34A Governor-General may make ordinary rules

(1)

Despite anything in this Part, the Governor-General may, by Order in Council, on the recommendation of the Minister, make, amend, or revoke an ordinary rule for any of the purposes for which the Minister may make, amend, or revoke an ordinary rule under this Part.

(2)

The Minister must have regard to the criteria specified in section 33(2) before making a recommendation under subsection (1).

(3)

Sections 32(1)(a) and 34(1) do not apply to an ordinary rule made by Order in Council under subsection (1).

(4)

[Repealed]

(5)

The Minister may amend or revoke an ordinary rule or an amendment to an ordinary rule made by Order in Council under subsection (1) as if the Minister had made the ordinary rule or the amendment to the ordinary rule under this Part.

(6)

An order under this section—

(a)

is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and

(b)

is not to be drafted by the PCO under section 67(d)(i) of that Act.

(7)

If, under the Legislation Act 2019, the order is not required to be published, the Minister must serve a copy of it on the persons (if any) whom the Minister considers appropriate.

(8)

An order to which subsection (7) applies—

(a)

has effect only in relation to a person on whom it is served under subsection (7); and

(b)

comes into force in relation to that person immediately after it is served on the person (even though it is not published).

(9)

Service under subsection (7) may be effected in any way the Minister considers appropriate.

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationThe maker must: LA19 ss 73, 74(1)(a), Sch 1 cl 14
• notify it in the Gazette with a statement of where it is available for inspection and purchase
• make it available for inspection free of charge
• make it available for sale at a reasonable price
However, that requirement does not apply if for reasons of security it is inappropriate to notify the secondary legislation. In that case, the maker must serve copies of it in accordance with subsections (7) to (9)
The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP. As a result the maker may also have to comply with s 75 of the Legislation Act 2019LA19 ss 74(2), 75
PresentationThe Minister must present it to the House of Representatives, unless the exemption in Schedule 3 of the Legislation Act 2019 applies LA19 s 114, Sch 3
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 34A: inserted, on 1 August 2010, by section 8 of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42).

Section 34A(4): repealed, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 34A(6): replaced, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 34A(7): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 34A(8): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 34A(9): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).