Military Manoeuvres Act Repeal Bill
Military Manoeuvres Act Repeal Bill
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Military Manoeuvres Act Repeal Bill
Military Manoeuvres Act Repeal Bill
Member's Bill
173—2
As reported from the Foreign Affairs, Defence and Trade Committee
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Kanwaljit Singh Bakshi
Military Manoeuvres Act Repeal Bill
Member's Bill
173—2
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Military Manoeuvres Act Repeal Act 2010.
2 Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3 Purpose
The purpose of this Act is to repeal the Military Manoeuvres Act 1915.
4 Act binds the Crown
This Act binds the Crown.
5 Repeal of Military Manoeuvres Act 1915
The Military Manoeuvres Act 1915 (1915 No 42) is repealed.
Legislative history | |
|---|---|
| 17 June 2010 | Introduction (Bill 173–1) |
| 8 September 2010 | First reading and referral to Foreign Affairs, Defence and Trade Committee |
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Military Manoeuvres Act Repeal Bill
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Commentary
Recommendation
The Foreign Affairs, Defence and Trade Committee has examined the Military Manoeuvres Act Repeal Bill and recommends that it be passed with the amendments shown.
Introduction
The Military Manoeuvres Act Repeal Bill is a member’s bill in the name of Kanwaljit Singh Bakshi. It seeks to repeal the Military Manoeuvres Act 1915. The Act, enacted specifically to deal with mobilisation for the First World War, provides that the Governor-General may, by proclamation, declare any land available for a period specified for military manoeuvres. As far as the New Zealand Defence Force has been able to ascertain, the Act has not been used for the last 30 years. We understand that no proclamations are in force, and there are no outstanding claims relating to past proclamations or military manoeuvres. Given these facts we believe that the repeal of the bill would not disadvantage the New Zealand Defence Force.
Our commentary covers the amendments we recommend to the bill.
Clause 3
We recommend deleting clause 3, which states that the purpose of the bill is to repeal the Military Manoeuvres Act 1915. Section 5 of the Interpretation Act 1999 requires the meaning of an enactment to be ascertained from its text and in light of its purpose. The bill’s purpose is clearly stated in its title and in clause 5, so clause 3 is redundant.
Clause 4
We recommend deleting clause 4, which provides that the Act binds the Crown. Clause 5, which would repeal the Military Manoeuvres Act 1915, would be spent immediately after the Military Manoeuvres Act Repeal Act came into force. As there are no other operative provisions in the bill, there would then be nothing in the Act for clause 4 to act upon. Clause 4 is therefore redundant.
Appendix
Committee process
The Military Manoeuvres Act Repeal Bill was referred to the committee on 8 September 2010.
We received advice from the New Zealand Defence Force and the Parliamentary Counsel Office.
Committee membership
John Hayes (Chairperson)
Jacqui Dean
Hone Harawira (non-voting member)
Hon Pete Hodgson
Dr Paul Hutchison
Keith Locke
Todd McClay
Hon Maryan Street
Phil Twyford