Repeal

N

Births, Deaths, Marriages, and Relationships Registration Act 1995 (1995 No 16)
LocationAmendmentCode

After section 88(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

Boxing and Wrestling Act 1981 (1981 No 28)
LocationAmendmentCode

Section 11

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Charities Act 2005 (2005 No 39)
LocationAmendmentCode

After section 2(3)

Insert:

(4)

An order under this section is [standard text].

LI/SL

Section 43(5)

Repeal

N

After section 73(5)

Insert:

(6)

Regulations under this section are [standard text].

(7)

If the regulations authorise the chief executive to refund or waive a fee in relation to any class of persons under subsection (4),—

(a)

the instrument refunding or waiving the fee is [standard text]; and

(b)

the regulations must contain a statement to that effect.

LI/SL

Charities Amendment Act (No 2) 2012 (2012 No 43)
LocationAmendmentCode

Section 15

Insert:

(2)

An order under this section is [standard text].

LI/SL

Citizenship Act 1977 (1977 No 61)
LocationAmendmentCode

After section 28(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

Community Trusts Act 1999 (1999 No 54)
LocationAmendmentCode

After section 16A(6)

Insert:

(7)

An order under this section is [standard text].

LI/SL

After section 17(8)

Insert:

(9)

An order under this section is [standard text].

LI/SL

After section 18(8)

Insert:

(9)

An order under this section is [standard text].

LI/SL

After section 22(5)

Insert:

(6)

Regulations under this section are [standard text].

LI/SL

Dog Control Act 1996 (1996 No 13)
LocationAmendmentCode

Section 5(2)

Replace “any regulations or bylaws” with “any secondary legislation”

N

Section 35B(4)

Replace “regulations” with “an order”

LI/SL

Section 35B(6)

Replace with:

(6)

An order under this section is [standard text].

LI/SL

Section 52(2)(b)

Replace “any regulation or bylaw” with “any secondary legislation”

N

Section 53(2)

Replace “any regulation or bylaw” with “any secondary legislation”

N

Section 75(3)

Delete “or bylaw”

N

After section 78(4)

Insert:

(5)

Regulations under this section are [standard text].

LI/SL

Section 78A(3)

Replace with:

(3)

An order under subsection (1) is [standard text].

LI/SL

Section 78B(3)(a)

Replace “notice that the Order in Council has been made is given in the Gazette with “the order is published under the Legislation Act 2019”

LI/SL

Section 78B(3)(b)

Replace “the Gazette notice is given” with “the order is published under the Legislation Act 2019”

LI/SL

After section 78B(4)

Insert:

(5)

An order under subsection (1) is [standard text].

LI/SL

After section 78D(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

Electronic Identity Verification Act 2012 (2012 No 123)
LocationAmendmentCode

After section 2(3)

Insert:

(4)

An order under subsection (1) is [standard text].

LI/SL

Section 7, definition of organisation, paragraph (a)

Replace “section 29 of the Interpretation Act 1999” with “section 13 of the Legislation Act 2019”

N

Section 43(2)(c)

Repeal

–/SL

After section 47(2)

Insert:

(3)

A standard or specification under this section is [standard text].

–/SL

After section 67(4)

Insert:

(5)

Regulations under this section are [standard text].

LI/SL

After section 69(3)

Insert:

(4)

Regulations under this section are [standard text].

LI/SL

After section 70(4)

Insert:

(5)

Regulations under this section are [standard text].

LI/SL

After section 71(5)

Insert:

(6)

Regulations under this section are [standard text].

LI/SL

Section 72

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Films, Videos, and Publications Classification Act 1993 (1993 No 94)
LocationAmendmentCode

After section 1(3)

Insert:

(4)

An order under this section is [standard text].

LI/SL

After section 44(6)

Insert:

(7)

An exemption under this section is [standard text], unless it applies only to 1 or more named persons.

–/SL

Section 147(4)

Delete “, by notice in the Gazette,”

Replace “in the notice” with “in the exemption”

Replace “any such notice” with “any such exemption”

–/SL

After section 147(5)

Insert:

(6)

An exemption under subsection (4) is [standard text].

–/SL

Section 149

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Fire and Emergency New Zealand Act 2017 (2017 No 17)
LocationAmendmentCode

After section 2(7)

Insert:

(8)

An order under subsection (2) or (5) is [standard text].

LI/SL

Section 6, definition of relevant fire safety legislation, paragraph (a)

Replace with:

(a)

this Act, and secondary legislation made under this Act, and any former enactments replaced by this Act or that secondary legislation:

N

Section 6, definition of relevant fire safety legislation, paragraph (b)

Replace “regulations” with “secondary legislation” in each place

N

After section 141(5)

Insert:

(6)

Regulations under this section are [standard text].

LI/SL

Heading to section 182

Replace with:

182 Approval and rules of dispute resolution scheme

XD/SL

Section 182(3), (4), (5), and (6)

Replace with:

(3)

FENZ may make the rules of the scheme only after the Minister has approved the scheme.

(4)

The dispute resolution scheme comes into effect on the day after the rules are published (see subsection (6)).

(5)

FENZ may not amend the rules, or revoke and replace them, unless the Minister has approved the amendment or revocation and replacement, in which case subsection (2) applies with all necessary modifications.

(6)

Rules under this section are [standard text].

XD/SL

After section 187(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

Section 188

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Section 189

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

After section 190(8)

Insert:

(9)

Regulations under this section are [standard text].

LI/SL

After section 191(4)

Insert:

(5)

Regulations under this section are [standard text].

LI/SL

After section 192(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

Schedule 1, after clause 21(2)

Insert:

(3)

Regulations under this clause are [standard text].

LI/SL

Schedule 1, after clause 22(2)

Insert:

(3)

Regulations under this clause are [standard text].

LI/SL

Schedule 1, after clause 27(4)

Insert:

(5)

Regulations under this clause are [standard text].

LI/SL

Schedule 1, after clause 42(7)

Insert:

(8)

Regulations under this clause are [standard text].

LI/SL

Gambling Act 2003 (2003 No 51)
LocationAmendmentCode

After section 2(3)

Insert:

(4)

An order under this section is [standard text].

LI/SL

After section 16(4)

Insert:

(5)

An order under this section is [standard text].

LI/SL

After section 17(4)

Insert:

(5)

Regulations under this section are [standard text].

LI/SL

Section 21(1)

Delete “in the Gazette

XD/SL

Section 21(2)

Replace with:

(2)

A notice under this section is [standard text].

XD/SL

Section 86(1)(b)

Delete “in the Gazette

XD/SL

Section 86(6)

Replace with:

(6)

A notice under subsection (1)(b) is [standard text].

XD/SL

After section 114(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

Section 116(1)

Delete “in the Gazette

XD/SL

Section 116(5)

Replace with:

(5)

A notice under this section is [standard text].

XD/SL

Section 123

Insert:

(2)

However, despite section 141(3), directions to which this section applies are not secondary legislation.

–/SL

After section 141(2)

Insert:

(3)

Minimum operating standards, and any variation or revocation of those standards, are [standard text].

–/SL

After section 172(4)

Insert:

(5)

Regulations under subsection (3) are [standard text].

LI/SL

After section 176(6)

Insert:

(7)

An exemption under this section is [standard text], unless it applies only to 1 or more named employees.

–/SL

Section 219

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Section 243(3)

Repeal

LI/SL

Section 243(7)

Replace with:

(7)

Rules under this section—

(a)

are [standard text]; and

(b)

take effect on the date of their publication under that Act, or any later date that is specified in the rules.

LI/SL

Section 244(1)

Delete “to the Lotteries Commission”

XD/SL

Section 244(1)(b)

Replace “the Commission” with “the Lotteries Commission”

XD/SL

Section 244(2) and (3)

Replace with:

(2)

A notice under this section is [standard text].

(3)

A copy of the notice must be provided to the Lotteries Commission as soon as practicable after publication.

XD/SL

After section 248(2)

Insert:

(3)

A determination under this section is [standard text].

–/SL

Section 280(1)

Delete “in the Gazette

XD/SL

Section 280(7)

Replace with:

(7)

A notice under subsection (1) is [standard text].

XD/SL

Section 301(1)(c)

Delete “in the Gazette

XD/SL

Section 301(7)

Replace with:

(7)

A notice under subsection (1)(c) is [standard text].

XD/SL

After section 313(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

After section 314(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

After section 315(3)

Insert:

(4)

Regulations under this section are [standard text].

LI/SL

After section 316(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

After section 319(3)

Insert:

(4)

Regulations under this section—

(a)

are [standard text]; and

(b)

must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).

LI/SL

Section 319A

Repeal

N

Section 327(4)

Replace “, by the Secretary, in the Gazette with “by the Secretary”

XD/SL

Section 327(5)

Replace with:

(5)

The following are [standard text]:

(a)

minimum standards prescribed under this section:

(b)

a notice under subsection (4).

XD/SL

Section 328(1)(c)

Delete “, which must be a date after the date on which the notice published in the Gazette takes effect”

XD/SL

Section 328(1)(d)

Delete “from the Secretary”

XD/SL

After section 329(2)

Insert:

(3)

An order under this section is [standard text].

LI/SL

Section 360

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Section 367(2)

Repeal

XD/SL

Section 367(3)

Repeal

XD/SL

Section 367(7)

Replace with:

(7)

The following are [standard text]:

(a)

game rules:

(b)

any amendment to, or revocation of, game rules.

XD/SL

Section 368

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Section 369

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

After section 370(3)

Insert:

(4)

Regulations under this section are [standard text].

LI/SL

Section 370A

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

After section 371(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

Impounding Act 1955 (1955 No 108)
LocationAmendmentCode

After section 67(1)

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Inquiries Act 2013 (2013 No 60)
LocationAmendmentCode

After section 9(3)

Insert:

(4)

An order under subsection (2)(c)(i) is [standard text].

LI/SL

Land Drainage Act 1908 (1908 No 96)
LocationAmendmentCode

After section 3(3)

Insert:

(4)

An order under this section is [standard text].

LI/SL

Local Authorities (Members’ Interests) Act 1968 (1968 No 147)
LocationAmendmentCode

After section 2(3)

Insert:

(4)

An order under this section is [standard text].

LI/SL

After section 4(2)

Insert:

(3)

An order under this section is [standard text].

LI/SL

After section 7(4)

Insert:

(5)

An order under this section is [standard text].

LI/SL

Local Electoral Act 2001 (2001 No 35)
LocationAmendmentCode

Section 2

Insert:

(2)

An order under this section is [standard text].

LI/SL

After section 73A(8)

Insert:

(9)

An order under this section is [standard text].

LI/SL

After section 139(3)

Insert:

(4)

Regulations under this section are [standard text].

LI/SL

Local Government Act 1974 (1974 No 66)
LocationAmendmentCode

After section 182(2)

Insert:

(3)

An order under this section is [standard text].

LI/SL

After section 199A(3)

Insert:

(4)

An order under this section is [standard text].

LI/SL

Section 200

Insert:

(2)

Regulations made for the purpose of this section are [standard text].

LI/SL

Section 359

Insert:

(2)

Regulations made for the purpose of this section are [standard text].

LI/SL

Local Government Act 2002 (2002 No 84)
LocationAmendmentCode

After section 7(7)

Insert:

(8)

An order under this section is [standard text].

LI/SL

After section 18(2)

Insert:

(3)

An order under this section is [standard text].

LI/SL

After section 24A(6)

Insert:

(7)

An order under subsection (3) must be published in the Gazette.

N

After section 25(9)

Insert:

(10)

An order under subsection (1)(a) or (4)(a)—

(a)

is [standard text]; but

(b)

commences in accordance with subsection (1)(b) or (4)(b), even if it is not yet published.

–/SL

After section 26(3)

Insert:

(4)

An order under this section is [standard text].

–/SL

After section 27(4)

Insert:

(5)

An order under this section is [standard text].

–/SL

After section 27A(3)

Insert:

(4)

An order under this section is [standard text].

–/SL

Section 27B

Repeal

–/SL

After section 139(7)

Insert:

(8)

An order under subsection (2) is [standard text].

LI/SL

Section 154(1)

Replace “written notice” with “a notice copied”

–/SL

Section 154(2)

Replace with:

(2)

A notice under this section is [standard text].

–SL

After section 259(4)

Insert:

(5)

Regulations under this section are [standard text].

LI/SL

Section 259I

Replace with:

259I Application of Legislation Act 2019 to standards incorporated by reference

Subpart 1 of Part 3 and section 114 of the Legislation Act 2019 do not apply to financial reporting standards that are incorporated by reference in regulations made under section 259(1)(dc) of this Act merely because they are incorporated.

N

After section 260(3)

Insert:

(4)

An order under this section is [standard text].

LI/SL

Section 261

Insert:

(2)

An order under this section is [standard text].

LI/SL

Section 261B(3)(b)

Delete “in the Gazette, and”

XD/SL

Section 261B(4)

Replace with:

(4)

Rules under this section are [standard text].

XD/SL

Section 261B(5)

Replace “notification in the Gazette with “publication”.

XD/SL

Section 261C

Repeal

XD/SL

Section 261I(4)

Repeal

–/SL

Section 261I(5)

Replace “on which the notice is given in the Gazette with “of publication under the Legislation Act 2019”

–/SL

Section 261I(6)

Replace with:

(6)

Rules under this section—

(a)

are [standard text]; but

(b)

commence in accordance with subsection (5).

–/SL

Schedule 7, clause 6(7)

Replace with:

(7)

A determination by the Remuneration Authority under this clause—

(a)

is [standard text]; but

(b)

comes into force in accordance with clause 7A, even if it is not yet published.

LI/SL

Schedule 7, after clause 10(2)

Insert:

(3)

Regulations under this clause are [standard text].

LI/SL

Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37)
LocationAmendmentCode

Section 4

Repeal

N

After section 31(5)

Insert:

(6)

An order under this section is [standard text].

LI/SL

After section 73(5)

Insert:

(6)

An order under this section is [standard text].

LI/SL

Local Government Official Information and Meetings Act 1987 (1987 No 174)
LocationAmendmentCode

Section 2(1), definition of enactment, paragraph (a)(ii)

Replace with:

(ii)

any secondary legislation, within the meaning of the Legislation Act 2019, that is made by Order in Council; and

N

Section 55

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Section 56(2)

Replace with:

(2)

An order under this section is [standard text].

LI/SL

Local Government (Rating) Act 2002 (2002 No 6)
LocationAmendmentCode

After section 25(4)

Insert:

(5)

Regulations under this section are [standard text].

LI/SL

After section 116(3)

Insert:

(4)

An order under this section is [standard text].

LI/SL

Section 133

Insert:

(2)

An order under this section is [standard text].

LI/SL

Local Legislation Act 1963 (1963 No 138)
LocationAmendmentCode

After section 25(4)

Insert:

(5)

An order under this section is [standard text].

LI/SL

Local Legislation Act 1983 (1983 No 8)
LocationAmendmentCode

After section 6(6)

Insert:

(7)

An order under this section is [standard text].

LI/SL

National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003 (2003 No 19)
LocationAmendmentCode

Section 29(1), definition of authorisation

Delete “notified”

LI/SL

Section 29(1), definition of requirement

Delete “notified by the Minister”

LI/SL

Section 29(1), definition of requirement, paragraphs (a) and (b)

Delete “notified”

LI/SL

Section 31(1)

Delete “in the Gazette

LI/SL

Section 31(3)

Delete “in the Gazette

LI/SL

Section 31(4)

Delete “, by notice in the Gazette and “notified under subsection (1) or subsection (3)”

LI/SL

After section 31(4)

Insert:

(5)

A requirement—

(a)

is [standard text]; but

(b)

commences in accordance with section 32 (even if it is not yet published, in the case of a requirement referred to in section 32(2)).

LI/SL

Section 32(1)(a)

Replace “in the Gazette with “under the Legislation Act 2019”

LI/SL

Section 32(1)(c)

Delete “notified”

LI/SL

Section 35

Repeal

LI/SL

Section 36(1)

Replace “notifies a requirement” with “publishes a requirement under section 31”

LI/SL

Section 37

Delete “notified under section 31(1)”

LI/SL

Section 38(1)

Delete “in the Gazette

LI/SL

LI/SL

Section 38(2)

Delete “in the Gazette

LI/SL

LI/SL

After section 38(4)

Insert:

(5)

If a requirement authorises the Minister to grant exemptions,—

(a)

an exemption granted under that authority is [standard text]; and

(b)

the requirement must contain a statement to that effect; and

(c)

the exemption takes effect in accordance with subsection (4), even if it is not yet published.

LI/SL

LI/SL

Section 39(2)

Delete “notified”

LI/SL

Section 45

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

New Plymouth District Council (Waitara Lands) Act 2018 (2018 No 2 (L))
LocationAmendmentCode

After section 63(5)

Insert:

(5A)

An order under this section is [standard text].

LI/SL

North Shore Boroughs (Auckland) Water Conservation Act 1944 (1944 No 3 (L))
LocationAmendmentCode

Section 10

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Passports Act 1992 (1992 No 92)
LocationAmendmentCode

After section 40(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

Public Bodies Contracts Act 1959 (1959 No 98)
LocationAmendmentCode

After section 2(3)

Insert:

(4)

An order under this section is [standard text].

LI/SL

Public Lending Right for New Zealand Authors Act 2008 (2008 No 104)
LocationAmendmentCode

After section 16(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

Public Records Act 2005 (2005 No 40)
LocationAmendmentCode

After section 5(7)

Insert:

(8)

An order under this section is [standard text].

LI/SL

Section 27(3)

After “under this section”, insert “that is not secondary legislation”

–/SL

After section 27(3)

Insert:

(4)

The following are [standard text], unless they apply only to 1 or more named persons:

(a)

mandatory standards under this section:

(b)

an amendment to, or a revocation of, those standards.

–/SL

After section 30(2)

Insert:

(3)

An exemption under this section is [standard text].

–/SL

Section 63

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Queenstown Reserves Vesting and Empowering Act 1971 (1971 No 14 (L))
LocationAmendmentCode

Section 11(1)

Delete “in the Gazette.

LI/SL

Section 11(2)

Replace “gazetting” with “publication”

LI/SL

After section 11(2)

Insert:

(3)

A notice under subsection (1) is [standard text].

LI/SL

Racing Act 2003 (2003 No 3)
LocationAmendmentCode

Section 2

Insert:

(2)

An order under this section is [standard text].

LI/SL

Section 22(4)

Repeal

XD/–

Section 32(2)

Repeal

XD/–

Section 36

Insert:

(2)

An order under this section is [standard text].

LI/SL

Section 59(2)

Repeal

XD/SL

Section 65F

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

After section 65G(3)

Insert:

(4)

Regulations under this section are [standard text].

LI/SL

After section 65H(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

Rangitaiki Land Drainage Act 1956 (1956 No 34)
LocationAmendmentCode

Section 19

Insert:

(2)

A determination under subsection (1)(c) is [standard text].

–/SL

Rates Rebate Act 1973 (1973 No 5)
LocationAmendmentCode

After section 3(2)

Insert:

(3)

An order under this section is [standard text].

LI/SL

River Boards Act 1908 (1908 No 165)
LocationAmendmentCode

After section 19(3)

Insert:

(4)

An order under this section is [standard text].

LI/SL

Rotorua Borough Act 1922 (1922 No 9)
LocationAmendmentCode

Section 1

Insert:

(2)

An instrument under this section appointing a date is [standard text].

LI/SL

Section 18

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Scout Association of New Zealand Amendment Act 1967 (1967 No 3 (P))
LocationAmendmentCode

Section 6(1)

Delete “in the Gazette

–/SL

After section 6(3)

Insert:

(4)

A notice under this section is [standard text].

–/SL

Selwyn Plantation Board Empowering Act 1992 (1992 No 4 (L))
LocationAmendmentCode

After section 20(5)

Insert:

(6)

An order under subsection (5) is [standard text].

LI/SL

Southland District Council (Stewart Island/Rakiura Visitor Levy) Empowering Act 2012 (2012 No 1 (L))
LocationAmendmentCode

Section 14

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Sumner Borough Empowering Act 1936 (1936 No 8 (L))
LocationAmendmentCode

Section 2

Insert:

(2)

An order under this section is [standard text].

LI/SL

Tauranga District Council (Waikareao Estuary Expressway) Empowering Act 1989 (1989 No 10 (L))
LocationAmendmentCode

Section 5(1)(b)

Delete “by notice in the Gazette

–/SL

After section 5(2)

Insert:

(3)

A determination under subsection (1)(b) is [standard text].

–/SL

Time Act 1974 (1974 No 39)
LocationAmendmentCode

After section 4(3)

Insert:

(4)

An order under this section is [standard text].

LI/SL

Heading to section 6

Replace enactments, Orders in Council, etc with legislation and other documents

N

Section 6

Replace “in any enactment, Order in Council, order, regulation, rule, bylaw, deed, notice, or other document whatsoever,” with “in any legislation, or in any other document whatsoever,”

N

Wellington Regional Water Board Act 1972 (1972 No 3 (L))
LocationAmendmentCode

After section 61(4)

Insert:

(5)

An order under subsection (3) is [standard text].

LI/SL

Section 63(1)

Delete “in the Gazette,”

–/SL

Section 63(3)

Delete “in the Gazette

–/SL

After section 63(4)

Insert:

(5)

A notice under this section—

(a)

is [standard text]; but

(b)

commences in accordance with subsection (3).

–/SL

Schedule 4 Department of the Prime Minister and Cabinet

s 3

Child Poverty Reduction Act 2018 (2018 No 57)
LocationAmendmentCode

Section 6(4)

Delete “, but must after they are decided, amended, or replaced be published on, and available at all reasonable times from, an Internet site administered by or on behalf of Statistics New Zealand”.

–/SL

Section 6(5)

Replace with:

(5)

The following are [standard text]:

(a)

a Statistician’s definition:

(b)

an amendment to, or replacement of, a Statistician’s definition.

–/SL

Section 25

Repeal

N

Section 41

Repeal

N

Schedule 2, clause 4

Replace with:

4 Application of Legislation Act 2019 to material incorporated by reference

Subpart 1 of Part 3 and section 114 of the Legislation Act 2019 do not apply to material incorporated by reference in a Statistician’s definition in reliance on section 6(2).

–/SL

Schedule 2, clause 5

Repeal

–/SL

Christ Church Cathedral Reinstatement Act 2017 (2017 No 52)
LocationAmendmentCode

Section 5, definition of enactment

Replace “section 29 of the Interpretation Act 1999” with “section 13 of the Legislation Act 2019”

N

After section 8(5)

Insert:

(6)

An order under this section is [standard text].

LI/SL

After section 19(4)

Insert:

(5)

An order under this section is [standard text].

–/SL

Section 20(2)(b)

Replace “notice that the order has been made is given in the Gazette with “the order is published under the Legislation Act 2019”

LI/SL

Cross-heading above section 22

Repeal

LI/SL

Section 22

Repeal

LI/SL

Civil Defence Emergency Management Act 2002 (2002 No 33)
LocationAmendmentCode

Section 24(2)

Replace “any other Act, regulation, or bylaw” with “any other legislation”

N

After section 31(2)

Insert:

(3)

A national civil defence emergency management strategy is [standard text].

–/SL

Section 32(2)(a)

Repeal

–/SL

Section 34(1)(a)

Replace “notification in the Gazette with “publication under the Legislation Act 2019”

–/SL

Section 39(4)

Replace with:

(4)

An order under this section is [standard text].

LI/SL

Section 40

Replace with:

40 Incorporation by reference

(1)

This section applies if section 64 of the Legislation Act 2019 is relied on to incorporate material by reference in a national civil defence emergency management plan.

(2)

When this section applies, sections 63 to 66 and Schedule 2 of the Legislation Act 2019 apply with the following modifications:

(a)

clause 1 of that schedule does not apply:

(b)

the rest of that schedule applies as if references to the chief executive were references to the Director.

N

Section 43

Repeal

LI/SL

Section 44

Insert:

(2)

The order is [standard text].

LI/SL

Section 45(a)

Replace “notification of the order in the Gazette with “publication of the order under the Legislation Act 2019”

LI/SL

Section 46(4)

Delete “43”

LI/SL

After section 47(2)

Insert:

(3)

An order under this section is [standard text].

LI/SL

After section 61(3)

Insert:

(4)

An order under this section is [standard text].

LI/SL

Section 115

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Governor-General Act 2010 (2010 No 122)
LocationAmendmentCode

Section 5(5)

Replace with:

(5)

A determination under this section is [standard text].

LI/SL

Section 6(4)

Replace with:

(4)

An Order in Council under this section is [standard text].

LI/SL

Section 8(6)

Replace with:

(6)

A determination under this section is [standard text].

LI/SL

Greater Christchurch Regeneration Act 2016 (2016 No 14)
LocationAmendmentCode

Section 4, definition of enactment

Replace “section 29 of the Interpretation Act 1999” with “section 13 of the Legislation Act 2019”

N

Section 13, definition of publish

After “any other document”, insert “(unless that notice or document is secondary legislation)”

–/SL

Section 26(3)

After “publish”, insert “, in 1 or more newspapers circulating in greater Christchurch,”

–/SL

After section 26(3)

Insert:

(4)

The following are [standard text]:

(a)

a draft Plan or amendment approved under subsection (1); and

(b)

a notice under subsection (3).

(5)

That Act applies as if—

(a)

the Minister were the maker of the Plan or amendment; and

(b)

the Plan or amendment were made by the Minister approving it.

XD/SL

–/SL

Section 38(3)

After “publish”, insert “, in 1 or more newspapers circulating in greater Christchurch,”

–/SL

After section 38(3)

Insert:

(4)

The following are [standard text]:

(a)

a draft Plan or amendment approved under subsection (1); and

(b)

a notice under subsection (3).

(5)

That Act applies as if—

(a)

the Minister were the maker of the Plan or amendment; and

(b)

the Plan or amendment were made by the Minister approving it.

XD/SL

–/SL

Section 47(3)

After “publish”, insert “, in 1 or more newspapers circulating in greater Christchurch,”

–/SL

After section 47(3)

Insert:

(4)

The following are [standard text]:

(a)

a proposed revocation approved under subsection (1); and

(b)

a notice under subsection (3).

(5)

That Act applies as if—

(a)

the Minister were the maker of the revocation; and

(b)

the revocation were made by the Minister approving it.

XD/SL

–/SL

Section 58(3)

After “publish”, insert “, in 1 or more newspapers circulating in greater Christchurch,”

–/SL

After section 58(3)

Insert:

(4)

The following are [standard text]:

(a)

a proposed revocation approved under subsection (1); and

(b)

a notice under subsection (3).

(5)

That Act applies as if—

(a)

the Minister were the maker of the revocation; and

(b)

the revocation were made by the Minister approving it.

XD/SL

–/SL

Section 60(1)(a)

Replace with:

(a)

in relation to a Plan or an amendment to a Plan published under the Legislation Act 2019, on and from the date of publication; and

XD/SL

Section 64

Repeal

XD/SL

Section 71(2), (3), and (4)

Delete “in the Gazette

XD/SL

After section 71(5)

Insert:

(6)

A notice under this section is [standard text].

XD/SL

Section 72(1)

Delete Gazette

XD/SL

Section 72(2)

Replace with:

(2)

As soon as practicable after publishing a notice under the Legislation Act 2019, the Minister must publish, in 1 or more newspapers circulating in greater Christchurch, a notice that summarises the matters in subsection (1).

XD/SL

Section 72(3)

Repeal

XD/SL

Section 73

Repeal

XD/SL

Section 133(3)

Replace “section 11 of the Interpretation Act 1999” with “sections 43 and 44 of the Legislation Act 2019”

N

After section 147(4)

Insert:

(5)

An order described in subsection (4) is [standard text].

LI/SL

After section 148(2)

Insert:

(3)

An order made under subsection (1) is [standard text].

LI/SL

Section 149

Repeal

LI/SL

Hurunui/Kaikōura Earthquakes Recovery Act 2016 (2016 No 102)
LocationAmendmentCode

Section 4(1), definition of enactment

Replace “section 29 of the Interpretation Act 1999” with “section 13 of the Legislation Act 2019”

N

Cross-heading above section 21

Replace 2012 with 2019

N

Section 21

Replace with:

21 Application of Legislation Act 2019

An Order in Council made under this Act is [standard text].

LI/SL

Intelligence and Security Act 2017 (2017 No 10)
LocationAmendmentCode

Section 42(6)

Repeal

N

Section 216

Repeal

N
International Terrorism (Emergency Powers) Act 1987 (1987 No 179)
LocationAmendment Code

Section 14(4)

Replace with:

(4)

The Prime Minister must immediately notify the public, by whatever means are practicable in the circumstances, that a notice under subsection (1) or (2) has been issued.

(4A)

A notice under subsection (1) is [standard text].

(4B)

A notice under subsection (2) is [standard text].

–/SL

Section 15

Replace with:

15 Commencement, revocation, expiry, and renewal of notice under section 14

(1)

A notice under section 14(1) or (2) becomes effective in relation to any person on the earlier of the following events:

(a)

when that notice is delivered to that person:

(b)

when public notification is given under section 14(4).

(2)

Subsection (1) applies despite anything in any other Act (and even if the notice is not yet published under the Legislation Act 2019).

(3)

The Prime Minister may, at any time, by notice, revoke a notice under section 14.

(4)

Subject to subsections (3) and (5), every notice under section 14 expires 1 year after the date on which it was made, or on an earlier date specified in the notice.

(5)

Subject to subsection (3), the Prime Minister may, by notice, renew a notice under section 14 for a period not exceeding 5 years as is necessary—

(a)

to protect the safety of any person; or

(b)

to avoid prejudice to measures designed to deal with international terrorist emergencies.

(6)

A notice under subsection (3) or (5) is [standard text].

–/SL

Schedule 5 Inland Revenue Department

s 3

Child Support Act 1991 (1991 No 142)
LocationAmendmentCode

After section 215(3)

Insert:

(4)

An order under this section—

(a)

is [standard text]; but

(b)

commences in accordance with subsection (2), even if it is not yet published.

LI/SL

After section 234(2)

Insert:

(3)

Rules and regulations under subsection (1) are [standard text].

LI/SL

After section 235(1)

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Estate and Gift Duties Act 1968 (1968 No 35)
LocationAmendmentCode

After section 73(2)

Insert:

(3)

An order under subsection (2)(k)(ii) or (ka)(ii) is [standard text].

LI/SL

Goods and Services Tax Act 1985 (1985 No 141)
LocationAmendmentCode

Section 2(1), definition of fine metal, paragraph (d)

After “definition”, insert “(see subsection (3))”

LI/SL

After section 2(2)

Insert:

(3)

An order under the definition of fine metal, paragraph (d), in subsection (1) is [standard text].

LI/SL

After section 5(6E)

Insert:

(6EB)

An order under subsection (6E)(a)(ii) or (b)(iii) is [standard text].

LI/SL

After section 15(6)

Insert:

(7)

An order under subsection (5)(c) is [standard text].

LI/SL

After section 19A(3)

Insert:

(4)

An order under subsection (1)(b)(i) is [standard text].

LI/SL

Section 24(4)

After “declare”, insert “(see subsection (11))”

LI/SL

Section 24(5)(a)

After “declare”, insert “(see subsection (11))”

LI/SL

Section 24(7)

After “declare”, insert “(see subsection (11))”

LI/SL

After section 24(10)

Insert:

(11)

An order under subsection (4), (5)(a), or (7) is [standard text].

LI/SL

Section 51(1)(a)

After “declare”, insert “(see subsection (8))”

LI/SL

After section 51(7)

Insert:

(8)

An order under subsection (1)(a) is [standard text].

LI/SL

Section 78(3)

Replace “any Act or by any legislative instrument (within the meaning of the Legislation Act 2012) or by any regulation (within the meaning of the Regulations Act 1936)” with “any legislation”

N

Section 78(3)(a) and (b)

Replace “that Act or regulation” with “that legislation”

N

Section 78(3), first proviso

Replace “any such Act or regulation” with “any such legislation” in each place

N

Section 78(3), second proviso

Replace “that Act or regulation” with “that legislation”

N

Section 78(4)

Replace “Act or regulation” with “or legislation”

N

Income Tax Act 2007 (2007 No 97)
LocationAmendmentCode

Section AA 2(1)

After “Diagrams”, insert “, examples”

N

Cross-heading above section AA 3(2)

Replace Interpretation Act with Legislation Act 2019, Part 2

N

Section AA 3(2)

Replace “The Interpretation Act 1999” with “The Legislation Act 2019, Part 2,”

N

After section BH 1(3)

Insert:

Secondary legislation

(3B)

An Order in Council under subsection (3) is [standard text].

LI/SL

After section CE 1(5)

Insert:

Secondary legislation

(6)

An Order in Council under subsection (4)—

(a)

is [standard text]; but

(b)

commences in accordance with subsection (5), even if it is not yet published.

LI/SL

Section CU 8(1)(b)

Delete Gazette

LI/SL

Section CU 8(2)

Delete Gazette

LI/SL

After section CU 8(2)

Insert:

Secondary legislation

(3)

A notice under subsection (1)(b) is [standard text].

LI/SL

After section CV 8(3)

Insert:

Secondary legislation

(4)

An Order in Council under subsection (1)—

(a)

is [standard text]; but

(b)

commences in accordance with subsection (2), even if it is not yet published.

LI/SL

After section CW 12(6)

Insert:

Secondary legislation

(7)

An Order in Council under subsection (6) is [standard text].

LI/SL

After section CW 59(7)

Insert:

Secondary legislation

(8)

An Order in Council under this section is [standard text].

LI/SL

After section DB 35(2)

Insert:

Secondary legislation

(3)

An Order in Council under subsection (2) is [standard text].

LI/SL

Section DE 12(4)

Delete “and publish”

–/SL

After section DE 12(4)

Insert:

Secondary legislation

(5)

An instrument that sets kilometre rates under subsection (4) is [standard text].

–/SL

After section DO 4(8)

Insert:

Secondary legislation

(9)

An Order in Council under subsection (8) is [standard text].

LI/SL

After section EB 9(5)

Insert:

Secondary legislation

(5B)

An Order in Council under subsection (5) is [standard text].

LI/SL

After section EB 13(3)

Insert:

Secondary legislation

(4)

An Order in Council under this section is [standard text].

LI/SL

After section EC 15(2)

Insert:

Secondary legislation

(3)

A determination under subsection (1) is [standard text].

–/SL

After section EC 19(3)

Insert:

Secondary legislation

(4)

The instrument that sets or varies an adjustment under subsection (3) is [standard text].

–/SL

After section EC 23(2)

Insert:

Secondary legislation

(3)

A determination under subsection (1) is [standard text].

–/SL

After section EC 24(3)

Insert:

Secondary legislation

(4)

A determination under subsection (1) is [standard text].

–/SL

After section EC 29(2)

Insert:

Secondary legislation

(3)

A determination under subsection (1) is [standard text].

–/SL

After section EC 33(3)

Insert:

Secondary legislation

(4)

A determination under subsection (1) is [standard text].

–/SL

After section EE 38(8)

Insert:

Secondary legislation

(9)

An Order in Council under subsection (8) is [standard text].

LI/SL

After section EE 65(2)

Insert:

Secondary legislation

(3)

An Order in Council under subsection (2) is [standard text].

LI/SL

After section EH 35(6)

Insert:

Secondary legislation

(7)

An Order in Council under subsection (6) is [standard text].

LI/SL

After section EW 17(3)

Insert:

Secondary legislation

(4)

An Order in Council under subsection (3) is [standard text].

LI/SL

After section EW 45(3)

Insert:

Secondary legislation

(3B)

An Order in Council under subsection (3) is [standard text].

LI/SL

After section EW 57(10)

Insert:

Secondary legislation

(11)

An Order in Council under subsection (10) is [standard text].

LI/SL

Section EX 55(4)(b) and (6)(c)

After “year”, insert “(see subsection (15))”

LI/SL

After section EX 55(14)

Insert:

Secondary legislation

(15)

An Order in Council under subsection (4)(b) or (6)(c) is [standard text].

LI/SL

After section EZ 35(3)

Insert:

(3B)

An Order in Council under subsection (3) is [standard text].

LI/SL

Section EZ 37(1)(a)(i) and (ii) and (b)

After “declare”, insert “(see subsection (10))”

LI/SL

After section EZ 37(9)

Insert:

(10)

An Order in Council under subsection (1) is [standard text].

LI/SL

After section EZ 38(8)

Insert:

(9)

An Order in Council under subsection (8)(c)(iii) is [standard text].

LI/SL

After section FE 22(3)

Insert:

Secondary legislation

(4)

An Order in Council under subsection (3)(b)(i) or (d)(i) is [standard text].

LI/SL

After section FE 24(3)

Insert:

Secondary legislation

(4)

An Order in Council under subsection (2)—

(a)

is [standard text]; and

(b)

commences in accordance with subsection (3), even if it is not yet published.

LI/SL

After section HA 9(2)

Insert:

Secondary legislation

(3)

An Order in Council under subsection (2) is [standard text].

LI/SL

After section IC 13(4)

Insert:

Secondary legislation

(5)

An Order in Council under subsection (2) is [standard text].

LI/SL

After section MF 7(2B)

Insert:

Secondary legislation

(2C)

An Order in Council under this section is [standard text].

LI/SL

Section MF 7(3)

Replace “must be made” with “must be published under the Legislation Act 2019”

LI/SL

After section RA 21(4)

Insert:

Secondary legislation

(5)

Regulations under this section are [standard text].

LI/SL

After section RC 38(4)

Insert:

Secondary legislation

(5)

An Order in Council under subsection (4)(b) is [standard text].

LI/SL

After section RD 4(7)

Insert:

(8)

An Order in Council under subsection (7) is [standard text].

LI/SL

After section RD 49(4)

Insert:

Secondary legislation

(5)

An Order in Council under subsection (4) is [standard text].

LI/SL

After section RP 4(6)

Insert:

Secondary legislation

(7)

An Order in Council under subsection (6) is [standard text].

LI/SL

Section YA 1, definition of unit trust, paragraph (b)(x)

Replace with:

(x)

any other trust of any specified kind that is declared not to be a unit trust for the purposes of section HD 13 (Unit trusts) by the Governor-General by Order in Council (and such an order is [standard text]).

LI/SL

After section YF 1(5)

Insert:

(5B)

An instrument that sets a rate, or sets out an approved method, for general use under subsection (5) is [standard text].

–/SL

KiwiSaver Act 2006 (2006 No 40)
LocationAmendmentCode

After section 2(2)

Insert:

(3)

An order under this section is [standard text].

LI/SL

After section 65(3)

Insert:

(4)

An order under this section—

(a)

is [standard text]; and

(b)

must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).

LI/SL

Section 65A

Repeal

N

After section 228(4)

Insert:

(5)

Regulations under this section are [standard text].

LI/SL

After section 229(4)

Insert:

(5)

Regulations under this section are [standard text].

LI/SL

After section 230(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

After section 230A(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

Student Loan Scheme Act 2011 (2011 No 62)
LocationAmendmentCode

Section 215

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Section 217

Repeal

LI/SL

Tax Administration Act 1994 (1994 No 166)
LocationAmendmentCode

After section 4A

Insert:

4AB Status of examples

Examples are included in this Act only as an interpretational aid. If there is conflict between an example and a provision of this Act, the provision prevails.

N

Cross-heading above section 6B(3)

Replace with Secondary legislation

LI/SL

Section 6B(3)

Replace with:

(3)

An order under subsection (1)—

(a)

is [standard text]; but

(b)

becomes binding on the Commissioner in accordance with subsection (4) (even if it is not yet published).

(3B)

If an order is made under subsection (1), the Minister must ensure that any accompanying statement of the reasons for the order, and any advice of the Commissioner in relation to it, is laid before the House of Representatives as soon as practicable after it is made.

LI/SL

Section 13B(2)

Replace “publish” with “make”

–/SL

After section 13B(3)

Insert:

(4)

Guidelines under subsection (2) are [standard text].

–/SL

After section 21C(2)

Insert:

(3)

An order under this section is [standard text].

LI/SL

Section 22(6)

Delete “published in the Gazette

–/SL

After section 22(6)

Insert:

(6B)

A notice under subsection (6) is [standard text].

–/SL

Section 23G(5)

Repeal

N

After section 23N(3)

Insert:

(4)

Regulations under this section are [standard text].

LI/SL

Section 23Q

Insert:

(2)

A variation under this section is [standard text].

–/SL

Section 24IB

Insert:

(2)

A variation under this section is [standard text].

–/SL

Section 25P(5)

(as inserted by 2018 No 5, uncommenced amendment)

Repeal

N

Section 25R

(as inserted by 2018 No 5, uncommenced amendment)

Insert:

(2)

A variation under this section is [standard text].

–/SL

Section 28D(2)

After “may”, insert “, by notice,”

–/SL

After section 28D(2)

Insert:

(3)

A notice under subsection (2) is [standard text].

–/SL

Section 36BD(7)

Replace with:

(7)

The following are [standard text]:

(a)

an order under subsection (2):

(b)

an exemption under subsection (3), unless it applies only to 1 or more named persons.

–/SL

After section 59E(5)

Insert:

(6)

Regulations under subsection (1) are [standard text].

LI/SL

Section 90(6B)

Replace “the date of notification or publication of a determination, or notice, that is authorised by subsection (6)” with “a determination or notice under subsection (6) comes into force”

Replace “that date of notification or publication” with “the determination or notice comes into force”

–/SL

Section 90(7) and (8)

Replace with:

(7)

If the Commissioner makes a determination or notice under subsection (1) or (6) that is not secondary legislation,—

(a)

it comes into force when it is signed by the Commissioner; and

(b)

the Commissioner must give notice of it to the person to whom it applies as soon as is convenient.

–/SL

Section 90(10)(a)

Replace “date of the determination” with “determination came into force”

–/SL

After section 90(10)

Insert:

(11)

The following are [standard text] unless they relate only to 1 or more named persons:

(a)

a determination under subsection (1) or (6)(a):

(b)

a notice under subsection (6)(b).

–/SL

After section 90AC(6)

Insert:

(7)

The following are [standard text] unless they relate only to 1 or more named persons:

(a)

a determination under subsection (1) or (6)(a):

(b)

a notice under subsection (6)(b).

–/SL

Section 90AD(1) and (2)

Replace with:

(1)

If the Commissioner makes a determination or notice under section 90AC that is not secondary legislation,—

(a)

it comes into force when it is signed by the Commissioner; and

(b)

the Commissioner must give notice of it to the person to whom it applies as soon as is convenient.

–/SL

Section 90AD(4)(a)

Replace “date of the determination” with “determination came into force”

–/SL

Section 90AE

Replace “the date of notification or publication of a determination, or notice, that is authorised by section 90AC(6)(a) or (b)” with “a determination or notice under section 90AC(6) comes into force”.

–/SL

Section 90AE

Replace “that date of notification or publication” with “the determination or notice comes into force”

–/SL

Section 91AAE(1)

Repeal

–/SL

Section 91AAE(2)

Replace “is published” with “comes into force”

–/SL

Section 91AAF(6)

Delete “The revocation takes effect on the day after the date of publication of the Gazette in which notification under section 91AAK is made.”

–/SL

After section 91AAF(6)

Insert:

(7)

The following are [standard text]:

(a)

a determination under this section:

(b)

a revocation of a determination under this section.

–/SL

Section 91AAK

Repeal

–/SL

Section 91AAR(6)

Replace with:

(6)

A determination under this section is [standard text].

–/SL

Section 91AAU(4)

Replace with:

(4)

A determination under this section is [standard text].

–/SL

Section 91AAV(3)

Replace with:

(3)

A determination under this section is [standard text].

–/SL

Section 91AAW(4)

Replace with:

(4)

A determination under this section is [standard text].

–/SL

Section 91AAX(5)

Replace with:

(5)

A determination under this section is [standard text].

–/SL

Section 91AAY(5)

Replace with:

(5)

A determination under this section is [standard text].

–/SL

Section 91AAZ(5)

Replace with:

(5)

A determination under this section is [standard text].

–/SL

After section 91E(5)

Insert:

(6)

An order under subsection (5) is [standard text].

LI/SL

After section 91I(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

Section 120H

Insert:

(2)

An order under this section is [standard text].

LI/SL

After section 141B(9)

Insert:

(10)

An order under subsection (9) is [standard text].

LI/SL

After section 142AB(6)

Insert:

(7)

An order under subsection (5) is [standard text].

LI/SL

After section 173C(2)

Insert:

(3)

An order under this section is [standard text].

LI/SL

After section 183ABA(5)

Insert:

(6)

An order under this section is [standard text].

LI/SL

After section 183F(2)

Insert:

(3)

An order under subsection (2) is [standard text].

LI/SL

Section 184

Replace “of the Order in Council that gives effect to the double tax agreement” with “on which the Order in Council that gives effect to the double tax agreement comes into force”

Replace “4 years after the date of the Order in Council” with “4 years after the date on which the Order in Council came into force”

LI/SL

Section 184B

Insert:

(2)

An order under this section is [standard text].

LI/SL

After section 224(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

After section 225(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

After section 225AA(4)

Insert:

(5)

Regulations under this section are [standard text].

LI/SL

Section 225A(3)

Replace with:

(3)

An order under this section is [standard text].

LI/SL

After section 225B(1)

Insert:

(2)

An order under subsection (1)(a) or (b)—

(a)

is [standard text]; and

(b)

must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).

LI/SL

Section 225BA

Repeal

N

Section 225C

Insert:

(2)

An order under this section is [standard text].

LI/SL

After section 225D(3)

Insert:

(4)

Regulations under this section—

(a)

are [standard text]: but

(b)

commence in accordance with subsection (3), even if they are not yet published.

LI/SL

After section 226(2)

Insert:

(3)

An order under this section is [standard text].

LI/SL

After section 226C(4)

Insert:

(5)

An order under subsection (4) is [standard text].

LI/SL

Section 226D(4)

Repeal

LI/SL

After section 226D(5)

Insert:

(6)

Regulations under this section are [standard text].

LI/SL

Section 226E(4)

Replace with:

(4)

Regulations under this section are [standard text].

LI/SL

After section 227B(5)

Insert:

(5B)

Regulations under this section are [standard text].

LI/SL

Taxation Review Authorities Act 1994 (1994 No 165)
LocationAmendmentCode

After section 30(3)

Insert:

(4)

Regulations under this section are [standard text].

LI/SL

Schedule 6 Land Information New Zealand

s 3

Cadastral Survey Act 2002 (2002 No 12)
LocationAmendmentCode

After section 11(5)

Insert:

(6)

The following are [standard text]:

(a)

an instrument that sets fees under subsection (1)(c):

(b)

standards issued or updated under subsection (1)(d).

–/SL

After section 48(4)

Insert:

(5)

The following are [standard text]:

(a)

regulations under this section:

(b)

an amendment or a revocation under subsection (4)(b).

LI/SL

Section 49(1)

Delete “, by notice in the Gazette,”

LI/SL

Section 49(4)(b)

Repeal

LI/SL

Section 49(5)(b)

Repeal

LI/SL

After section 49(5)

Insert:

(6)

Rules under this section are [standard text].

LI/SL

Section 63

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

After section 65(5)

Insert:

(6)

An order under subsection (3) is [standard text].

LI/SL

Crown Pastoral Land Act 1998 (1998 No 65)
LocationAmendmentCode

Section 23N

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Section 23O(4)

Repeal

XD/SL

After section 23O(5)

Insert:

(6)

Rules under this section are [standard text].

XD/SL

Hunter Gift for the Settlement of Discharged Soldiers Act 1921 (1921 No 12)
LocationAmendmentCode

Section 9

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Land Act 1948 (1948 No 64)
LocationAmendmentCode

After section 22(3)

Insert:

(4)

An order under this section is [standard text].

LI/SL

After section 50A(8)

Insert:

(9)

An order under subsection (3) is [standard text].

LI/SL

Section 89(5)

After “prescribed”, insert “(see section 184A)”

LI/SL

After section 184(2A)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

After section 184A(3)

Insert:

(4)

The following are [standard text]:

(a)

regulations under this section:

(b)

an amendment or a revocation under subsection (3)(b).

LI/SL

Land Transfer Act 2017 (2017 No 30)
LocationAmendmentCode

After section 2(3)

Insert:

(4)

An order under this section is [standard text].

LI/SL

Section 30(2)

After “specify standards”, insert “(see section 236)”

XD/SL

Section 225(7)

Delete “and (3)”.

N

After section 225(7)

Insert:

(8)

The Registrar must publish a form specified under this section on an Internet site maintained by or on behalf of the department.

N

After section 227(3)

Insert:

(4)

Regulations under this section are [standard text].

LI/SL

After section 228(4)

Insert:

(5)

Regulations under this section are [standard text].

LI/SL

After section 230(2)

Insert:

(3)

An order under this section is [standard text].

LI/SL

Section 236(3) and (4)

Replace with:

(3)

The following are [standard text]:

(a)

standards under this section:

(b)

directives under this section.

XD/SL

Schedule 1, heading to clause 13

Replace Interpretation Act 1999 with Part 2 of Legislation Act 2019.

N

Schedule 1, clause 13

Replace “the Interpretation Act 1999” with “Part 2 of the Legislation Act 2019”.

N

New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 (2008 No 30)
LocationAmendmentCode

Section 2

Insert:

(2)

An order under this section is [standard text].

LI/SL

Public Works Act 1981 (1981 No 35)
LocationAmendmentCode

Section 55

Insert:

(2)

If the first-mentioned document is secondary legislation, the subsequent document—

(a)

is also [standard text]; but

(b)

has effect in accordance with subsection (1) despite not being first published.

LI/SL

After section 72E(4)

Insert:

(5)

An order under this section is [standard text].

LI/SL

Section 190(4)

Replace “any Act, regulation, or bylaw” with “any legislation”

N

After section 190(8)

Insert:

(9)

Regulations under this section are [standard text].

LI/SL

After section 243(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

Rating Valuations Act 1998 (1998 No 69)
LocationAmendmentCode

Section 5(4) and (5)

Repeal

XD/SL

Section 5(6)

Replace with:

(6)

Rules under this section are [standard text].

XD/SL

After section 52(4)

Insert:

(5)

Regulations under this section are [standard text].

LI/SL

Reserves and Other Lands Disposal and Public Bodies Empowering Act 1915 (1915 No 68)
LocationAmendmentCode

Section 126

Insert:

(2)

An instrument that makes and levies rates under this section is [standard text].

LI/SL

Valuers Act 1948 (1948 No 63)
LocationAmendmentCode

After section 44(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

Westland and Nelson Coal Fields Administration Act 1877 (1877 No 73 (L))
LocationAmendmentCode

Section 20

Insert:

(2)

An order under this section is [standard text].

LI/SL

Section 21

Insert:

(2)

An order under this section is [standard text].

LI/SL

Heading to section 27

Delete published in the New Zealand Gazette

–/SL

Section 27

Delete “to be published in the New Zealand Gazette

–/SL

Section 27

Insert:

(2)

Regulations under this section are [standard text].

–/SL

Schedule 7 Ministry for Culture and Heritage

s 3

Anzac Day Act 1966 (1966 No 44)
LocationAmendmentCode

Section 2(3)

Replace with:

(3)

An order under this section is [standard text].

LI/SL

Broadcasting Act 1989 (1989 No 25)
LocationAmendmentCode

After section 21(5)

Insert:

(6)

A code of broadcasting practice under subsection (1)(f) or (g) is [standard text].

(7)

That Act applies as if—

(a)

the Authority were the maker of the code; and

(b)

the code were made by—

(i)

the Authority issuing it, in the case of a code issued under subsection (1)(f); or

(ii)

the Authority approving it, in the case of a code approved under subsection (1)(g).

–/SL

Section 22

Repeal

–/SL

Section 30(5)

Replace with:

(5)

Rules under this section are [standard text].

LI/SL

Cultural Property (Protection in Armed Conflict) Act 2012 (2012 No 118)
LocationAmendmentCode

After section 2(2)

Insert:

(3)

An order under this section is [standard text].

LI/SL

Section 43

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Flags, Emblems, and Names Protection Act 1981 (1981 No 47)
LocationAmendmentCode

Section 16(2)

Delete “in the Gazette

–/SL

After section 16(5)

Insert:

(6)

A notice under this section is [standard text].

–/SL

After section 17(3)

Insert:

(4)

An order under this section is [standard text].

LI/SL

Section 18(3)(a)

After “Governor-General”, insert “by Order”

LI/SL

After section 18(3)

Insert:

(4)

An order under subsection (3)(a) is [standard text].

LI/SL

After section 18A(3)

Insert:

(4)

An order under subsection (3)(a) is [standard text].

LI/SL

After section 19(4)

Insert:

(5)

An order under this section is [standard text].

LI/SL

Section 26A

Insert:

(2)

An order under this section is [standard text].

LI/SL

Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26)
LocationAmendmentCode

Section 99

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

New Zealand Film Commission Act 1978 (1978 No 61)
LocationAmendmentCode

After section 1(2)

Insert:

(3)

An order under this section is [standard text].

LI/SL

Protected Objects Act 1975 (1975 No 41)
LocationAmendmentCode

Section 5(1)(b)

Delete “in the Gazette

–/SL

After section 5(2)

Insert:

(3)

A notice under this section is [standard text].

–/SL

Section 22

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Radio New Zealand Act 1995 (1995 No 52)
LocationAmendmentCode

After section 1(2)

Insert:

(3)

An order under this section is [standard text].

LI/SL

Television New Zealand Act 2003 (2003 No 1)
LocationAmendmentCode

After section 18(2)

Insert:

(3)

An order under this section is [standard text].

LI/SL

Section 29Q

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

After section 34(3)

Insert:

(4)

An order under this section is [standard text].

LI/SL

Schedule 8 Ministry for Primary Industries

s 3

Agricultural and Pastoral Societies Act 1908 (1908 No 4)
LocationAmendmentCode

After section 3(2)

Insert:

(3)

An order under this section is [standard text].

LI/SL

After section 17(2)

Insert:

(3)

An order under this section is [standard text].

LI/SL

Section 19

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

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

After section 1(2)

Insert:

(3)

An order under this section is [standard text].

LI/SL

Section 2(3)

Replace with:

(3)

An order under this section is [standard text].

LI/SL

Section 8B(5)

Replace with:

(5)

A determination under this section is [standard text].

–/SL

Section 44ZN(2)

Replace “section 76A(2) to (7)” with “section 76A(2) to (4B)

–/SL

Section 44ZN(3)

Replace with:

(3)

A notice under this section is [standard text].

–/SL

After section 75(4)

Insert:

(5)

Regulations under this section are [standard text].

(6)

If the regulations authorise the issuing or imposing of any specifications or other requirements under subsection (1A)(b),—

(a)

an instrument issuing or imposing those specifications or requirements is [standard text]; and

(b)

the regulations must contain a statement to that effect.

LI/SL

–/SL

After section 76A(4)

Insert:

Secondary legislation

(4A)

A notice under this section is [standard text], unless the notice applies only to 1 or more named persons.

(4B)

In addition to complying with the Legislation Act 2019, the Director-General must, if the Director-General considers it practicable, cause a notice that is secondary legislation to be brought to the attention of persons likely to be affected by it by notice or publication in any newspaper or trade journal, or by any other practicable means (including electronic means).

Other notices

(4C)

Subsections (5) to (7) apply if a notice is not secondary legislation.

–/SL

Section 76A(5)

Replace “Where a notice under this section affects only 1 person or a small number of persons, and the identity of those persons is known, the” with “The”

–/SL

Section 76A(5)(a)

After “notify the persons”, insert “affected by the notice”

–/SL

After section 81D(6)

Insert:

(7)

Regulations under this section are [standard text].

LI/SL

After section 81E(4)

Insert:

(5)

Regulations under this section—

(a)

are [standard text]; and

(b)

must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).

LI/SL

Section 81L

Repeal

N

Airports (Cost Recovery for Processing of International Travellers) Act 2014 (2014 No 3)
LocationAmendmentCode

After section 11(5)

Insert:

(6)

Regulations under this section are [standard text].

LI/SL

Animal Products Act 1999 (1999 No 93)
LocationAmendmentCode

After section 1(5)

Insert:

(6)

An order under this section is [standard text].

LI/SL

Section 4(1), definition of animal, paragraph (b)

Replace “by notice in the Gazette with “(see subsection (4))”

–/SL

Section 4(1), definition of primary processor, paragraph (d)

Replace “in the Gazette with “(see subsection (4))”

LI/SL

Section 4(4)

Replace with:

(4)

The following are [standard text]:

(a)

a declaration under paragraph (b) of the definition of animal in subsection (1):

(b)

a notice under paragraph (d) of the definition of primary processor in subsection (1).

–/SL

LI/SL

After section 9(5)

Insert:

(6)

An order under this section is [standard text].

LI/SL

After section 15(3)

Insert:

(4)

An order under this section is [standard text].

LI/SL

After section 17(5)

Insert:

(6)

A notice under section 167(2) in reliance on subsection (2) or (2A) of this section is [standard text].

XD/SL

After section 34A(3)

Insert:

(4)

Regulations under this section are [standard text].

(5)

If the regulations provide for the granting of exemptions under this section,—

(a)

the instrument granting an exemption is [standard text]; and

(b)

the regulations must contain a statement to that effect.

LI/SL

–/SL

After section 38(2)

Insert:

(3)

A notice under section 167(1) or (2) in reliance on subsection (2) of this section is [standard text].

–/SL

XD/SL

After section 40(3)

Insert:

(4)

Regulations under this section are [standard text].

LI/SL

Section 41(3)(a)

Repeal

XD/SL

Section 41(4)

Repeal

XD/SL

Section 41(5)(a)

Replace “notified or published in the Gazette with “published under the Legislation Act 2019”

XD/SL

Section 41(5)(b)

Replace “or notification in the Gazette with “under the Legislation Act 2019”

XD/SL

Section 41(5)(b)

Delete “in the Gazette in the second place where it appears

–/SL

Section 41(10)

Replace with:

(10)

The following are [standard text]:

(a)

an order under this section:

(b)

a notice under subsection (5)(b).

XD/SL

–/SL

After section 42(2)

Insert:

(3)

A notice under section 167(2) in reliance on subsection (2) of this section is [standard text].

XD/SL

After section 44(7)

Insert:

(8)

Regulations under this section are [standard text].

LI/SL

Section 46(3)(a)

Repeal

XD/SL

Section 46(4)

Repeal

XD/SL

Section 46(5)(a)

Replace “notified or published in the Gazette with “published under the Legislation Act 2019”

XD/SL

Section 46(5)(b)

Replace “or notification in the Gazette with “under the Legislation Act 2019”

XD/SL

Section 46(5)(b)

Delete “in the Gazette in the second place where it appears

–/SL

Section 46(10)

Replace with:

(10)

The following are [standard text]:

(a)

an order under this section:

(b)

a notice under subsection (5)(b).

XD/SL

–/SL

After section 48(2)

Insert:

(3)

A notice under section 167(2) in reliance on this section is [standard text], unless it applies only to 1 or more named persons.

XD/SL

After section 49(3)

Insert:

(4)

An order under this section is [standard text].

LI/SL

After section 50(1)

Insert:

(2)

A notice under section 167(1) in reliance on this section is [standard text], unless it applies only to 1 or more named persons.

XD/SL

Section 53

Insert:

(2)

A notice under section 167(1) in reliance on this section is [standard text].

XD/SL

After section 60(3)

Insert:

(4)

A notice under section 167(1) in reliance on this section is [standard text].

–/SL

Section 60A

Repeal.

–/SL

After section 60B(4)

Insert:

(5)

The following are [standard text]:

(a)

a notice under section 167(1) in reliance on this section, unless it applies only to 1 or more named persons:

(b)

regulations under subsection (3).

XD/SL

LI/SL

After section 63(4)

Insert:

(5)

A notice under section 167(1) in reliance on this section is [standard text].

XD/SL

Section 65B

Insert:

(2)

A notice under section 167(1) in reliance on this section is [standard text].

XD/SL

After section 65C(5)

Insert:

(6)

A notice under section 167(1) in reliance on subsection (4)(c) of this section is [standard text], unless it applies only to 1 or more named persons.

XD/SL

Section 65F

Insert:

(2)

A notice under section 167(1) in reliance on this section is [standard text].

XD/SL

After section 67(4)

Insert:

(5)

A notice under section 167(1) in reliance on subsection (2)(b)(ii) of this section is [standard text], unless it applies only to 1 or more named persons.

XD/SL

After section 68(3)

Insert:

(4)

A notice under section 167(1) in reliance on subsection (2)(b)(ii) of this section is [standard text], unless it applies only to 1 or more named persons.

XD/SL

After section 69(3)

Insert:

(4)

A notice under section 167(2) in reliance on subsection (1)(c) of this section is [standard text].

(5)

A notice under section 167(1) in reliance on subsection (3)(b) of this section is [standard text], unless it applies only to 1 or more named persons.

XD/SL

Section 74

Insert:

(2)

A notice under section 167(1) in reliance on this section is [standard text].

XD/SL

Section 77B

Insert:

(2)

A notice under section 167(1) in reliance on this section is [standard text].

XD/SL

After section 77C(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

Section 77D

Insert:

(2)

A notice under section 167(1) in reliance on this section is [standard text].

XD/SL

Section 77E

Insert:

(2)

A notice under section 167(1) in reliance on this section is [standard text].

XD/SL

After section 77F(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

After section 77H(3)

Insert:

(4)

The following are [standard text]:

(a)

regulations under subsection (1):

(b)

a notice under section 167(1) in reliance on subsection (2) of this section.

LI/SL

XD/SL

After section 79(5)

Insert:

(6)

A notice under section 167(1) or (2) in reliance on subsection (2A) of this section is [standard text].

XD/SL

After section 81A(4)

Insert:

(5)

A notice under section 167(1) in reliance on subsection (1) of this section is [standard text], unless it applies only to 1 or more named persons.

XD/SL

After section 93(3)

Insert:

(4)

A notice under section 167(1) in reliance on subsection (3)(a) of this section is [standard text].

XD/SL

After section 112Y(3)

Insert:

(4)

A notice under section 167(1) in reliance on subsection (1) of this section is [standard text], unless it applies only to 1 or more named persons.

XD/SL

After section 117(5)

Insert:

(6)

The following are [standard text]:

(a)

a notice under section 167(1) in reliance on subsection (4A) of this section:

(b)

regulations under this section.

LI/SL

XD/SL

After section 118(5)

Insert:

(6)

Regulations under this section—

(a)

are [standard text]; and

(b)

must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).

LI/SL

Section 121(3)

Replace with:

(3)

An exemption or a waiver granted under this section expires on the date specified in it, which must not be more than 5 years after—

(a)

the exemption or waiver is granted; or

(b)

if the instrument granting the exemption or waiver is secondary legislation, the instrument is published under the Legislation Act 2019.

(4)

If the regulations authorise the Director-General to grant an exemption, waiver, or refund under subsection (2),—

(a)

the instrument granting an exemption, waiver, or refund is [standard text], unless the instrument applies only to a particular case; and

(b)

the regulations must contain a statement to that effect.

–/SL

Section 125

Repeal

N

Section 125E

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Section 157

Insert:

(2)

Rules under subsection (1)(b) are [standard text].

(3)

As to rules referred to in subsection (1)(a), see section 228 of the District Court Act 2016, which provides that court rules are secondary legislation.

LI/SL

After section 158(5)

Insert:

(6)

A notice under section 167(1) in reliance on subsection (3) of this section is [standard text], unless it applies only to 1 or more named persons.

XD/SL

After section 164(1)

Insert:

Secondary legislation

(1A)

In addition to complying with the Legislation Act 2019, the Director-General must (if the Director-General considers it practicable) cause a notice that is secondary legislation to be brought to the attention of persons likely to be affected by it—

(a)

by a notice or publication in any newspaper or trade journal; or

(b)

by any other practicable means (including electronic means).

Other notices

(1B)

Subsections (2) to (4) apply if the notice is not secondary legislation.

–/SL

XD/SL

Section 164(2)

Replace “this section” with “this subsection”

–/SL

XD/SL

Heading to section 165

After etc, insert , that are not secondary legislation

N

After section 166(1)

Insert:

(2)

Regulations under this section are [standard text].

(3)

If the regulations permit the making of supplementary notices under subsection (1)(ob),—

(a)

those supplementary notices are [standard text]; and

(b)

the regulations must contain a statement to that effect.

LI/SL

XD/SL

After section 166A(3)

Insert:

(4)

If regulations under this Act authorise the Minister or Director-General to exercise any of the powers described in subsection (1)—

(a)

the instrument by which the power is exercised is [standard text], unless the instrument applies only to 1 or more named persons; and

(b)

the regulations must contain a statement to that effect.

–/SL

After section 167(7)

Insert:

(8)

A notice under this section is not secondary legislation unless it is stated to be secondary legislation by another provision of this Act.

–/SL

XD/SL

Section 167A

Repeal

–/SL

XD/SL

Section 168B

Replace with:

168B Application of Legislation Act 2019 to material incorporated by reference

Subpart 1 of Part 3 and section 114 of the Legislation Act 2019 do not apply to material that is incorporated by reference in an instrument made under section 168 merely because it is incorporated.

N

Schedule 1, after clause 1(6)

Insert:

(7)

A notice under section 167(1) in reliance on subclause (1) of this clause is [standard text].

XD/SL

Schedule 1, after clause 5(3)

Insert:

(4)

An order under this clause is [standard text].

LI/SL

Animal Products (Ancillary and Transitional Provisions) Act 1999 (1999 No 94)
LocationAmendmentCode

After section 22(7)

Insert:

(8)

An exemption under subsection (6) is [standard text], unless it applies only to a particular case.

–/SL

Animal Welfare Act 1999 (1999 No 142)
LocationAmendmentCode

Section 2(1), definition of animal, paragraph (a)(vii)

After “Order in Council”, insert “(see subsection (4))”

LI/SL

Section 2(1), definition of device

After “Order in Council”, insert “(see subsection (4))”

LI/SL

Section 2(1), definition of pest, paragraph (a)

Replace “in the Gazette with “(see subsection (4))”

–/SL

Section 2(1), definition of trap, paragraph (b)

After “Order in Council”, insert “(see subsection (4))”

LI/SL

Section 2(3)

Delete “published in the Gazette

–/SL

After section 2(3)

Insert:

(4)

The following are [standard text]:

(a)

an order under paragraph (a)(vii) of the definition of animal in subsection (1):

(b)

an order under the definition of device in subsection (1):

(c)

a notice under paragraph (a) of the definition of pest in subsection (1) (and a subsequent notice under subsection (3)):

(d)

an order under paragraph (b) of the definition of trap in subsection (1).

LI/SL

–/SL

Section 3(3)

Delete “in the Gazette

–/SL

After section 3(4)

Insert:

(5)

A notice under subsection (3) is [standard text].

–/SL

Section 6(7)

Replace with:

(7)

An order under this section is [standard text].

LI/SL

Section 7(2)

Replace “Legislation Act 2012” with “Legislation Act 2019”

N

Section 16(6)

Replace with:

(6)

An order under this section is [standard text].

LI/SL

Section 32(8)

Replace with:

(8)

An order under this section is [standard text].

LI/SL

Section 48(1)

Delete “in the Gazette

–/SL

Section 48(4)

Delete “published in the Gazette

–/SL

After section 48(4)

Insert:

(5)

A notice under this section is [standard text].

–/SL

Section 75(1)(a)

Delete “by a notice in the Gazette

XD/SL

Section 75(5)

Replace with:

(5)

A code of welfare under this section is [standard text].

XD/SL

Section 76(1)

Delete “in the Gazette

XD/SL

After section 76(1)

Insert:

(1A)

A notice under this section is [standard text].

XD/SL

Section 76(2)

Replace “under subsection (1)” with “under the Legislation Act 2019”

XD/SL

Section 77

Repeal

XD/SL

Section 79

Repeal

N

Section 156

Insert:

(2)

Rules under subsection (1)(b) are [standard text].

(3)

As to rules referred to in subsection (1)(a), see section 228 of the District Court Act 2016, which provides that court rules are secondary legislation.

LI/SL

Section 180

Insert:

(2)

An order under this section is [standard text].

LI/SL

After section 183(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

After section 183A(11)

Insert:

(12)

Regulations under this section are [standard text].

LI/SL

After section 183B(4)

Insert:

(5)

Regulations under this section are [standard text].

LI/SL

After section 183C(3)

Insert:

(4)

Regulations under this section are [standard text].

LI/SL

After section 200(5)

Insert:

(6)

An order under subsection (4) is [standard text].

LI/SL

Antarctic Marine Living Resources Act 1981 (1981 No 53)
LocationAmendmentCode

Section 17

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 (2004 No 109)
LocationAmendmentCode

After section 2(2)

Insert:

(3)

An order under this section is [standard text].

LI/SL

After section 55(3)

Insert:

(4)

Regulations under this section are [standard text].

LI/SL

Auckland Agricultural Pastoral and Industrial Shows Board Act 1972 (1972 No 4 (P))
LocationAmendmentCode

Section 9(3)

Delete “in the Gazette

–/SL

After section 9(3)

Insert:

(4)

A notice under this section is [standard text].

–/SL

Section 13

Insert:

(2)

A bylaw under this section is [standard text].

–/SL

Biosecurity Act 1993 (1993 No 95)
LocationAmendmentCode

After section 2(1)

Insert:

(2)

An order under paragraph (d) of the definition of organism in subsection (1) is [standard text].

LI/SL

Section 7D(3)

Repeal

LI/SL

After section 7D(4)

Insert:

(5)

Regulations under this section are [standard text].

LI/SL

After section 24A(3)

Insert:

(4)

A standard under this section—

(a)

is [standard text]; but

(b)

commences in accordance with subsection (2), even if it is not yet published.

–/SL

After section 24B(11)

Insert:

Secondary legislation

(12)

An amendment, revocation, suspension, or reinstatement of an import health standard—

(a)

is [standard text]; but

(b)

commences in accordance with section 24A(2), even if it is not yet published.

–/SL

Section 24C

Repeal

–/SL

After section 24G(2)

Insert:

(3)

A standard under this section—

(a)

is [standard text]; but

(b)

commences in accordance with subsection (2), even if it is not yet published.

–/SL

After section 24H(8)

Insert:

Secondary legislation

(9)

An amendment, revocation, suspension, or reinstatement of a craft risk management standard—

(a)

is [standard text]; but

(b)

commences in accordance with section 24G(2), even if it is not yet published.

–/SL

Section 24I

Repeal

–/SL

After section 37(10)

Insert:

(11)

If the Director-General approves a standard under subsection (10)(a), the Director-General must—

(a)

decide on the date on which the standard is to come into force; and

(b)

approve the standard with the date in it.

(12)

A standard under subsection (10)(a)—

(a)

is [standard text]; but

(b)

commences in accordance with subsection (11), even if it is not yet published.

–/SL

Section 39(1) and (1A)

Repeal

–/SL

Section 39(3)(b)

Replace “subsection (1)” with subsection (10)

–/SL

After section 39(9)

Insert:

Standards for transitional facilities

(10)

The Director-General may approve standards for building, maintaining, or operating transitional facilities.

(11)

The Director-General must consult the persons the Director-General considers representative of the classes of persons likely to have an interest in a proposed standard before approving the standard.

(12)

If the Director-General approves a standard, the Director-General must—

(a)

decide on the date on which the standard is to come into force; and

(b)

approve the standard with the date in it.

(13)

A standard under subsection (10)

(a)

is [standard text]; but

(b)

commences in accordance with subsection (12), even if it is not yet published.

–/SL

After section 45(5)

Insert:

(6)

An order under this section is [standard text].

LI/SL

Section 57(8)

Replace with:

(8)

As soon as practicable after the Governor-General in Council has approved the national policy direction, the Minister must send a copy of the direction to every management agency and regional council.

XD/SL

Section 57(9)

Replace with:

(9)

A national policy direction approved under subsection (7) is [standard text].

XD/SL

Section 58(2)(b) and (c)

Repeal

XD/SL

Section 58(4)

Replace with:

(4)

The following are [standard text]:

(a)

an amendment under subsection (1) or (2):

(b)

a replacement direction under subsection (3).

XD/SL

Section 66(2)

Replace with:

(2)

An order under this section is [standard text].

LI/SL

Section 67(7)

Repeal

XD/SL

Section 67(8)(e)

Repeal

XD/SL

Section 67(9)

Replace with:

(9)

The following are [standard text]:

(a)

an exemption under subsection (1) or (3) (which must specify the period of the exemption and be published together with the reasons):

(b)

an extension under subsection (8).

XD/SL

Section 86(2)

Replace with:

(2)

An order under this section is [standard text].

LI/SL

Section 87(9)

Repeal

XD/SL

Section 87(10)(e)

Repeal

XD/SL

Section 87(11)

Replace with:

(11)

The following are [standard text]:

(a)

an exemption under subsection (3) or (5) (which must specify the period of the exemption and be published together with the reasons):

(b)

an extension under subsection (10).

XD/SL

Section 100G(3)

Replace with:

(3)

An order under this section is [standard text].

LI/SL

Section 100L(7)

Replace with:

(7)

An order under this section—

(a)

is [standard text]; and

(b)

must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).

LI/SL

Section 100S

Repeal

N

Section 100ZB(9)

Replace with:

(9)

The order—

(a)

is [standard text]; and

(b)

must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).

LI/SL

Section 100ZH

Repeal

N

Section 121B(5)

Replace with:

(5)

An order under this section is [standard text].

LI/SL

Section 131(4)

Replace with:

(4)

A notice given under subsection (2) or (3) is [standard text]. (However, see also section 161A(4) of the Local Government Act 2002 if the notice is given by a management agency that is a council or territorial authority.)

(5)

If, under the Legislation Act 2019, the notice is not published,—

(a)

the chief technical officer or management agency may serve a copy of it on the persons (if any) who the chief technical officer or management agency considers appropriate; and

(b)

it comes into force in relation to that person immediately after it is served on that person or on a later time specified in the notice (even though it is not yet published).

(6)

Service may be done in any way the chief technical officer or management agency considers effective and appropriate.

–/SL

Section 137(2)

Replace with:

(2)

An order under this section—

(a)

is [standard text]; and

(b)

must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).

LI/SL

Section 138

Repeal

N

Section 140AA(6)

Replace with:

(6)

An order under this section is [standard text].

LI/SL

Section 142S(1)

Replace “Part 2 of the Legislation Act 2012 does” with “Sections 69 to 100 of the Legislation Act 2019 do”

N

Section 142S(2)

Replace with:

(2)

Subparts 1 and 2 of Part 5 of the Legislation Act 2019 apply to secondary legislation under this Act that incorporates material, but the requirement in section 114 of that Act does not apply to the material incorporated in the secondary legislation.

N

Section 146(7)

Replace “as provided in section 47 of the Legislation Act 2012” with “under Part 3 of the Legislation Act 2019 (and section 120(2) of that Act applies to the extension or revocation for that purpose)”

N

Section 150(4) and (5)

Replace with:

(4)

The following apply to biosecurity emergency regulations:

(a)

they are [standard text]:

(b)

they commence when the regulations are made or at a later time specified in the regulations, even if they are not yet published:

(c)

they must be presented to the House of Representatives no later than the second sitting day after they are made:

(d)

they must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).

LI/SL

Section 151

Repeal

N

After section 165(24)

Insert:

Regulations are secondary legislation

(25)

Regulations under this section are [standard text].

(26)

If regulations under subsection (12)(e) authorise the Director-General to waive or remit costs, in whole or in part,—

(a)

the instrument by which the power is exercised is [standard text], unless the instrument applies only to 1 or more named persons; and

(b)

the regulations must contain a statement to that effect.

LI/SL

–/SL

Section 165A

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Section 166(1)

Delete “in the Gazette

–/SL

After section 166(1)

Insert:

(2)

A notice under subsection (1) is [standard text].

–/SL

After section 166(4)

Insert:

(5)

If regulations made under this Act authorise the granting of an exemption under subsection (4)(b), (d), or (f),—

(a)

the instrument granting an exemption is [standard text]; and

(b)

the regulations must contain a statement to that effect.

–/SL

Biosecurity Law Reform Act 2012 (2012 No 73)
LocationAmendmentCode

After section 2(2)

Insert:

(3)

An order under subsection (1) is [standard text].

LI/SL

Section 92(3)

Replace with:

(3)

The order is [standard text].

LI/SL

Commodity Levies Act 1990 (1990 No 127)
LocationAmendmentCode

Section 2(4)

Repeal

LI/SL

Section 4

Insert:

(2)

An order under this section—

(a)

is [standard text]; and

(b)

must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).

LI/SL

Section 12

Replace with:

12 Minister must indicate whether orders to continue in force

(1)

The Minister on whose recommendation a levy order was made must indicate the Minister’s intentions with regard to the levy order continuing in force by publishing a notice in the Gazette at least 6 months before the deadline that applies under subpart 3 of Part 5 of the Legislation Act 2019 (the 6-month date).

(2)

However, subsection (1) does not apply if the levy order has already been revoked, disallowed under subpart 2 of Part 5 of the Legislation Act 2019, or confirmed by an Act before the 6-month date.

N

After section 13(4)

Insert:

(5)

An order under subsection (2)—

(a)

is [standard text]; and

(b)

must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).

LI/SL

Dairy Industry Restructuring Act 2001 (2001 No 51)
LocationAmendmentCode

After section 26(9)

Insert:

(10)

An order under this section is [standard text].

LI/SL

After section 28A(4)

Insert:

(5)

An order under this section is [standard text].

LI/SL

After section 29(6)

Insert:

(7)

An order under this section is [standard text].

LI/SL

Section 62

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

After section 63(7)

Insert:

(8)

Regulations under this section are [standard text].

LI/SL

Section 64

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Section 65

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

After section 65A(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

After section 96(2)

Insert:

(3)

An order under this section is [standard text].

LI/SL

Section 109B

Insert:

(2)

An order under this section is [standard text].

LI/SL

After section 109G(3)

Insert:

(4)

An order under this section is [standard text].

LI/SL

After section 109H(4)

Insert:

(5)

An order under this section is [standard text].

LI/SL

Section 115(1)(bc)(x)

Delete “in the Gazette

LI/SL

After section 115(3)

Insert:

(4)

Regulations under this section are [standard text].

(5)

If the regulations allow the prescribing of matters by notice under subsection (1)(bc)(x) or empower the fixing of a discount rate under subsection (1)(e),—

(a)

the notice prescribing the matters or the instrument fixing the rate is [standard text]; and

(b)

the regulations must contain a statement to that effect.

LI/SL

After section 116(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

Section 119

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

After section 134(10)

Insert:

(11)

Regulations under this section are [standard text].

LI/SL

Schedule 5E, clause 4(2)

Delete “in the Gazette

–/SL

Schedule 5E, after clause 4(3)

Insert:

(4)

A notice under this clause is [standard text].

–/SL

Schedule 5E, clause 6(2)

Delete “in the Gazette

–/SL

Schedule 5E, after clause 6(3)

Insert:

(4)

A notice under this clause is [standard text].

–/SL

Schedule 5E, clause 8

Replace with:

8 Application of Legislation Act 2019 to material incorporated by reference

Subpart 1 of Part 3 and section 114 of the Legislation Act 2019 do not apply to material that is incorporated by reference in a specified document merely because it is incorporated.

N

Fisheries Act 1996 (1996 No 88)
LocationAmendmentCode

After section 1(3)

Insert:

(4)

An order under this section is [standard text].

LI/SL

After section 2(4)

Insert:

(5)

An order under subsection (4) is [standard text].

LI/SL

Section 11(4)(b)(i)

Delete “in the Gazette

XD/SL

After section 11(5)

Insert:

(6)

A notice under subsection (4)(b)(i) is [standard text].

XD/SL

After section 13(10)

Insert:

(11)

An order under subsection (9) is [standard text].

LI/SL

After section 14(8)

Insert:

(9)

An order under subsection (8) is [standard text].

LI/SL

After section 14A(5)

Insert:

(6)

An order under this section is [standard text].

LI/SL

After section 14C(2)

Insert:

(3)

An order under this section is [standard text].

LI/SL

Section 15(5)

Delete “in the Gazette

LI/SL

After section 15(6)

Insert:

(7)

A notice under subsection (5) is [standard text].

LI/SL

Section 16(1)

Delete “in the Gazette

–/SL

After section 16(7)

Insert:

(8)

A notice under subsection (1) is [standard text].

–/SL

Section 17B(5)(b)(i)

Replace “in the Gazette with “in accordance with subsection (8)

LI/SL

After section 17B(7)

Insert:

(8)

A notice under subsection (5)(b) is [standard text].

LI/SL

Section 18

Delete “in the Gazette

LI/SL

Section 18

Insert:

(2)

A notice under this section is [standard text].

LI/SL

Section 19(5)(a)

Delete “in the Gazette

LI/SL

After section 19(7)

Insert:

(8)

The following are [standard text]:

(a)

a notice under subsection (5)(a):

(b)

an amendment under subsection (5)(c):

(c)

an amendment under subsection (5A).

LI/SL

After section 25(6)

Insert:

(7)

An order under this section is [standard text].

LI/SL

Section 33(b)

Delete “in the Gazette

LI/SL

Section 33

Insert:

(2)

A notice under subsection (1)(b) is [standard text].

LI/SL

Section 59(7)

After “Schedule 5”, insert “(see subsection (12))”

LI/SL

After section 59(11)

Insert:

(12)

An order under subsection (7) is [standard text].

LI/SL

After section 67B(3)

Insert:

(4)

An order under this section is [standard text].

LI/SL

After section 72(7)

Insert:

(8)

An order under subsection (7) is [standard text].

LI/SL

Section 74(7)

After “Order in Council”, insert “(see subsection (13))”

LI/SL

After section 74(12)

Insert:

(13)

An order under subsection (7)—

(a)

is [standard text]; and

(b)

must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).

LI/SL

Section 74A

Repeal

N

After section 77(6)

Insert:

(7)

An order under this section is [standard text].

LI/SL

Section 113ZD(3)

Delete “in the Gazette

LI/SL

After section 113ZD(5)

Insert:

(6)

A notice under subsection (3) is [standard text].

LI/SL

Section 186(3)(b)

Replace with:

(b)

the bylaws must be submitted to the Minister for approval:

–/SL

Section 186(3)(c)

Replace “the publication in the Gazette of bylaws purporting to have been approved under this subsection” with “publication of the bylaws in accordance with subsection (5)(a)

–/SL

After section 186(3)

Insert:

(4)

Regulations under this section are [standard text].

(5)

If the regulations empower the making of bylaws (whether under subsection (2)(d) or other legislation),—

(a)

the bylaws are [standard text]; and

(b)

the regulations must contain a statement to that effect.

(6)

The Legislation Act 2019 applies to bylaws of the kind described in subsection (2)(d) as if—

(a)

the Minister were the maker of the bylaws; and

(b)

the bylaws were made by the Minister approving them.

LI/SL

–/SL

Section 186A(1)

Delete “in the Gazette

LI/SL

After section 186A(9)

Insert:

(10)

A notice under this section is [standard text].

LI/SL

Section 186B(1)

Delete “in the Gazette

LI/SL

After section 186B(9)

Insert:

(10)

A notice under this section is [standard text].

LI/SL

Section 186Q(1)

Replace with:

(1)

The chief executive may grant an exemption for the purposes of section 186P(1)(b) as follows:

(a)

for an exemption granted only to 1 or more named persons, by notice in the Gazette:

(b)

for any other exemption, by notice published in accordance with subsection (9).

–/SL

Section 186Q(6)

Replace with:

(6)

The chief executive may amend, add, or revoke any term or condition in the exemption, or revoke the exemption, as follows:

(a)

for an exemption granted only to 1 or more named persons, by notice in the Gazette:

(b)

for any other exemption, by notice published in accordance with subsection (9).

–/SL

After section 186Q(8)

Insert:

(9)

A notice under subsection (1)(b) or (6)(b) is [standard text].

–/SL

After section 186ZC(4)

Insert:

(5)

An order under this section is [standard text].

LI/SL

After section 186ZR(3)

Insert:

(4)

Regulations under this section are [standard text].

LI/SL

Section 188(5)

Delete “in the Gazette or where appropriate by notice to an individual fisher or other person affected”

–/SL

Section 188(6)

Replace Gazette notice or the notice to the individual fisher or other person affected” with “notice”

–/SL

After section 188(6)

Insert:

(7)

A notice under subsection (5) is [standard text], unless it applies only to 1 or more named persons.

(8)

If the notice is not secondary legislation, the chief executive must give the notice to the persons to whom it applies.

–/SL

Section 188A(1)

Delete “in the Gazette

LI/SL

After section 188A(3)

Insert:

(4)

A notice under this section is [standard text].

LI/SL

Section 192A(2)

Delete “in the Gazette.

LI/SL

After section 192A(6)

Insert:

(7)

A notice under this section is [standard text].

LI/SL

Section 263(5)

Replace “Without limiting the Interpretation Act 1999, no” with “No”.

N

After section 263(5)

Insert:

(6)

A rule under this section is [standard text].

LI/SL

After section 264(3)

Insert:

(4)

An order under this section is [standard text].

LI/SL

Section 271(1)

Delete “in the Gazette

LI/SL

After section 271(2)

Insert:

(3)

A notice under this section is [standard text].

LI/SL

After section 296B(5)

Insert:

(6)

An order under this section is [standard text].

LI/SL

After section 296E(4)

Insert:

(5)

An order under this section is [standard text].

LI/SL

Section 296ZA

Insert:

(2)

Regulations under this section are [standard text].

(3)

If the regulations provide for the exemption of any class of persons under subsection (1)(f), or for the revocation of an exemption of any class of persons under subsection (1)(g),—

(a)

the instrument granting or revoking the exemption is [standard text]; and

(b)

the regulations must contain a statement to that effect.

LI/SL

–/SL

After section 296ZI(3)

Insert:

(4)

Regulations under this section are [standard text].

LI/SL

After section 297(3)

Insert:

(4)

Regulations under this section are [standard text].

(5)

If the regulations authorise the chief executive under subsection (1)(d) to require information,—

(a)

the instrument by which that requirement is imposed is [standard text], unless the instrument applies only to 1 or more named persons; and

(b)

the regulations must contain a statement to that effect.

(6)

If the regulations authorise the Minister or chief executive under subsection (2)(a) to issue or impose an authority, approval, requirement, prohibition, restriction, condition, direction, instruction, order, permit, notice, or circular,—

(a)

the instrument by which that is issued or imposed is [standard text]; and

(b)

the regulations must contain a statement to that effect.

LI/SL

–/SL

Section 298

Insert:

(2)

Regulations under this section are [standard text].

(3)

If the regulations authorise the Minister or chief executive under subsection (1)(d) to require a class of persons to provide information relating to fishing-related mortality,—

(a)

the instrument by which that requirement is imposed is [standard text]; and

(b)

the regulations must contain a statement to that effect.

LI/SL

–/SL

After section 299(3)

Insert:

(4)

Regulations under this section are [standard text].

LI/SL

Section 299A(2)

Replace with:

(2)

An order under this section is [standard text].

LI/SL

After section 300(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

Section 301

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

Section 303

Repeal

LI/SL

XD/SL

–/SL

N

Section 312(3)

Delete “in the Gazette

LI/SL

After section 312(4)

Insert:

(5)

A notice under subsection (3) is [standard text].

LI/SL

Section 313(1)

Delete “in the Gazette

LI/SL

After section 313(3)

Insert:

(4)

A notice under this section is [standard text].

LI/SL

Section 368(6)

Delete “in the Gazette

–/SL

After section 368(6)

Insert:

(7)

A notice under subsection (6) is [standard text].

–/SL

Section 368A(5) and (8)

Delete “in the Gazette

LI/SL

Section 368A(11)

Delete “in the Gazette or by individual written notice to any affected fisher or other person affected”

LI/SL

After section 368A(12)

Insert:

(13)

The following are [standard text]:

(a)

a notice under subsection (5) or (8):

(b)

a notice under subsection (11), unless it applies only to 1 or more named persons.

(14)

If a notice under subsection (11) is not secondary legislation, the chief executive must give the notice to the persons to whom it applies.

LI/SL

Section 369(6)

Delete “in the Gazette

–/SL

After section 369(7)

Insert:

(8)

A notice under subsection (6) is [standard text].

–/SL

After section 369L(2)

Insert:

(3)

An order under this section is [standard text].

LI/SL

Fisheries (Quota Operations Validation) Act 1997 (1997 No 31)
LocationAmendmentCode

After section 3(3)

Insert:

(4)

An order under this section is [standard text].

LI/SL

After section 9(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

Food Act 2014 (2014 No 32)
LocationAmendmentCode

After section 2(6)

Insert:

(7)

An order under this section is [standard text].

LI/SL

After section 8(3)

Insert:

(4)

An order under subsection (3) is [standard text].

LI/SL

After section 22(3)

Insert:

(4)

Regulations under this section are [standard text].

LI/SL

After section 32(2)

Insert:

(3)

Regulations under this section are [standard text].

LI/SL

After section 33(6)

Insert:

(7)

A notice issued under section 405 in reliance on this section is [standard text], unless the notice applies only to 1 or more named persons.

–/SL

After section 39(3)

Insert:

(4)

A notice issued under section 405 in reliance on this section is [standard text].

–/SL

After section 40(7)

Insert:

(8)

A notice issued under section 405 in reliance on this section is [standard text].

–/SL

After section 43(3)

Insert:

(4)

The following are [standard text]:

(a)

regulations under this section:

(b)

a notice issued under section 405 in reliance on subsection (3).

LI/SL

–/SL

After section 44(4)

Insert:

(5)

A notice issued under section 405 in reliance on this section is [standard text].

–/SL

After section 53(4)

Insert:

(5)

A notice issued under section 405 in reliance on subsection (4)(b) is [standard text], unless the notice applies only to 1 or more specified business.

–/SL

After section 76(3)

Insert:

(4)

The following are [standard text]:

(a)

regulations under this section:

(b)

a notice issued under section 405 in reliance on subsection (3).

LI/SL

–/SL

After section 103(4)

Insert:

(5)

Regulations under this section are [standard text].

(6)

If the regulations authorise the granting of exemptions under subsection (1)(b),—

(a)

the instrument granting an exemption is [standard text], unless the instrument applies only to 1 or more named persons; and

(b)

the regulations must contain a statement to that effect.

(7)

A notice issued under section 405 in reliance on subsection (4) is [standard text].

LI/SL

–/SL

XD/SL

After section 104(3)

Insert:

(4)

A notice issued under section 405 in reliance on this section is [standard text].

XD/SL

After section 133C(3)

Insert:

(4)

Regulations under this section are [standard text].

(5)

A notice issued under section 405 in reliance on subsection (3) is [standard text].

LI/SL

XD/SL

After section 133F(3)

Insert:

(4)

The following are [standard text]:

(a)

regulations under this section:

(b)

a notice issued under section 405 in reliance on subsection (3).

LI/SL

XD/SL

After section 170(3)

Insert:

(4)

A notice issued under section 405 in reliance on this section is [standard text].

–/SL

After section 174(2)

Insert:

(3)

A notice issued under section 405 in reliance on this section is [standard text].

–/SL

Section 203

Insert:

(2)

Regulations under this section are [standard text].

LI/SL

After section 204(8)

Insert:

(9)

Regulations under this section are [standard text].

LI/SL

After section 206(2)

Insert:

(3)

Regulations under this section are [standard text].