The following changes may be made under this subpart:
Updating language, references, and numbering
(a)
language that indicates or could be taken to indicate a particular gender may be changed to gender-neutral language so that it is consistent with current drafting practice, as long as it is also consistent with the purpose of the legislation being changed:
Examples
The word “he”
may be changed to “they”
, or replaced with the relevant noun.
The word “chairman”
may be changed to “chairperson”
.
The words “Her Majesty the Queen”
may be changed to “the Sovereign”
.
(b)
language to which section 16 applies may be changed to reflect the effect of section 16 (references to specific gender or kind of person include others):
(c)
a reference to the name or title of a body, an office, a person, a place, or a thing that has been changed may be replaced with a reference to the name or title as changed:
(d)
a reference to a body, an office, a person, a place, or a thing that has been replaced by another body, office, person, place, or thing may be changed to a reference to the replacement body, office, person, place, or thing:
(e)
the numbering, renumbering, and consequential amendments authorised by an Order in Council made under section 88:
Improving legislation to reflect current drafting practice
(f)
changes may be made to the way provisions are referred to, so as to be consistent with current drafting practice:
Example
“Schedule 1 to the Ombudsmen Act 1975”
may be changed to “Schedule 1 of the Ombudsmen Act 1975”
.
(g)
unnecessary referential words may be omitted:
(h)
changes may be made to words in the Māori language (te reo Māori) to reflect current orthographic conventions:
(i)
punctuation may be changed or omitted, or new punctuation inserted, so as to be consistent with current drafting practice:
(j)
conjunctives and disjunctives may be inserted, omitted, or changed so as to be consistent with current drafting practice:
(k)
changes may be made to the way numbers, dates, times, quantities, measurements, and similar matters, ideas, or concepts are referred to or expressed so as to be consistent with current drafting practice:
Example
A reference in a form to “this [blank] day of [blank] 19…”
may be changed to “[Date]”
.
Correcting obvious errors
(l)
obvious errors of the following kinds may be corrected:
(i)
typographical and clerical errors:
(ii)
grammatical and spelling errors, and errors of punctuation:
(iii)
errors in numbering, cross-referencing, and alphabetical ordering:
(iv)
errors in or arising out of an amendment, by other legislation, to the legislation being changed:
(v)
any other errors of a similar nature:
Examples
In the following provision, the word in bold can be omitted: “The board of a company may make offers on on one or more stock exchanges”
.
An Act consequentially repeals section 85(3) of another Act. The other Act does not contain a section 85, and it is obvious from the context that the intention was to repeal section 75(3). The error can be corrected.
An Act contains amendments to section 6 of another Act. Before the first Act comes into force, the other Act is amended so that section 6 is replaced by section 6A in substantially similar terms. Section 6A can be amended to reflect the intent of the amendments to section 6.
Changes to show effect of commencement, transition, amendments, and repeals
(m)
a reference to a method of setting or determining a date or time (for example, a commencement that is calculated on a specified number of months after Royal assent) may be replaced with an exact reference to that date or time (once it is set or determined):
Example
A commencement clause states that the Act commences 6 months after Royal assent. If Royal assent is on 1 March 2020, this statement can be replaced with a statement that the Act commences on 1 September 2020.
(n)
a provision in the nature of a transitional, savings, validation, or other similar provision that is contained in amending legislation may be incorporated as a provision of the legislation it amends, and all necessary consequential amendments may be made:
(o)
changes may be made to show the effect of any amendment or repeal, and changes may be made that are purely consequential on any amendment made, by other legislation, to the legislation being changed:
Example
The heading to a section may be changed to reflect the effect of an amendment to the section.
Changes to secondary legislation Titles
(p)
changes may be made to the Title of secondary legislation, so as to better identify the legislation or to distinguish it from other legislation:
Examples
The “Cat Notice”
can be changed to the “Cat Notice 2022”
, “Cat Notice (No 5) 2022”
, or “Cat Exemptions Notice 2022”
.
The “Exemptions Notice 2022”
, made under the Dogs and Cats Act 2020, can be changed to the “Dogs and Cats (Exemptions) Notice 2022”
.
Other consequential changes
(q)
changes may be made that are purely consequential on any other change authorised by this subpart.