Department of Justice (Restructuring) Act 1995

Reprint
as at 1 December 2004

Crest

Department of Justice (Restructuring) Act 1995

Public Act1995 No 39
Date of assent30 June 1995
Commencementsee section 1(2)
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Justice.

An Act to restructure the Department of Justice

1 Short Title and commencement
2 Interpretation

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

    document—

    • (a) includes a contract, deed, or conveyance; but

    • (b) does not include an enactment or any instrument appointing a person to a statutory office

    Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

    proceedings includes—

    • (a) an application to a court, tribunal, statutory board, or local authority; or

    • (b) the exercise of a statutory function or power pursuant to an enactment

    responsible department, in relation to any proceedings or to any document, means any department of State that, under an enactment or with the authority of the Prime Minister, is for the time being responsible for a function or matter to which the proceedings or the relevant provisions in the document relate

    responsible Minister, in relation to any proceedings or to any document, means any Minister of the Crown who, under an enactment or under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for a function or matter to which the proceedings or the relevant provisions in the document relate.

3 Amendments to references in documents to Minister of Justice, Secretary for Justice, and Department of Justice

  • (1) Unless in any case the context otherwise requires, and subject to the provisions of this Act,—

    • (a) every reference in any document made before 1 October 1995 to the Minister of Justice shall be read as a reference to the responsible Minister:

    • (b) every reference in any document made before 1 October 1995 to the Secretary for Justice or to the chief executive of the Department of Justice shall be read as a reference to the chief executive of the responsible department:

    • (c) every reference in any document to the Department of Justice shall be read as a reference to the responsible department.

    (2) The Minister may from time to time, for the purpose of providing guidance in relation to the provisions of any document or of any class of documents, make a statement indicating the identity of a responsible Minister or of a responsible department.

    (3) Any document to which a statement under subsection (2) relates shall, in the absence of proof to the contrary, be read in accordance with that statement.

4 Benefits of licences

  • (1) Notwithstanding any provision or rule of law, where a right or licence has been granted or assigned to the Crown for the purposes of the Department of Justice, the right or licence may, for the balance of the term, if any, of the right or licence, be exercised for the purposes of any department of State or of any division of a department of State, if the functions of that department or division consist principally of functions which, at the date of the grant or assignment of the right or licence, were the responsibility of the Department of Justice.

    (2) Notwithstanding any provision or rule of law, where a right or licence has been granted or assigned to the Crown for the purposes of a division of the Department of Justice, the right or licence may, for the balance of the term, if any, of the right or licence, be exercised for the purposes of any department of State or of any division of a department of State, if the functions of that department or division consist principally of functions which, at the date of the grant or assignment of the right or licence, were the responsibility of that division of the Department of Justice.

5 Establishment of Ministry of Justice

  • (1), (2) Amendment(s) incorporated in the Act(s).

    (3) The chief executive of the Ministry of Justice shall be known as the Secretary for Justice.

    (4) Notwithstanding section 35 of the State Sector Act 1988, but subject to section 6, the person employed, at the commencement of this section, as the chief executive of the Department of Justice shall by virtue of this section be employed as the chief executive of the Ministry of Justice as if the person's contract of employment as chief executive of the Department of Justice required the person to hold, for the term of the contract, both the position of chief executive of the Department of Justice and the position of chief executive of the Ministry of Justice.

    (5) This section shall come into force on 1 October 1995.

6 Abolition of Department of Justice

  • (1) The Department of Justice is hereby abolished.

    (2), (3) Amendment(s) incorporated in the Act(s).

    (4) This section shall come into force on a date to be appointed by Order in Council.

7 Application of collective employment contracts

  • Where any employees of the Department of Justice whose conditions of employment are governed by an unexpired collective employment contract are transferred (in circumstances to which section 61B of the State Sector Act 1988 applies) to any department specified in Schedule 1 of the State Sector Act 1988, the unexpired collective employment contract shall be deemed, as from the date of the transfer of those employees, to continue to apply on the same terms (including the period of the contract and any terms relating to new employees)—

    • (a) as if it were a contract that had been made in respect of the department to which those employees are transferred; and

    • (b) as if it were binding on both those employees and on the chief executive of the department to which those employees are transferred.

8 Transfer of employees to other departments of the Public Service

  • Except as otherwise provided in any employment contract, no employee of the Department of Justice who is transferred to any department specified in Schedule 1 of the State Sector Act 1988 (in circumstances to which section 61B of the State Sector Act applies) shall be entitled to receive any payment or other benefit merely because he or she has ceased by virtue of the transfer to be an employee of the Department of Justice.

9 Continuation of existing proceedings

  • (1) Where, before the commencement of this Act, the Minister of Justice has, in his capacity as Minister of Justice, initiated or become a party to any proceedings, the proceedings may be continued, completed, and enforced by or against the responsible Minister.

    (2) Where, before the commencement of this Act, the Secretary for Justice has, in his capacity as Secretary for Justice, initiated or become a party to any proceedings, the proceedings may be continued, completed, and enforced by or against the chief executive of the responsible department.

10 Consequential amendments

  • (1) The enactments specified in Schedule 1 are hereby amended in the manner indicated in that schedule.

    (2) Amendment(s) incorporated in the Act(s).

    (3) The enactments specified in Schedule 2 are hereby amended in the manner indicated in that schedule.

    (4) Subsection (3), and Schedule 2, shall come into force on 1 October 1995.

11 Consequential amendments to Privacy Act 1993

  • (1) [Repealed]

    (2), (3) Amendment(s) incorporated in the Act(s).

    (4) Subsection (1), and Schedule 3, are hereby consequentially repealed.

    (5) Subsections (3) and (4) shall come into force on 1 October 1995.

    Section 11(1): repealed, on 1 October 1995, by section 11(4).

12 Consequential amendments to regulations

  • (1) The regulations specified in Schedule 5  are hereby amended in the manner indicated in that schedule.

    (2) The regulations specified in Schedule 6  are hereby amended in the manner indicated in that schedule.

    (3) The amendment by this section of the regulations specified in Schedule 5 or Schedule 6  shall be without prejudice to any power of amending or revoking those regulations.

    (4) The Governor-General may from time to time, by Order in Council, consequentially revoke Schedule 5 or Schedule 6  or any part of either of those schedules.

    (5) Subsection (2), and Schedule 6, shall come into force on 1 October 1995.

13 Repeals

  • (1) The enactments specified in Schedule 7 are hereby consequentially repealed.

    (2) This section, and Schedule 7, shall come into force on 1 October 1995.

Schedule 1
Enactments amended

s 10(1)

(as from the commencement of 1 July 1995)
Child Support Act 1991 (1991 No 142)

Amendment(s) incorporated in the Act(s).

Contraception, Sterilisation, and Abortion Act 1977 (1977 No 112) (RS Vol 28, p 1)

Amendment(s) incorporated in the Act(s).

Coroners Act 1988 (1988 No 111)

Amendment(s) incorporated in the Act(s).

Costs in Criminal Cases Act 1967 (1967 No 129) (RS Vol 18, p 77)

Amendment(s) incorporated in the Act(s).

Crimes Act 1961 (1961 No 43) (RS Vol 1, p 635)

Amendment(s) incorporated in the Act(s).

Disputes Tribunals Act 1988 (1988 No 110)

Amendment(s) incorporated in the Act(s).

District Courts Act 1947 (1947 No 16) (RS Vol 28, p 57)

Amendment(s) incorporated in the Act(s).

Domestic Protection Act 1982 (1982 No 120) (RS Vol 28, p 175)

Amendment(s) incorporated in the Act(s).

Education Act 1989 (1989 No 80)

Amendment(s) incorporated in the Act(s).

Family Courts Act 1980 (1980 No 161) (RS Vol 28, p 537)

Amendment(s) incorporated in the Act(s).

Family Proceedings Act 1980 (1980 No 94) (RS Vol 28, p 545)

Amendment(s) incorporated in the Act(s).

Guardianship Act 1968 (1968 No 63) (RS Vol 9, p 147)

Amendment(s) incorporated in the Act(s).

Guardianship Amendment Act 1991 (1991 No 19)

Amendment(s) incorporated in the Act(s).

Health and Safety in Employment Act 1992 (1992 No 96)

Amendment(s) incorporated in the Act(s).

Immigration Act 1987 (1987 No 74)

Amendment(s) incorporated in the Act(s).

Judicature Act 1908 (1908 No 89) (RS Vol 22, p 107)

Amendment(s) incorporated in the Act(s).

Law Practitioners Act 1982 (1982 No 123)

Amendment(s) incorporated in the Act(s).

Legal Services Act 1991 (1991 No 71)

Amendment(s) incorporated in the Act(s).

Matrimonial Property Act 1976 (1976 No 166) (RS Vol 26, p 491)

Amendment(s) incorporated in the Act(s).

Motor Vehicle Dealers Act 1975 (1975 No 127) (RS Vol 5, p 749)

Amendment(s) incorporated in the Act(s).

Ombudsmen Act 1975 (1975 No 9) (RS Vol 21, p 657)

Amendment(s) incorporated in the Act(s).

Privacy Act 1993 (1993 No 28)

Amendment(s) incorporated in the Act(s).

Private Investigators and Security Guards Act 1974 (1974 No 48) (RS Vol 24, p 633)

Amendment(s) incorporated in the Act(s).

Protection of Personal and Property Rights Act 1988 (1988 No 4)

Amendment(s) incorporated in the Act(s).

Residential Tenancies Act 1986 (1986 No 120)

Amendment(s) incorporated in the Act(s).

Resource Management Act 1991 (1991 No 69) (RS Vol 32, p 131)

Amendment(s) incorporated in the Act(s).

Social Security Act 1964 (1964 No 136) (RS Vol 32, p 625)

Amendment(s) incorporated in the Act(s).

Transport Act 1962 (1962 No 135) (RS Vol 16, p 659)

Amendment(s) incorporated in the Act(s).

Treaty of Waitangi Act 1975 (1975 No 114) (RS Vol 8, p 877)

Amendment(s) incorporated in the Act(s).

Wild Animal Control Act 1977 (1977 No 111)

Amendment(s) incorporated in the Act(s).

Schedule 2
Enactments amended

s 10(3)

(as from the commencement of 1 October 1995)
Accident Rehabilitation and Compensation Insurance Act 1992 (1992 No 13)

Amendment(s) incorporated in the Act(s).

Alcoholism and Drug Addiction Act 1966 (1966 No 97) (RS Vol 17, p 13)

Amendment(s) incorporated in the Act(s).

Archives Act 1957 (1957 No 13) (RS Vol 1, p 127)

Amendment(s) incorporated in the Act(s).

Auctioneers Act 1928 (1928 No 29) (RS Vol 1, p 245)

Amendment(s) incorporated in the Act(s).

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

Amendment(s) incorporated in the Act(s).

Building Societies Act 1965 (1965 No 22) (RS Vol 17, p 41)

Amendment(s) incorporated in the Act(s).

Chateau Companies Act 1977 (1977 No 4)

Amendment(s) incorporated in the Act(s).

Commodity Levies Act 1990 (1990 No 127)

Amendment(s) incorporated in the Act(s).

Companies Act 1955 (1955 No 63) (RS Vol 15, p 89)

Amendment(s) incorporated in the Act(s).

Companies Act 1993 (1993 No 105)

Amendment(s) incorporated in the Act(s).

Co-operative Companies Act 1956 (1956 No 18) (RS Vol 1, p 545)

Amendment(s) incorporated in the Act(s).

Co-operative Dairy Companies Act 1949 (1949 No 22) (RS Vol 1, p 553)

Amendment(s) incorporated in the Act(s).

Co-operative Forestry Companies Act 1978 (1978 No 78) (RS Vol 31, p 187)

Amendment(s) incorporated in the Act(s).

Co-operative Freezing Companies Act 1960 (1960 No 103) (RS Vol 6, p 81)

Amendment(s) incorporated in the Act(s).

Copyright Act 1994 (1994 No 143)

Amendment(s) incorporated in the Act(s).

Corporations (Investigation and Management) Act 1989 (1989 No 11)

Amendment(s) incorporated in the Act(s).

Criminal Justice Act 1985 (1985 No 120)

Amendment(s) incorporated in the Act(s).

Finance Act (No 2) 1990 (1990 No 73)

Amendment(s) incorporated in the Act(s).

Financial Reporting Act 1993 (1993 No 106)

Amendment(s) incorporated in the Act(s).

Goods and Services Act 1985 (1985 No 141) (RS Vol 27, p 425)

Amendment(s) incorporated in the Act(s).

Government Superannuation Fund Act 1956 (1956 No 47) (RS Vol 21, p 209)

Amendment(s) incorporated in the Act(s).

Government Superannuation Fund Amendment Act 1962 (1962 No 130) (RS Vol 21, p 427)

Amendment(s) incorporated in the Act(s).

Hire Purchase Act 1971 (1971 No 147) (RS Vol 23, p 509)

Amendment(s) incorporated in the Act(s).

Hotel Association of New Zealand Act 1969 (1969 No 139) (RS Vol 18, p 215)

Amendment(s) incorporated in the Act(s).

Human Rights Act 1993 (1993 No 82)

Amendment(s) incorporated in the Act(s).

Incorporated Societies Act 1908 (1908 No 212) (RS Vol 7, p 383)

Amendment(s) incorporated in the Act(s).

Industrial and Provident Societies Act 1908 (1908 No 81) (RS Vol 7, p 407)

Amendment(s) incorporated in the Act(s).

Insolvency Act 1967 (1967 No 54) (RS Vol 18, p 289)

Amendment(s) incorporated in the Act(s).

Insurance Companies' Deposits Act 1953 (1953 No 50) (RS Vol 7, p 475)

Amendment(s) incorporated in the Act(s).

Insurance Companies (Ratings and Inspections) Act 1994 (1994 No 117)

Amendment(s) incorporated in the Act(s).

Juries Act 1981 (1981 No 23)

Amendment(s) incorporated in the Act(s).

Licensing Fund Act 1989 (1989 No 61)

Amendment(s) incorporated in the Act(s).

Life Insurance Act 1908 (1908 No 105) (RS Vol 6, p 773)

Amendment(s) incorporated in the Act(s).

Marriage Act 1955 (1955 No 92) (RS Vol 10, p 39)

Amendment(s) incorporated in the Act(s).

Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46)

Amendment(s) incorporated in the Act(s).

Misuse of Drugs Amendment Act 1978 (1978 No 65) (RS Vol 26, p 618)

Amendment(s) incorporated in the Act(s).

Motor Vehicles Securities Act 1989 (1989 No 14)

Amendment(s) incorporated in the Act(s).

Mutual Insurance Act 1955 (1955 No 23) (RS Vol 10, p 247)

Amendment(s) incorporated in the Act(s).

Official Information Act 1982 (1982 No 156) (RS Vol 21, p 579)

Amendment(s) incorporated in the Act(s).

Ombudsmen Act 1975 (1975 No 9) (RS Vol 21, p 657)

Amendment(s) incorporated in the Act(s).

Penal Institutions Act 1954 (1954 No 51) (RS Vol 18, p 557)

Amendment(s) incorporated in the Act(s).

Pork Industry Board Act 1982 (1982 No 138)

Amendment(s) incorporated in the Act(s).

Privacy Act 1993 (1993 No 28)

Amendment(s) incorporated in the Act(s).

Public Service Investment Society Management Act (No 2) 1979 (1979 No 9)

Amendment(s) incorporated in the Act(s).

Sale of Liquor Act 1989 (1989 No 63)

Amendment(s) incorporated in the Act(s).

Securities Act 1978 (1978 No 103) (RS Vol 15, p 533)

Amendment(s) incorporated in the Act(s).

Securities Transfer Act 1991 (1991 No 119)

Amendment(s) incorporated in the Act(s).

Sharebrokers Act 1908 (1908 No 176) (RS Vol 11, p 337)

Amendment(s) incorporated in the Act(s).

Sharebrokers Amendment Act 1981 (1981 No 43) (RS Vol 11, p 344)

Amendment(s) incorporated in the Act(s).

Takeovers Act 1993 (1993 No 107)

Amendment(s) incorporated in the Act(s).

Te Ture Whenua Maori Act 1993 (1993 No 4)

Amendment(s) incorporated in the Act(s).

Trustee Companies Act 1967 (1967 No 35) (RS Vol 18, p 901)

Amendment(s) incorporated in the Act(s).

Trustees Companies Management Act 1975 (1975 No 25) (RS Vol 26, p 827)

Amendment(s) incorporated in the Act(s).

Unit Trusts Act 1960 (1960 No 99) (RS Vol 10, p 953)

Amendment(s) incorporated in the Act(s).

Victims of Offences Act 1987 (1987 No 173)

Amendment(s) incorporated in the Act(s).

Schedule 3
New Schedule 5 of Privacy Act 1993

s 11(1)

[Repealed]

Schedule 4
New Schedule 5 of Privacy Act 1993

s 11(3)

(effective on and after 1 October 1995)

Amendment(s) incorporated in the Act(s).

Schedule 5
Amendments to regulations consequential on establishment of Department for Courts

s 12(1)

(as from the commencement of 1 July 1995)
Children, Young Persons, and Their Families Rules 1989 (SR 1989/295)

Amendment(s) incorporated in the rules.

Complaints Review Tribunal Regulations (No 2) 1993 (SR 1993/392)

Amendment(s) incorporated in the regulations.

Coroners Regulations 1989 (SR 1989/110)

Amendment(s) incorporated in the regulations.

Costs in Criminal Cases Regulations 1987 (SR 1987/200)

Amendment(s) incorporated in the regulations.

District Courts Rules 1992 (SR 1992/109)

Amendment(s) incorporated in the rules.

Family Proceedings Rules 1981 (SR 1981/261)

Amendment(s) incorporated in the rules.

Jury Rules 1990 (SR 1990/226)

Amendment(s) incorporated in the rules.

Legal Aid Districts Notice 1970 (SR 1970/54)

Amendment(s) incorporated in the notice(s).

Private Investigators and Security Guards Regulations 1975 (SR 1975/188)

Amendment(s) incorporated in the regulations.

Protection of Personal and Property Rights Rules 1988 (SR 1988/213)

Amendment(s) incorporated in the rules.

Residential Tenancies Rules 1987 (SR 1987/7)

Amendment(s) incorporated in the rules.

Resource Management (Forms) Regulations 1991 (SR 1991/170)

Amendment(s) incorporated in the regulations.

Traffic Regulations 1976 (SR 1976/227)

Amendment(s) incorporated in the regulations.

Witnesses and Interpreters Fees Regulations 1974 (SR 1974/124)

Amendment(s) incorporated in the regulations.

Schedule 6
Amendments to regulations consequential on establishment of Department of Corrections and transfer of administration of Insolvency Act 1967

s 12(2)

(as from the commencement of 1 October 1995)
Arms Regulations 1992 (SR 1992/346)

Amendment(s) incorporated in the regulations.

Criminal Appeal Rules 1946 (SR 1946/94)

Amendment(s) incorporated in the rules.

Insolvency Regulations 1970 (SR 1970/260)

Amendment(s) incorporated in the regulations.

Insolvency Rules 1970 (SR 1970/245)

Amendment(s) incorporated in the rules.

Penal Institutions (Manawatu Youth Institution) Notice 1986 (SR 1986/301)

Amendment(s) incorporated in the notice(s).

Penal Institutions Notice 1955 (SR 1955/209)

Amendment(s) incorporated in the notice(s).

Penal Institutions Notice (No 2) 1958 (SR 1958/198)

Amendment(s) incorporated in the notice(s).

Penal Institutions Notice (No 3) 1959 (SR 1959/209)

Amendment(s) incorporated in the notice(s).

Penal Institutions Notice (No 2) 1961 (SR 1961/91)

Amendment(s) incorporated in the notice(s).

Penal Institutions Notice (No 2) 1972 (SR 1972/157)

Amendment(s) incorporated in the notice(s).

Penal Institutions Notice 1974 (SR 1974/207)

Amendment(s) incorporated in the notice(s).

Penal Institutions Notice (No 2) 1981 (SR 1981/92)

Amendment(s) incorporated in the notice(s).

Penal Institutions Notice 1984 (SR 1984/106)

Amendment(s) incorporated in the notice(s).

Penal Institutions Notice 1986 (SR 1986/203)

Amendment(s) incorporated in the notice(s).

Penal Institutions Notice (No 2) 1986 (SR 1986/318)

Amendment(s) incorporated in the notice(s).

Penal Institutions Notice 1989 (SR 1989/274)

Amendment(s) incorporated in the notice(s).

Penal Institutions Regulations 1961 (SR 1961/161)

Amendment(s) incorporated in the regulations.

Proclamation made under the Prisons Act 1908 and published in the Gazette on 17 July 1924 (Gazette 1924, p 1664)

By omitting from the Proclamation the words “Prisons Department”, and substituting the words “Department of Corrections”.

Reporting Centre (Geddes Road) Notice 1982 (SR 1982/129)

Amendment(s) incorporated in the notice(s).

Reporting Centres (Hokitika and Westport) Notice 1993 (SR 1993/89)

Amendment(s) incorporated in the notice(s).

Reporting Centre (Newsome Street) Notice 1992 (SR 1992/250)

Amendment(s) incorporated in the notice(s).

Reporting Centre (Picton) Notice 1990 (SR 1990/363)

Amendment(s) incorporated in the notice(s).

Reporting Centre (Te Puke) Notice 1990 (SR 1990/364)

Amendment(s) incorporated in the notice(s).

Reporting Centres Notice 1984 (SR 1984/107)

Amendment(s) incorporated in the notice(s).

Reporting Centres Notice 1985 (SR 1985/25)

Amendment(s) incorporated in the notice(s).

Reporting Centres Notice 1986 (SR 1986/193)

Amendment(s) incorporated in the notice(s).

Reporting Centres Notice 1989 (SR 1989/169)

Amendment(s) incorporated in the notice(s).

Work Centre (Holmes Road) Notice 1991 (SR 1991/235)

Amendment(s) incorporated in the notice(s).

Work Centre (Leach Street) Notice 1992 (SR 1992/169)

Amendment(s) incorporated in the notice(s).

Work Centre (Liddel Street) Notice 1982 (SR 1982/190)

Amendment(s) incorporated in the notice(s).

Work Centre (Pitt Street) Notice 1990 (SR 1990/100)

Amendment(s) incorporated in the notice(s).

Work Centres Notice 1975 (SR 1975/254)

Amendment(s) incorporated in the notice(s).

Work Centres Notice 1976 (SR 1976/58)

Amendment(s) incorporated in the notice(s).

Work Centres Notice (No 2) 1976 (SR 1976/158)

Amendment(s) incorporated in the notice(s).

Work Centres Notice 1982 (SR 1982/122)

Amendment(s) incorporated in the notice(s).

Work Centres Notice (No 3) 1984 (SR 1984/286)

Amendment(s) incorporated in the notice(s).

Schedule 7
Enactments repealed

s 10(4)

(as from the commencement of 1 October 1995)
Auctioneers Amendment Act 1957 (1957 No 11) (RS Vol 1, p 264)

Amendment(s) incorporated in the Act(s).

Co-operative Dairy Companies Amendment Act 1950 (1950 No 45) (RS Vol 1, p 608)

Amendment(s) incorporated in the Act(s).

Life Insurance Amendment Act 1972 (1972 No 78) (RS Vol 6, p 839)
Mutual Insurance Amendment Act 1977 (1977 No 74) (RS Vol 10, p 282)

Amendment(s) incorporated in the Act(s).

Penal Institutions Amendment Act 1993 (1993 No 30)
Sharebrokers Amendment Act 1952 (1952 No 21) (RS Vol 11, p 343)

Amendment(s) incorporated in the Act(s).

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Department of Justice (Restructuring) Act 1995. It incorporates all the amendments to the Act as at 1 December 2004, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)