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Hon David Parker
Legislation Bill
Government Bill
275—3
Contents
Bill note
Key
1
Title
2
Commencement
Part 1
Preliminary provisions
3
Purpose of this Act
4
Overview of this Act
5
Interpretation
6
Transitional, savings, and related provisions
7
Act binds the Crown
Part 2
Interpretation and application of legislation
Purposes and application
8
Purposes of this Part
9
Application of this Part
General principles of interpretation
10
How to ascertain meaning of legislation
11
Legislation applies to circumstances as they arise
12
Legislation does not have retrospective effect
General definitions and interpretation provisions
13
Definitions of terms for all legislation
14
Meaning of de facto relationship
15
Meaning of step-parent, etc
16
References to specific gender or kind of person include others
17
When sending by post is taken as done
18
Parts of speech have corresponding meaning
19
Words in singular include plural and vice versa
20
Words used in secondary legislation or other instruments have same meaning as in empowering legislation
21
Anything done under secondary legislation or other instrument is also done under
empowering legislation
Act
22
Legislation not binding on the Crown
23
Examples do not limit provision
Commencement of legislation
23A
Outline of commencement provisions
24
Date on which Acts commence
25
Date on which secondary legislation commences
26
Time at which legislation commences
27
When legislation commences if calculated by number of months
28
Power to make commencement order
Amendment and repeal
29
Amendments part of, and construed with, legislation amended
30
References to repeal or amendment extend to other ceasing of effect
31
Effect of repeal or amendment generally
32
Effect of repeal or amendment on existing rights and proceedings
33
Effect of repeal or amendment on prior offences and breaches of legislation
34
Powers exercised under repealed or amended legislation have continuing effect
35
Legislation made under repealed legislation has continuing effect
36
How to apply references to new legislation that is not yet in force
37
How to apply references to repealed legislation
38
Time of repeal of legislation on particular day
General empowering provisions
39
Authority to make secondary legislation
40
Secondary legislation may make consequential amendments to other secondary legislation
41
Amendments made to secondary legislation by Act do not prevent later amendments
42
Authority to make instrument does not include power to determine its status as legislation
Exercise of powers in legislation generally
43
When powers can be exercised before commencement
44
Limit on when pre-commencement exercise of powers takes effect
45
Power to appoint person to an office includes related powers
46
Power to do things may be exercised to correct errors
47
Powers of office holder may be exercised by acting office holders
48
Power to make includes power to amend or revoke
49
Power to make different provision for classes of matters
50
Power to identify matters using classes
51
Exercise
or performance
of powers
, functions,
and duties more than once
Forms
52
Use of approved or prescribed forms
53
Extension of power to approve or prescribe forms
Time and distance
54
When periods start and end
55
Extension for doing thing if day or last day is not working day
56
Calculating periods of months (except for commencement of legislation)
56A
Determining time generally
57
Determining measurements of distance
Revision Acts
58
Meaning of revision Act and old law
59
Revision Act is generally to have same effect as old law
60
Using old law as interpretation guide for revision Act
61
Exceptions: when revision Act changes effect of old law
Power to incorporate by reference
62
Interpretation
63
Power for secondary legislation to incorporate material by reference
64
Schedule 2 applies if material incorporated by reference
65
Effect of amendments to material incorporated by reference
Part 3
Drafting and publishing of legislation
Subpart 1—Drafting and publishing legislation
Key drafting responsibilities
66
What legislation is drafted by PCO
67
Power to authorise IRD to draft Inland Revenue Bills
Key publishing responsibilities
68
PCO must publish all legislation
68A
Meaning of minimum legislative information
69
PCO must publish consolidations of legislation that is amended
70
How and when PCO must publish legislation and consolidations of legislation
71
When
How and when
electronic versions of legislation must be available on legislation website
72
Secondary legislation does not commence until published
Other provisions applying to secondary legislation
not published by PCO
73
Maker must publish secondary legislation not published by PCO (if required)
74
Applicable publication requirements for secondary legislation not published by PCO
75
Applicable publication requirements for secondary legislation with international transparency obligations under CPTPP
76
Chief Parliamentary Counsel must support international transparency obligations
77
Definitions for purposes of international transparency obligations
73
Maker must lodge secondary legislation and minimum legislative information for publication (if not drafted by PCO)
74
Lodgement must be done as required under regulations
75
Complete publication
exemption for local authority legislation
76
Partial publication exemption if good reason to allow alternative means of publication
77
Maker must make secondary legislation available if partial publication exemption applies
Official versions and related matters
78
Official versions of legislation
79
Legal status of official versions
79A
Evidential status of minimum legislative information
80
Judicial notice of legislation
81
Power to revoke spent secondary legislation and other instruments
Attorney-General directions
82
Attorney-General directions under this Part
Subpart 2—Correcting errors and making other editorial changes
83
Purpose of this subpart
84
Interpretation
85
Power to make editorial changes
86
Editorial changes
87
Changes to numbering
88
Changes to format
89
When changes take effect
90
Changes to be noted in legislation
Subpart 3—Revision Bills
91
Purpose of this subpart
92
Overview of this subpart
93
Interpretation
Preparation of revisions
94
Three-yearly revision programme
95
Revision powers
96
Format of revision Bill
97
Certification of revision Bill
98
Amendments proposed by revision Bills
99
PCO’s annual report may address matters relating to revision and editorial changes
Part 4
Disclosure requirements for Government-initiated legislation
100
Purpose of this Part
101
Interpretation in this Part
102
Chief executives must prepare and publish disclosure statements for Government-initiated legislation
103
What must be contained, or linked to, in disclosure statements
104
Disclosure statement requirements do not apply to certain Bills and amendments
105
Chief executives must act independently and include statement of responsibility
106
Government notice must be issued to support consistent approach across agencies
107
Government notice may be issued only with approval of House of Representatives
108
Factors to be considered in determining classes of legislation requiring disclosure statements
109
Ministerial direction may be given to support consistent approach across agencies
110
Disclosure relates only to information available to public under Official Information Act 1982
111
Validity of legislation not affected by failure to comply with this Part
Part 5
Parliament’s oversight of secondary legislation
112
Purpose of this Part
Subpart 1—Presentation to House of Representatives
113
Secondary legislation must be presented to House of Representatives
Subpart 2—Disallowance by House of Representatives
114
All secondary legislation subject to disallowance
,
with limited exceptions
115
House of Representatives may disallow secondary legislation by resolution
116
Secondary legislation disallowed if House of Representatives does not dispose of motion to disallow
117
Effect of disallowance on legislation
118
House of Representatives may amend
, revoke,
or replace secondary legislation
119
Resolution or motion is secondary legislation
Subpart 3—Confirmation
120
Definitions used in this subpart
121
What secondary legislation must be confirmed under this subpart
122
Secondary legislation must be confirmed by deadline (or otherwise will be revoked)
123
How to confirm secondary legislation
124
Usual effect of revocation if not confirmed by deadline
125
Effect on some legislation of not being confirmed by deadline (whether or not earlier revoked)
125A
Confirmable secondary legislation must state this fact
Part 6
Parliamentary Counsel Office
126
Parliamentary Counsel Office continues
Objective and functions of PCO
127
Objective of PCO
128
Functions of PCO
129
Confidentiality
Powers of Chief Parliamentary Counsel
130
Powers of Chief Parliamentary Counsel
131
Delegation of functions, duties, and powers
132
Revocation of delegations
Chief Parliamentary Counsel and employees of PCO
133
Chief Parliamentary Counsel
134
Parliamentary counsel
135
Chief Parliamentary Counsel and parliamentary counsel to hold legal qualification
136
Other employees of PCO
137
Remuneration and conditions of appointment of Chief Parliamentary Counsel
138
Chief Parliamentary Counsel acts as employer
139
Collective agreements
140
Employment principles
141
Appointments on merit
142
Chief Parliamentary Counsel to establish procedure for notifying vacancies and appointments, and reviewing appointments
143
Secondments from elsewhere in State Services for developing senior leadership and management capability
144
Protection from liability
Part 7
Regulations and miscellaneous provisions
Regulation-making powers
145
Regulations
Review of revision programme provisions
146
Review of revision programme provisions after 30 June 2020
· · · · ·
Schedule 1
Transitional, savings, and related provisions
Schedule 2
Incorporation by reference
Schedule 3
Secondary legislation
excluded from
exempted from presentation or
disallowance under this Act
Schedule 4
Secondary legislation subject to confirmation by Act
Legislative history
The Parliament of New Zealand enacts as follows: