This Bill's purpose is to prevent the lapse (expiry or deemed revocation) of certain subordinate legislation that, by virtue of the Acts under which it is made, lapses at a stated time unless earlier confirmed or validated by Act of Parliament.

Clause by clause analysis

Clause 1 states the Title the Bill will have when enacted.

Clause 2 provides that the Bill, when enacted, comes into force on the day after the date on which it receives the Royal assent.

Part 1
General and technical provisions

Clause 3 states the purpose of the Bill when enacted. Most subordinate legislation is confirmed, but the orders in clauses 10, 11, and 12 are validated and confirmed because the Acts under which they are made provide that they expire at a stated time unless earlier validated and confirmed. However, in the light of their purpose (to prevent expiry), the effect of the validations is limited by clause 4.

Clause 4 ensures, in the light of their purpose, which is only to prevent expiry of the orders validated, that the validations effected by clauses 10, 11, and 12 do not also cure any invalidity.

Clause 5 ensures that the Bill, when enacted, binds the Crown.

Clause 6 repeals the Subordinate Legislation (Confirmation and Validation) Act 2010, which is now spent.

Part 2
Confirmations and validations

Clause 7 confirms 2 orders under the Commodity Levies Act 1990.

Clause 8 confirms 6 orders under the Customs and Excise Act 1996.

Clause 9 confirms regulations under the Land Transport Act 1998.

Clause 10 validates and confirms an order made under the New Zealand Superannuation and Retirement Income Act 2001 and the Social Security Act 1964.

Clause 11 validates and confirms an order under the Tariff Act 1988.

Clause 12 validates and confirms an order under the War Pensions Act 1954.

Clause 13 confirms an order under the Wine Act 2003.

Hon Simon Power

Subordinate Legislation (Confirmation and Validation) Bill (No 3)

Government Bill

311—1

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Subordinate Legislation (Confirmation and Validation) Act (No 3) 2011.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

Part 1
General and technical provisions

3 Purpose of this Act

The purpose of this Act is to prevent the lapse (expiry or deemed revocation) of certain subordinate legislation that, by virtue of the Acts under which it is made, lapses at a stated time unless earlier confirmed or validated by Act of Parliament.

4 Validations to prevent expiry do not cure invalidity, etc

In the light of their purpose, the validations effected by sections 10, 11, and 12 do not—
- (a) express an intention to give legislative force to the provisions of the enactments validated; or
- (b) apply to any reason for invalidating any of those enactments; or
- (c) override any presumption that would otherwise apply to any of those enactments.

5 Act binds the Crown

This Act binds the Crown.

6 Repeal

The Subordinate Legislation (Confirmation and Validation) Act 2010 (2010 No 127) is repealed.

Part 2
Confirmations and validations

7 Commodity Levies Act 1990

The following orders are confirmed:
- (a) Commodity Levies (Eggs) Order 2010 (SR 2010/391):
- (b) Commodity Levies (Tamarillos) Order 2010 (SR 2010/459).

8 Customs and Excise Act 1996

The following orders are confirmed:
- (a) Customs Import Prohibition (Trout) Order 2010 (SR 2010/357):
- (b) Customs Export Prohibition (Livestock for Slaughter) Order 2010 (SR 2010/396):
- (c) Excise and Excise-equivalent Duties (Tobacco Products Indexation and Separate 10% Increase) Amendment Order 2010:
- (d) Excise and Excise-equivalent Duties Table (Alcoholic Beverages Indexation) Amendment Order 2011:
- (e) Customs Export Prohibition Order 2011 (SR 2011/235):
- (f) Customs Import Prohibition Order 2011 (SR 2011/236).

9 Land Transport Act 1998

The Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011 (SR 2011/79) are confirmed.

10 New Zealand Superannuation and Retirement Income Act 2001 and Social Security Act 1964

The Social Security (Rates of Benefits and Allowances) Order 2011 (SR 2011/16) is validated and confirmed.

11 Tariff Act 1988

The Tariff (New Zealand–Hong Kong, China Closer Economic Partnership Agreement) Amendment Order 2010 is validated and confirmed.

12 War Pensions Act 1954

The War Pensions (Rates of Pensions, Lump Sum Payments, and Allowances) Order 2011 (SR 2011/11) is validated and confirmed.

13 Wine Act 2003

The Wine (Grape Wine Levy) Order 2010 (SR 2010/460) is confirmed.

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Subordinate Legislation (Confirmation and Validation) Bill (No 3)