Legislation Bill

  • enacted

Legislation Bill

Government Bill

275—3

As reported from the committee of the whole House

This Bill was formerly part of the Legislation Bill as reported from the Justice Committee. The committee of the whole House has further amended the Bill and divided it into the following Bills:

  • this Bill comprising clauses 1 and 2, Parts 1 to 7, and Schedules 1 to 4

  • Legislation (Repeals and Amendments) Bill comprising Parts 8 to 10 and Schedules 5 and 7

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Hon David Parker

Legislation Bill

Government Bill

275—3

Contents

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34Powers exercised under repealed or amended legislation have continuing effect
35Legislation made under repealed legislation has continuing effect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

1 Title

This Act is the Legislation Act 2017.

2 Commencement

(1)

This Act comes into force as follows:

(a)

section 145 (which contains regulation-making powers) comes into force on the day after the date of Royal assent:

(b)

the rest of this Act comes into force—

(i)

on 1 or more dates set by Order in Council; or

(ii)

to the extent not brought into force earlier, on the fifth anniversary of the date of Royal assent.

(2)

One or more Orders in Council may set different dates for different provisions (and, for that purpose, may commence a provision only for the purpose of giving effect to some, but not other, parts of this Act).

Part 1 Preliminary provisions

3 Purpose of this Act

(1)

The purpose of this Act is to promote high-quality legislation for New Zealand that is easy to find, use, and understand.

(2)

To that end, this Act—

(a)

states principles and rules about the interpretation of legislation:

(b)

allows legislation to be simpler, shorter, and more consistent:

(c)

requires all legislation to be published electronically in 1 place (including by requiring all secondary legislation to be first listed, and ultimately published, in 1 place, with limited exceptions):

(c)

provides for all legislation to be published electronically in 1 place over time (with exceptions):

(d)

provides tools for modernising and simplifying legislation and keeping legislation up to date:

(e)

supports effective parliamentary and public scrutiny of legislation:

(f)

continues the PCO with functions and objectives that promote that purpose.

4 Overview of this Act

(1)

In this Act,—

(a)

this Part contains the purpose of this Act, definitions, and other preliminary provisions:

(b)

Part 2 provides for the interpretation and application of legislation, including—

(i)

principles of interpretation and default definitions that apply (for example, a definition of working day):

(ii)

providing for rules that apply to the commencement, amendment, and repeal of legislation:

(iii)

general empowering provisions (for example, so that a power to prescribe a form can be used to prescribe required information and the method for supplying the required information in place of a form):

(c)

Part 3 provides for the drafting and publication of legislation, including by—

(i)

setting drafting and publication responsibilities; and

(ii)

providing tools for correcting errors in legislation; and

(iii)

providing for revision programmes to revise New Zealand’s legislation:

(d)

Part 4 sets disclosure requirements for Government-initiated legislation:

(e)

Part 5 supports parliamentary oversight and control over secondary legislation through—

(i)

providing for the House of Representatives to disallow all secondary legislation (with limited exceptions); and

(ii)

setting the deadlines for confirmation of secondary legislation (if confirmation by Parliament is required) and the consequences of not confirming:

(f)

Part 6 continues the PCO with the functions of drafting and publishing legislation and with associated functions that support the stewardship of New Zealand’s legislation:

(g)

Part 7 contains regulation-making powers and miscellaneous provisions:.

(h)

Part 8 contains repeals, revocations, and other related and consequential amendments.

(2)

This section is only a guide to the general scheme and effect of this Act.

(3)

See also the Imperial Laws Application Act 1988, which provides for this Act to apply to Imperial legislation.

(3)

See also—

(a)

the Imperial Laws Application Act 1988, which provides for this Act to apply to Imperial legislation; and

(b)

Parts 8 to 10 of the Legislation Act 2017, which contains repeals, revocations, and amendments to other legislation, as well as later amendments to this Act to require centralised publication of secondary legislation.

5 Interpretation

(1)

In this Act, unless the context otherwise requires,—

administering agency means, in relation to legislation, the department, Office of Parliament, or other organisation that is, or will be, responsible for administering the legislation

applicable publication requirements has the meaning set out in section 74

central government entity, in Part 4, has the meaning set out in section 101

chief executive, in relation to an administering agency, means the chief executive of the administering agency

Chief Parliamentary Counsel means the person who holds that office under section 133

complete publication exemption means an exemption referred to in section 68(2)(b)

consolidation means a version of legislation published under section 69

council-controlled organisation has the meaning set out in section 6 of the Local Government Act 2002

current drafting practice, in subpart 2 of Part 3, has the meaning set out in section 84

empowering legislation, in relation to any secondary legislation or instrument, means—

(a)

the legislation that empowers the making of the secondary legislation or instrument; or

(b)

the Royal prerogative (for anything done under the Royal prerogative)

empowering provision, in relation to any secondary legislation or instrument, means—

(a)

the provision of the empowering legislation that empowers the making of the secondary legislation or instrument; or

(b)

the Royal prerogative (for anything done under the Royal prerogative)

Government amendment has the meaning set out in the rules and practice of the House of Representatives

instrument includes secondary legislation and any instrument that is not legislation (for example, an administrative document)

introduction, in relation to a Bill, means the introduction of the Bill in accordance with the rules and practice of the House of Representatives

legislation means the whole or a part of an Act or any secondary legislation

legislation website means any Internet site maintained by, or on behalf of, the PCO for the publication of legislation or supporting material (or both)

legislative guidelines or standards, in Part 4, has the meaning set out in section 101

legislative quality procedures, in Part 4, has the meaning set out in section 101

local authority has the meaning set out in section 5(1) of the Local Government Act 2002

maker, in relation to any secondary legislation or instrument, means the person empowered to make the secondary legislation or instrument (but see also subsection (1A))

minimum legislative information has the meaning set out in section 68A means—

(a)

the Title of the legislation; and

(b)

the empowering provision; and

(c)

the administering agency; and

(d)

any other information required by regulations made under this Act

official version, in relation to legislation, means a version of the legislation that has the status of an official version under section 78

partial publication exemption means an exemption referred to in section 68(2)(a)

PCO means the Parliamentary Counsel Office

presentation exemption means an exemption of the type referred to in section 113(2)

referential words, in subpart 2 of Part 3, has the meaning set out in section 84

release, in relation to an amendment to a Bill, means the circulation or release of the amendment to the House of Representatives in accordance with the rules and practice of the House of Representatives

relevant policy agency, in Part 4, has the meaning set out in section 101

responsible Minister, in Part 4, has the meaning set out in section 101

secondary legislation means an instrument (whatever it is called) that—

(a)

is made under an Act if the Act (or any other legislation) states that the instrument is secondary legislation; or

(b)

is made under the Royal prerogative and has legislative effect

Example

The ABC Act 2018 enables the Governor-General, by Order in Council, either to make exemptions in the Order in Council or to enable the regulator to issue exemption notices. Both the order and notice are made (directly or indirectly) under the ABC Act (see section 21). The ABC Act states that both are secondary legislation. As a result, both the Order in Council and the exemption notice made under that order are secondary legislation under this definition.

sitting day means a sitting day of the House of Representatives.

(1A)

In this Act (other than for the purposes of the definition of minimum legislative information), a reference to the maker of any secondary legislation or instrument is, if the Governor-General is empowered to make that legislation or instrument, a reference to the relevant Minister for that secondary legislation or instrument.

(2)

See also the definitions of terms for all legislation in section 13, which also apply to this Act.

6 Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

7 Act binds the Crown

This Act binds the Crown.

Part 2 Interpretation and application of legislation

Purposes and application

8 Purposes of this Part

The purposes of this Part are to—

(a)

state principles and rules for the interpretation of legislation:

(b)

allow legislation to be simpler, shorter, and more consistent.

Compare: 1999 No 85 s 2

9 Application of this Part

(1)

A provision of this Part applies to legislation that is part of the laws of New Zealand unless—

(a)

the legislation provides otherwise; or

(b)

the context of the legislation requires a different interpretation.

(2)

The provisions of this Part also apply to the interpretation of this Act.

Compare: 1999 No 85 s 4

General principles of interpretation

10 How to ascertain meaning of legislation

(1)

The meaning of legislation must be ascertained from its text and in the light of its purpose and its context.

(2)

Subsection (1) applies whether or not the legislation’s purpose is stated in the legislation.

(3)

The text of legislation includes the indications provided in the legislation.

(4)

Examples of those indications are preambles, a table of contents, headings, diagrams, graphics, examples and explanatory material, and the organisation and format of the legislation.

Compare: 1999 No 85 s 5

11 Legislation applies to circumstances as they arise

Legislation applies to circumstances as they arise.

Compare: 1999 No 85 s 6

12 Legislation does not have retrospective effect

Legislation does not have retrospective effect.

Compare: 1999 No 85 s 7

General definitions and interpretation provisions

13 Definitions of terms for all legislation

In legislation,—

Act means an Act—

(a)

of the Parliament of New Zealand; or

(b)

of the General Assembly

commencement, in relation to any legislation, means the time when the legislation comes into force

Commonwealth country and part of the Commonwealth mean a country that is a member of the Commonwealth; and include a territory for the international relations of which the member is responsible

consular officer means a person who has authority to exercise consular functions

de facto partner means a person who is a party to a de facto relationship (as defined in section 14)

department and Ministry, in relation to any legislation, means the department or departmental agency (within the meaning of section 27A of the State Sector Act 1988) that, with the authority of the Prime Minister, is responsible for the administration of the legislation

enactment means the whole or a part of an Act or any secondary legislation

Gazette means the New Zealand Gazette (or a supplement to the New Zealand Gazette) published or purporting to be published under the authority of the New Zealand Government

Governor-General in Council or a similar expression means the Governor-General acting on the advice and with the consent of the Executive Council

legislation has the meaning set out in section 5(1)

legislation website has the meaning set out in section 5(1)

maker has the meaning set out in section 5

Minister, in relation to any legislation, means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of the legislation

Ministry, in relation to any legislation, means the department or departmental agency (within the meaning of section 27A of the State Sector Act 1988) that, with the authority of the Prime Minister, is responsible for the administration of the legislation

month means a calendar month

New Zealand or similar words referring to New Zealand, when used as a territorial description,—

(a)

means the islands and territories within the Realm of New Zealand; but

(b)

does not include the self-governing State of the Cook Islands, the self-governing State of Niue, Tokelau, or the Ross Dependency

North Island or Te Ika-a-Māui, both official alternative names, means the island commonly known as the North Island, and includes the islands adjacent to it north of Cook Strait

office includes position

Order in Council means an order made by the Governor-General in Council

person includes a corporation sole, a body corporate, and an unincorporated body

prescribed means prescribed by or under legislation

presentation exemption has the meaning set out in section 5(1)

proceeding means a proceeding (whether civil, criminal, disciplinary, or other, at any stage, and interlocutory or main)—

(a)

in or before a court or tribunal, or before a person acting judicially; or

(b)

of a person or body performing administrative functions, investigative functions, or both

Proclamation means a Proclamation made and signed by the Governor-General under the Seal of New Zealand and (if it is not legislation) published in the Gazette

public notification, public notice, or a similar expression in relation to an act, a matter, or a thing, means a notice published—

(a)

in the Gazette; or

(b)

in 1 or more newspapers circulating in the area to which the act, matter, or thing relates or in which it arises; or

(c)

on an Internet site that is administered by or on behalf of the person who must or may publish the notice, and that is publicly available as far as practicable and free of charge

repeal, in relation to any legislation, includes—

(a)

expiry (or any other lapsing or ceasing of effect); and

(b)

revocation; and

(c)

replacement

rules of court, in relation to a court, means rules regulating the practice and procedure of the court

secondary legislation has the meaning set out in section 5(1)

South Island or Te Waipounamu, both official alternative names, means the island commonly known as the South Island, and includes the islands adjacent to it south of Cook Strait

territorial limits of New Zealand, limits of New Zealand, or a similar expression, when used as a territorial description, means the outer limits of the territorial sea of New Zealand

working day means a day of a week other than—

(a)

a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, and Labour Day; and

(b)

a day in the period commencing with 25 December in a year and ending with 2 January in the following year; and

(c)

if 1 January falls on a Friday, the following Monday; and

(d)

if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday; and

(e)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday

writing means representing or reproducing words, figures, or symbols in a visible and tangible form and medium (for example, in print) (but see Part 4 of the Contract and Commercial Law Act 2017, which provides for meeting written requirements by electronic means).

Compare: 1999 No 85 s 29

14 Meaning of de facto relationship

(1)

In any legislation, de facto relationship means a relationship between 2 people (regardless of their sex, sexual orientation, or gender identity) who—

(a)

live together as a couple in a relationship in the nature of marriage or civil union; and

(b)

are not married to, or in a civil union with, each other; and

(c)

are both aged 16 years or older.

(2)

However, a relationship involving a person aged 16 or 17 years is not a de facto relationship unless that person has obtained consent for the relationship in accordance with section 46A of the Care of Children Act 2004.

(3)

In determining whether 2 people live together as a couple in a relationship in the nature of marriage or civil union, the court or person required to determine the question must have regard to—

(a)

the context, and the purpose of the law, in or for which the question is to be determined; and

(b)

all the circumstances of the relationship.

(4)

A de facto relationship ends if—

(a)

the de facto partners cease living together as a couple in a relationship in the nature of marriage or civil union; or

(b)

one of the de facto partners dies.

Compare: 1999 No 85 s 29A

15 Meaning of step-parent, etc

The relationship of step-parent, stepson, stepdaughter, or any other relationship described by a word containing the prefix “step”, may be established by civil union or by de facto relationship as well as by marriage.

Compare: 1999 No 85 s 29B

16 References to specific gender or kind of person include others

(1)

Words denoting a gender include every other gender.

(2)

Words denoting a natural person by referring to a gender (for example, “he or she”) or words referring to persons generally (for example, “someone” or “people”) include a corporation sole, a body corporate, and an unincorporated body if capable of referring to a corporation sole, a body corporate, or an unincorporated body.

(3)

Words denoting a corporation sole, a body corporate, or an unincorporated body include a natural person if capable of referring to a natural person.

Compare: 1999 No 85 s 31; Acts Interpretation Act 1901 ss 2C, 23(a) (Aust); Acts Interpretation Act 1915 s 26(d), (e) (SA)

17 When sending by post is taken as done

(1)

This section applies to legislation that authorises or requires a document to be sent by post (whether the expression “serve”, “give”, or “send”, or any other expression, is used).

(2)

The document is taken to be sent if it is properly addressed, prepaid, and posted as a postal article.

(3)

The document is taken to be received at the time at which it would be delivered in the ordinary course of post.

(4)

However, subsection (2) or (3) does not apply if the contrary is proved.

(5)

See also Part 4 of the Contract and Commercial Law Act 2017, which provides for the deemed timing and receipt of electronic communications.

Compare: Acts Interpretation Act 1901 s 29 (Aust); Interpretation Act 1978 s 7 (UK)

18 Parts of speech have corresponding meaning

Parts of speech and grammatical forms of a word that is defined in any legislation have corresponding meanings in the same legislation.

Compare: 1999 No 85 s 32

19 Words in singular include plural and vice versa

Words in the singular include the plural, and words in the plural include the singular.

Compare: 1999 No 85 s 33

20 Words used in secondary legislation or other instruments have same meaning as in empowering legislation

A word or an expression used in secondary legislation, or in any instrument, has the same meaning as it has, from time to time, in the legislation under which the secondary legislation or instrument is made.

Compare: 1999 No 85 s 34

21 Anything done under secondary legislation or other instrument is also done under empowering legislation Act

A reference to anything being done under an Act includes anything done under secondary legislation, or another instrument, that is made under that Act.

Example

An Act empowers regulations to authorise a regulator to set fees. The Act requires all fees paid under the Act to be paid to the Crown. The regulations require the regulator to set fees by issuing a notice. The fees set in the regulator’s notice are paid under the Act and so must be paid to the Crown.

22 Legislation not binding on the Crown

(1)

No Act or part of an Act binds the Crown unless the Act (or other legislation) expressly provides that the Crown is bound by the Act or part.

(2)

No secondary legislation, or part of secondary legislation, made under an Act or part of an Act binds the Crown unless—

(a)

the Act (or another Act) expressly provides that the Crown is bound by the Act or part of the Act; or

(b)

the Act or the secondary legislation (or any other legislation) expressly provides that the Crown is bound by the secondary legislation or part of the secondary legislation.

Compare: 1999 No 85 s 27

23 Examples do not limit provision

(1)

An example provided in legislation of the operation of a provision of the legislation does not limit the provision.

(2)

See section 10, which includes examples as part of the text of legislation from which its meaning must be ascertained.

Compare: Acts Interpretation Act 1901 s 15AD (Aust)

Commencement of legislation

23A Outline of commencement provisions

(1)

Sections 24 to 28 set rules for the commencement of legislation that—

(a)

give effect to the commencement stated or provided for in the legislation; and

(b)

provide default rules for commencement if the legislation does not state or provide for the commencement; and

(c)

provide further detail for the effective operation and application of those rules.

(2)

However, those sections are overridden for secondary legislation by section 72 (which generally defers or prevents commencement if the secondary legislation is not first published under this Act).

(3)

Subsection (1) is a guide only to the general scheme and effect of the provisions that affect commencement of legislation.

24 Date on which Acts commence

(1)

An Act or a part of an Act comes into force on the date stated or provided for in the Act.

(2)

If an Act does not state or provide for a commencement date for the Act or part, the Act or part comes into force on the day after Royal assent.

(3)

However, an Act’s Title and commencement sections, and any section identifying the principal legislation amended, come into force on Royal assent (and no reference in the commencement section includes them).

Compare: 1999 No 85 s 8

25 Date on which secondary legislation commences

(1)

Secondary legislation or a part of any secondary legislation comes into force on the date stated or provided for in the legislation.

(2)

If it does not state or provide for that date, the legislation or part comes into force on the day after it is published or first made available (whether under Part 3 or otherwise as required by law).

(3)

However, the secondary legislation’s Title and commencement provisions, and any provision identifying the principal legislation amended, come into force on its making (and no reference in the commencement provision includes them), even if it is not yet published.

Compare: 1999 No 85 s 9

26 Time at which legislation commences

Legislation comes into force—

(a)

at the start of the day on which it comes into force (unless paragraph (b) or (c) applies); or

(b)

if it is expressed to come into force from a particular day, at the start of the next day; or

(c)

if it states or provides for a particular time of commencement on a date on which it comes into force, at that time.

Compare: 1999 No 85 s 10

27 When legislation commences if calculated by number of months

(1)

This section applies to legislation expressed to come into force a number of months after a day or an act or event that occurs on a day (date A in the starting month).

(2)

The legislation comes into force in the month that is that number of months after the starting month,—

(a)

on the day of that month that corresponds to date A; or

(b)

if there is no such day, on the last day of that month.

(3)

This section applies instead of section 56 (on months generally).

Examples

ABC Act 2020 states that it comes into force a month after Royal assent. Royal assent is given on 1 July 2020. The Act comes into force on 1 August 2020.

XYZ Act 2020 states that it comes into force 4 months after Royal assent. Royal assent is given on 31 May 2020. The Act comes into force on 30 September 2020 (because September does not have 31 days).

28 Power to make commencement order

(1)

A power to make an Order in Council bringing legislation into force—

(a)

includes a power to set a date for legislation to come into force that is the same day as the day on which the Order in Council is made (in which case the legislation comes into force at the start of that day); and

(b)

includes a power to state a time of commencement on the date that is set; and

(c)

is capable of being exercised more than once to amend, revoke, or replace an Order in Council made in a previous exercise of the power, so long as each re-exercise of the power takes effect before the commencement takes effect; and

(d)

includes a power to make 1 or more orders setting different dates for different provisions of the legislation; and

(e)

includes (if there is a provision where its commencement would otherwise operate to give effect to other parts of legislation) a power to commence the provision only for the purpose of giving effect to some, but not other, parts of that legislation.

Example

The Dogs and Cats Act 2020 states that it comes into force on a date set by Order in Council. Section 100 states that the legislation set out in Schedule 4 is consequentially amended (and Schedule 4 sets out all the amendments). An Order in Council is made that commences section 100 on 1 July 2020 for the purpose of giving effect to the first 10 consequential amendments in Schedule 4. The rest of the consequential amendments in Schedule 4 do not come into force at that time. A later Order in Council commences section 100 for the purpose of the rest of the consequential amendments on 1 July 2021.

(2)

If the power referred to in subsection (1)(e) is exercised, the provision comes into force only for that purpose and only the identified parts come into force.

Compare: 1999 No 85 s 10(3)

Amendment and repeal

29 Amendments part of, and construed with, legislation amended

(1)

Amending legislation is part of the legislation that it amends.

(2)

Amending legislation must be construed with the legislation that it amends.

Compare: 1999 No 85 s 23; Acts Interpretation Act 1901 s 11B(1) (Aust)

30 References to repeal or amendment extend to other ceasing of effect

A reference in sections 31 to 35, 37, and 38 to repealing or amending legislation includes a reference to—

(a)

an implied repeal or amendment; and

(b)

a change that removes or limits the effect of the legislation; and

(c)

a change that disapplies the legislation to any person, subject matter, or circumstance.

Compare: Acts Interpretation Act 1901 s 7(3)(a), (c), (d) (Aust)

31 Effect of repeal or amendment generally

(1)

The repeal or amendment of legislation does not—

(a)

affect the validity, invalidity, effect, or consequences of anything done or suffered:

(b)

affect an existing right, interest, title, immunity, duty, status, or capacity:

(c)

affect an amendment made by the legislation to other legislation:

(d)

affect the previous operation of the legislation or anything done or suffered under it:

(e)

revive any thing that is not in force or existing at the time the repeal or amendment takes effect.

(2)

The repeal of legislation does not revive—

(a)

legislation that has been repealed; or

(b)

a rule of law that has been abolished.

Compare: 1999 No 85 s 17; Acts Interpretation Act 1901 s 7(1), (2) (Aust); Acts Interpretation Act 1915 s 16 (SA)

32 Effect of repeal or amendment on existing rights and proceedings

(1)

The repeal or amendment of legislation does not affect—

(a)

the completion of a matter or thing that relates to an existing right, interest, title, immunity, duty, status, or capacity (a legal position); or

(b)

the commencing of a proceeding that relates to an existing legal position; or

(c)

the completion of a proceeding commenced or in progress under the legislation.

(2)

Repealed or amended legislation continues to have effect for the purposes stated in subsection (1) as if the legislation had not been repealed or amended.

Compare: 1999 No 85 s 18; Acts Interpretation Act 1901 s 7(2) (Aust)

33 Effect of repeal or amendment on prior offences and breaches of legislation

(1)

The repeal or amendment of legislation does not affect a liability to a penalty or any other remedy or relief, or to an order or a direction, for an offence or for a breach of any legislation committed before the repeal or amendment.

(2)

Repealed or amended legislation continues to have effect as if it had not been repealed or amended for the purpose of—

(a)

investigating the offence or breach:

(b)

commencing or completing a proceeding for the offence or breach:

(c)

imposing a penalty, or any other remedy or relief, or making or giving an order or a direction, for the offence or breach.

Compare: 1999 No 85 s 19; Acts Interpretation Act 1901 s 7(2) (Aust)

34 Powers exercised under repealed or amended legislation have continuing effect

Anything done in the exercise of a power under repealed or amended legislation, and that is in effect immediately before that repeal or amendment, continues to have effect as if it had been exercised under any other legislation—

(a)

that, with or without modification, replaces, or that corresponds to, the legislation repealed or amended; and

(b)

under which the power could be exercised.

Compare: 1999 No 85 s 21

35 Legislation made under repealed legislation has continuing effect

(1)

Any legislation made under repealed legislation, and that is in force immediately before that repeal, continues in force as if it had been made under any other legislation—

(a)

that, with or without modification, replaces, or that corresponds to, the legislation repealed; and

(b)

under which it could be made.

(2)

Legislation that continues in force may be amended or revoked as if it had been made under the legislation that replaces, or that corresponds to, the repealed legislation.

Compare: 1999 No 85 s 20

36 How to apply references to new legislation that is not yet in force

(1)

This section applies if legislation (new legislation)—

(a)

is to replace (with or without modification), or is to correspond to, existing legislation; and

(b)

is not yet in force.

(2)

A reference in legislation to the new legislation is, until that new legislation comes into force, a reference to the whole or the corresponding part of the existing legislation.

37 How to apply references to repealed legislation

(1)

The repeal of legislation does not affect legislation in which the repealed legislation is applied, incorporated, or referred to.

(2)

A reference in legislation to repealed legislation is a reference to legislation that, with or without modification, replaces, or that corresponds to, the legislation repealed.

(3)

Subsection (1) is subject to subsection (2).

Compare: 1999 No 85 s 22

38 Time of repeal of legislation on particular day

(1)

Legislation that is expressed to be repealed on a particular day is repealed at the start of that day.

(2)

Legislation that is expressed to remain in force, or to continue to have effect, until a particular day, remains in force or has effect until the close of that day.

General empowering provisions

39 Authority to make secondary legislation

(1)

It is not necessary for secondary legislation to refer to facts, circumstances, or preconditions that must exist or be satisfied before the legislation can be made.

(2)

Secondary legislation is not invalid just because the legislation under which it is expressed to have been made does not authorise its making as long as its making is authorised by other legislation.

Compare: 1999 No 85 s 24

40 Secondary legislation may make consequential amendments to other secondary legislation

(1)

A power to make secondary legislation (the main secondary legislation) under one Act (the main Act) includes a power to make consequential amendments to other secondary legislation made by the same person (whether or not made under the same Act).

(2)

An amendment is consequential for the purposes of this section if it is purely consequential on the passing or making of either or both of the following:

(a)

the main Act or any amendment to it:

(b)

the main secondary legislation or any amendment to it.

(3)

The only facts, circumstances, or preconditions that must exist or be satisfied before the consequential amendments are made are those (if any) for making the main secondary legislation.

41 Amendments made to secondary legislation by Act do not prevent later amendments

Secondary legislation amended or replaced by an Act may be amended, revoked, or replaced by later secondary legislation as if the amendment or replacement had been made by secondary legislation.

Compare: 1999 No 85 s 25

42 Authority to make instrument does not include power to determine its status as legislation

A power to make an instrument does not include the power to determine whether or not the instrument is secondary legislation.

Exercise of powers in legislation generally

43 When powers can be exercised before commencement

(1)

A power conferred by legislation may be exercised before the legislation comes into force or takes effect to—

(a)

make secondary legislation or another instrument; or

(b)

serve a notice or document; or

(c)

appoint a person to an office; or

(d)

establish a body of persons; or

(e)

confer or impose on a person a right, interest, title, immunity, duty, status, or capacity (a legal position); or

(f)

do any other act or thing for the purposes of the legislation.

(2)

However, the power may be exercised only if the exercise of the power is necessary or desirable—

(a)

to bring the legislation into operation; or

(b)

in connection with bringing the legislation into operation.

(3)

Subsection (1) applies as if—

(a)

the legislation that confers the power, and all other legislation that is relevant to the power’s exercise and that has not yet commenced, had commenced; and

(b)

a legal position that would be conferred or imposed by legislation that is relevant to the power’s exercise, and that has not yet commenced, has been conferred or imposed.

Compare: 1999 No 85 s 11

44 Limit on when pre-commencement exercise of powers takes effect

(1)

Anything that results from the exercise of a power under section 43 may take effect only on and after the commencement of the legislation that confers the power.

(2)

However, that limit does not apply if the exercise of the power is necessary or desirable—

(a)

to bring the legislation into operation; or

(b)

in connection with bringing the legislation into operation; or

(c)

to amend, revoke, or replace anything previously done in reliance on section 43.

Compare: 1999 No 85 s 11

45 Power to appoint person to an office includes related powers

The power to appoint a person to an office includes the power to—

(a)

remove or suspend a person from the office:

(b)

reappoint or reinstate a person to the office:

(c)

appoint (temporarily or permanently, and for all or limited purposes) another person in place of a person who—

(i)

has vacated the office voluntarily (for example, by resigning); or

(ii)

has died; or

(iii)

is absent temporarily or permanently; or

(iv)

is incapacitated temporarily or permanently in a way that affects the performance of that person’s duty; or

(v)

has been removed or suspended from the office.

Compare: 1999 No 85 s 12; Acts Interpretation Act 1901 ss 33AA, 33A (Aust); Acts Interpretation Act 1915 s 36 (SA)

46 Power to do things may be exercised to correct errors

(1)

The power to do anything may be exercised to correct an error or omission in a previous exercise of the power.

(2)

Subsection (1) applies even though the power is not generally capable of being exercised more than once.

Compare: 1999 No 85 s 13

47 Powers of office holder may be exercised by acting office holders

A power conferred on the holder of an office, other than a Minister of the Crown, may be exercised by 1 or both of the following:

(a)

a person who is the holder’s deputy lawfully acting in the office:

(b)

a person who is for the time being lawfully holding, or performing the duties of, the office.

Compare: 1999 No 85 s 14; Acts Interpretation Act 1901 s 34AAA (Aust)

48 Power to make includes power to amend or revoke

(1)

The power to make secondary legislation or any other instrument includes the power to—

(a)

amend or revoke the legislation or instrument:

(b)

replace the legislation or instrument.

(2)

Requirements that apply in relation to making the secondary legislation or other instrument also apply, with all necessary modifications, in relation to its amendment, revocation, or replacement.

Compare: 1999 No 85 s 15

49 Power to make different provision for classes of matters

(1)

This section applies to legislation that confers on a person a power to make secondary legislation or any other instrument with respect to particular matters (however the matters are described).

(2)

The power includes a power—

(a)

to make the secondary legislation or instrument with respect to some only of those matters or with respect to a particular class or particular classes of those matters; and

(b)

to make different provision with respect to different matters or different classes of matters.

Compare: Acts Interpretation Act 1901 s 33(3A) (Aust)

50 Power to identify matters using classes

(1)

This section applies to legislation that confers on a person a power to make secondary legislation or any other instrument—

(a)

declaring, prescribing, or specifying a matter; or

(b)

doing anything in relation to a matter.

(2)

In exercising the power, the person may identify the matter by referring to a class or classes of matters.

Compare: Acts Interpretation Act 1901 s 33(3AB) (Aust); Legislation Act 2003 s 13(3) (Aust)

51 Exercise or performance of powers, functions, and duties more than once

(1)

A power conferred by legislation may be exercised from time to time.

(2)

A duty or function imposed by legislation may be performed from time to time.

Compare: 1999 No 85 s 16

Forms

52 Use of approved or prescribed forms

A form is not invalid just because it contains minor differences from an approved or a prescribed form as long as the form still has the same effect and is not misleading.

Compare: 1999 No 85 s 26

53 Extension of power to approve or prescribe forms

(1)

This section applies to a power conferred by legislation to approve or prescribe a form used to supply information that must or may be supplied to any person, or made available, for any purpose.

(2)

The power includes a power to do any 1 or more of the following:

(a)

identify the information to be supplied or made available:

(b)

approve or prescribe a method, format, or medium for supplying information or making information available:

(c)

in the case of a power to prescribe a form, authorise a prescribed person to approve or prescribe a form or a method, format, or medium for supplying information or making information available.

(3)

The power to do anything under subsection (2) may be exercised in place of, or as well as, the power to approve or prescribe a form.

(4)

Information supplied or made available under the power under subsection (2) complies with legislation that refers to, requires, or otherwise operates with the form as if the information had been supplied or made available in an approved or a prescribed form (and the legislation applies, with all necessary modifications, accordingly).

Compare: 1995 No 16 s 87B(2); 2002 No 35 s 37; 2008 No 91 s 154; 2013 No 69 ss 543(1)(e), 544(1)(a), 546(1)(g), (i), 548(1)(i)

Time and distance

54 When periods start and end

If legislation refers to a period described in the following way, the period must be calculated according to the following corresponding rule:

ItemIf the period is described as:then the period:
1starting at, on, or with a specified day, act, or eventincludes that day or the day of the act or event
2starting from or after a specified day, act, or eventdoes not include that day or the day of the act or event
3being within a specified number of days of or after a specified day, act, or eventdoes not include that day or the day of the act or event
4ending by, on, at, or with a specified day, act, or eventincludes that day or the day of the act or event
5continuing to or until a specified day, act, or eventincludes that day or the day of the act or event
6ending before a specified day, act, or eventdoes not include that day or the day of the act or event
7a number of days between 2 specified eventsdoes not include the days on which the events happen
Examples

Item 1: If the legislation states that a permission begins on the first day of a financial year, the permission is on in force on that day.

Item 2: If the legislation states that a variation of an agreement operates from 30 June, the variation starts to operate on 1 July.

Item 3: If the legislation states that public notice must be given within 10 days of adopting a constitution and the constitution is adopted on 1 August, the notice must be given by the close of 11 August.

Item 4: If the legislation states that a right to make a submission ends on 30 June, the submission may still be made on 30 June.

Item 5: If the legislation states that a permission continues until 30 March, the permission is still in force on 30 March.

Item 6: If the legislation states that a statement must be filed before the start of the next financial year, the statement must be filed on 30 June, not 1 July.

Item 7: If the legislation states that the period between sending a draft decision document to submitters for comments and finalising the decision must be at least 10 working days, do not count the day on which the draft is sent or the day on which the decision is finalised.

Compare: 1999 No 85 s 35(1)–(5)

55 Extension for doing thing if day or last day is not working day

A thing that, under legislation, must or may be done on a particular day or within a limited period of time may, if that day or the last day of that period is not a working day, be done on the next working day.

Compare: 1999 No 85 s 35(6)

56 Calculating periods of months (except for commencement of legislation)

(1)

A reference to 1 or more months in legislation is a reference to a period calculated as follows:

(a)

the period starts at the start of the relevant day in the month; and

(b)

the relevant number of months must then be counted to find the ending month; and

(c)

the period ends immediately before the corresponding day in the ending month or (if there is no such day) at the close of the last day of the ending month.

Examples

If the legislation refers to a period of 1 month starting on 15 February, the period starts on 15 February and ends at the close of 14 March (because March has a corresponding day).

If the legislation refers to a period of 6 months starting on 31 October, the period starts on 31 October and ends at the close of 30 April (because April does not have 31 days).

If the legislation refers to a period of 3 months after the date on which notice is sent and notice is sent on 2 August, the period starts on 3 August (under item 2 in section 54) and ends at the close of 2 October.

(3)

This section does not apply to commencement of legislation (see section 27).

Compare: Acts Interpretation Act 1901 s 2G (Aust); Interpretation Act 1984 s 62 (WA)

56A Determining time generally

A reference to a point of time in legislation is to time for general purposes in New Zealand as determined by sections 3 and 4 of the Time Act 1974 (which provides for New Zealand standard time and New Zealand daylight time).

Compare: 1974 No 39 s 6

57 Determining measurements of distance

A reference to a distance means a distance measured in a straight line on a horizontal plane.

Compare: 1999 No 85 s 36

Revision Acts

58 Meaning of revision Act and old law

In sections 59 to 61,—

old law, in relation to a revision Act, means the law as expressed in the Acts or parts of Acts repealed by and incorporated in the revision Act

revision Act means a revision Bill prepared and certified under subpart 3 of Part 3, once that Bill has been enacted.

Compare: 2012 No 119 s 35(1), (2)

59 Revision Act is generally to have same effect as old law

(1)

A revision Act’s provisions—

(a)

are the provisions of the old law in rewritten form; and

(b)

are intended to have the same effect as the corresponding provisions of the old law.

(2)

This section is subject to section 61.

Compare: 2007 No 97 s ZA 3(3); 2012 No 119 s 35(2)

60 Using old law as interpretation guide for revision Act

If the meaning of a provision of a revision Act is unclear or gives rise to absurdity, the wording of the old law that corresponds to the provision must be used to ascertain the meaning of the provision.

Compare: 2007 No 97 s ZA 3(4)

61 Exceptions: when revision Act changes effect of old law

Section 59 is overridden to the extent that a provision of a revision Act—

(a)

is expressly provided by the revision Act to be intended to change the effect of the old law; or

(b)

has a meaning that is expressly or by necessary implication to a different effect than the corresponding old law provision; or

(c)

is enacted, amended, or repealed by legislation that is not a revision Act (for example, an amendment Act intended to change the effect of the old law).

Compare: 2007 No 97 s ZA 3(5); 2012 No 119 s 35(3)

Power to incorporate by reference

62 Interpretation

In sections 63 to 65 and Schedule 2, unless the context otherwise requires,—

material—

(a)

means material referred to in section 63(1); but

(b)

does not include anything incorporated by reference by that material

written material means material that represents or reproduces words, figures, or symbols—

(a)

in a visible and tangible form by any means and in any medium; or

(b)

in a visible form in any medium by electronic means that enables them to be stored in permanent form and be retrieved and read.

Compare: 2012 No 119 s 48

63 Power for secondary legislation to incorporate material by reference

(1)

This section is sufficient authority for secondary legislation to incorporate 1 or more of the following by reference:

(a)

a standard, framework, code of practice, recommended practice, or requirement of an international organisation or a national organisation:

(b)

a standard, framework, code of practice, recommended practice, or requirement prescribed in any country or jurisdiction, or by any group of countries:

(c)

any other written material that deals with technical matters if it is reasonable to consider that—

(i)

it is impracticable to include the material in the secondary legislation; or

(ii)

the material is so large that including it in the secondary legislation will prevent persons to whom the law applies from using or understanding the secondary legislation with reasonable ease.

(2)

For the purposes of this section, secondary legislation incorporates material by reference if the secondary legislation does 1 or more of the following:

(a)

incorporates the material in whole or in part, and with or without modification:

(b)

incorporates amendments to which section 65 applies.

(3)

Material incorporated by reference in reliance on this section has legal effect as part of the legislation that incorporates the material.

(4)

This provision applies in addition to, and does not limit, any of the following:

(a)

any other power in legislation to incorporate material by reference (for example, sections 29 to 32 of the Standards and Accreditation Act 2015):

(b)

the ability of legislation to refer to or incorporate other legislation:

(c)

any rule of law.

Compare: 2012 No 119 ss 49, 57

64 Schedule 2 applies if material incorporated by reference

Schedule 2 applies if material is incorporated by reference in reliance on section 63.

Compare: 2012 No 119 s 50

65 Effect of amendments to material incorporated by reference

(1)

This section applies if the material incorporated by reference in secondary legislation in reliance on section 63 is amended by the originator of the material after the secondary legislation is made.

(2)

Those amendments have no legal effect as part of the secondary legislation unless—

(a)

they are specifically incorporated by later legislation made in accordance with Schedule 2; or

(b)

amendments to the material are expressly authorised to have that effect by or under another Act.

(3)

For the purposes of this section, material is amended if the material or any part of it—

(a)

is amended or replaced; or

(b)

expires or is revoked; or

(c)

otherwise ceases to have effect.

Compare: 2012 No 119 s 53

Part 3 Drafting and publishing of legislation

Subpart 1—Drafting and publishing legislation

Key drafting responsibilities

66 What legislation is drafted by PCO

The main functions of the PCO, in relation to drafting legislation, are—

(a)

to draft Government Bills and amendments to them; and

(b)

to advise on, or assist with, the drafting of local Bills and private Bills and amendments to them; and

(c)

to draft Members’ Bills, and amendments to them, if the Attorney-General directs; and

(d)

to draft the following secondary legislation:

(i)

Orders any secondary legislation made by Order in Council (unless the Attorney-General otherwise directs or they relate only to an individual):

(ii)

any secondary legislation that amends an Act:

(iii)

any secondary legislation if the administering agency and the Chief Parliamentary Counsel agree:

(iv)

any secondary legislation if the Attorney-General directs; and

(e)

to draft, or advise on or assist in the drafting of, any other legislation that the Attorney-General directs.

Compare: 2012 No 119 s 59(1)(a), (b), (i), (2)

67 Power to authorise IRD to draft Inland Revenue Bills

(1)

The Governor-General may, by Order in Council made on the recommendation of the Attorney-General, authorise the Inland Revenue Department to draft Inland Revenue Bills that the responsible Minister directs.

(2)

The Order in Council may state exceptions to the authorisation.

(3)

The Order in Council is secondary legislation (and must be published under this Act).

(3)

The Order in Council is secondary legislation (see this Part for publication requirements).

(4)

In this section,—

Inland Revenue Bills means Bills, or parts of Bills, intended to become Acts, or parts of Acts, administered by the Inland Revenue Department

responsible Minister means the Minister of the Crown who is responsible for the Inland Revenue Department.

Compare: 2012 No 119 s 60

Key publishing responsibilities

68 PCO must publish all legislation

(1)

The PCO must publish—

(a)

all introduced Bills (and those amendments to Bills that the Attorney-General directs); and

(b)

all Acts; and

(c)

all secondary legislation drafted by the PCO; and

(d)

minimum legislative information for all secondary legislation drafted by the PCO.

(2)

The PCO must also notify the making of that secondary legislation by publishing the information required by regulations in the Gazette.

(3)

The PCO may also publish secondary legislation that was not drafted by the PCO as if it were drafted by the PCO. In that case,—

(a)

subsections (1)(d) and (2) apply; and

(b)

section 70 (how and when legislation must be published by PCO) applies; and

(c)

any obligation under any other legislation for the secondary legislation to be published or notified in the Gazette is treated as satisfied.

(2)

However,—

(a)

if a partial publication exemption applies to secondary legislation or a part of secondary legislation (whether under section 76, the empowering legislation, or any other legislation),—

(i)

the full text of the legislation or part need not be published by the PCO; but

(ii)

the legislation’s minimum legislative information must still be published under this Act; and

(iii)

the legislation or part is considered to be published under this Act if the minimum legislative information is so published; and

(b)

if a complete publication exemption applies to secondary legislation (whether under section 75, the empowering legislation, or any other legislation), neither the legislation nor its minimum legislative information needs to be published under this Act.

(3)

Sections 68A to 77 apply to legislation and minimum legislative information only to the extent that the PCO is required to publish them under this section.

Compare: 2012 No 119 ss 6(1)(a), (b), 12, 13, 14, 59(1)(c)

68A Meaning of minimum legislative information

In this Act, minimum legislative information, in relation to secondary legislation, means—

(a)

the Title of the legislation; and

(b)

the empowering provision; and

(c)

the administering agency; and

(d)

for secondary legislation to which a partial publication exemption applies,—

(i)

a statement to that effect; and

(ii)

details of where the legislation or part to which the exemption applies is made available; and

(e)

any other information required by regulations made under this Act.

69 PCO must publish consolidations of legislation that is amended

(1)

The PCO must publish a consolidation of any Act that is amended.

(1A)

The PCO must publish a consolidation of the following secondary legislation that is amended:

(a)

all secondary legislation drafted by the PCO:

(b)

any other secondary legislation specified by regulations made under this Act.

(1)

The PCO must publish consolidations of—

(a)

all Acts that are amended; and

(b)

all secondary legislation drafted by the PCO that is amended.

(2)

A consolidation must incorporate the amendments made to the legislation so that it shows the law as at its stated date.

(3)

The consolidation may also show the law as it would be amended by amendments that have not yet commenced if it clearly indicates that those amendments have not yet commenced.

Compare: 2012 No 119 s 6(5)

70 How and when PCO must publish legislation and consolidations of legislation

(1)

The PCO must electronically publish the following things at the following times:

What is required to be published

When it must be published

Bills

As soon as practicable after they are introduced

Amendments to Bills

As soon as practicable after the amendments are released

Acts

As soon as practicable after they are enacted

Secondary legislation drafted by the PCO

As soon as practicable after the legislation is made

Minimum legislative information for secondary legislation drafted by the PCO

As soon as practicable after the legislation is made

Secondary legislation not drafted by the PCO

As soon as practicable after the legislation is lodged with the PCO for publication

Minimum legislative information for secondary legislation not drafted by the PCO

As soon as practicable after the information is lodged with the PCO for publication

Consolidations of Acts

As soon as practicable after the Acts are amended

Consolidations of secondary legislation that is drafted by the PCO

As soon as practicable after the legislation is amended

Consolidations of secondary legislation not drafted by the PCO

As prescribed by regulations under this Act

(3)

The PCO may also publish those things in printed form and make them available in the way notified to the public.

(4)

Legislation or proposed legislation is sufficiently published for the purposes of this Act (for any period during which it is not practicable to publish it electronically) if it is only published and made available in the way set out in subsection (3).

(5)

Minimum legislative information is sufficiently published for the purposes of this Act if the secondary legislation containing that information (as required at the time of its publication) is published by the PCO under this Act.

Compare: 2012 No 119 s 6(2), (3), (5), 21(1)

71 WhenHow and when electronic versions of legislation must be available on legislation website

(1)

The PCO must ensure that, as far as practicable, the following are at all times able to be accessed at, or downloaded from, the legislation website free of charge:

(a)

legislation published under this Act (including official electronic versions of legislation published under section 78):

(b)

minimum legislative information published under this Act (for the purpose of providing a list of all secondary legislation).

The PCO must ensure that,—

(a)

as far as practicable, legislation published by the PCO under this Act (including official electronic versions of legislation published under section 78) is at all times able to be accessed at, or downloaded from, the legislation website free of charge; and

(b)

it meets any minimum requirements set by the regulations made under this Act for how that must be done.

(3)

This section is subject to any regulations made under section 145(1)(d).

Compare: 2012 No 119 s 9

72 Secondary legislation does not commence until published

(1)

Secondary legislation comes into force in accordance with its stated commencement only if—

(a)

the legislation or (if a partial publication exemption applies) its minimum legislative information is published under this Act before the stated commencement; or

(b)

the empowering legislation or any other Act expressly authorises the legislation to commence or apply before it is published under this Act; or

(c)

an exemption from this section or a complete publication exemption applies.

(2)

If subsection (1) results in secondary legislation not coming into force on its stated commencement, the legislation comes into force on the day after the legislation or (if a partial publication exemption applies) its minimum legislative information is published under this Act.

(3)

However, this section does not affect whether the legislation is authorised or validly made.

(4)

In this section, the stated commencement for secondary legislation is the commencement stated or provided for in the secondary legislation or any other legislation.

Other provisions applying to secondary legislation not published by PCO

73 Maker must publish secondary legislation not published by PCO (if required)

(1)

This section applies to secondary legislation that is not published by the PCO.

(2)

The maker of the secondary legislation must comply with the applicable publication requirements (if any) for that secondary legislation.

74 Applicable publication requirements for secondary legislation not published by PCO

(1)

The applicable publication requirements for any secondary legislation not published by the PCO are the first of the following that applies to its empowering provision:

(a)

the requirements recorded and published by the PCO under clause 13A of Schedule 1 (if any):

(b)

the 1 or more requirements to publish, notify, or otherwise make secondary legislation available (together with any exemptions or limits on those requirements) that applied to the empowering provision immediately before this section came into force (if any):

(c)

the minimum requirements that apply under regulations made under this Act (if any).

(2)

However, if section 75 applies to the secondary legislation, the applicable publication requirements are those set in that section.

75 Applicable publication requirements for secondary legislation with international transparency obligations under CPTPP

(1)

This section applies to secondary legislation not published by the PCO that—

(a)

is made by a Minister or a relevant central government entity (even if the Minister or entity is performing a statutorily independent function); and

(b)

relates to international transparency obligations (because the publishing under this Part of copies of and links to the legislation would help meet those obligations).

(2)

The applicable publication requirements for secondary legislation with international transparency obligations are that the maker must ensure that—

(a)

the secondary legislation is published on the maker’s website as soon as practicable; and

(b)

the secondary legislation’s details are in, or with, the secondary legislation as published on the maker’s website; and

(c)

the secondary legislation and its details are, as far as practicable, able to be accessed at, or downloaded from, the maker’s website; and

(d)

links to the secondary legislation are forwarded to the PCO for publication (without delay and in accordance with any applicable directions under section 76).

(3)

Subsection (2)(b) is taken to be satisfied if—

(a)

the secondary legislation amends (without replacing wholly) principal secondary legislation; and

(b)

the details relate to the amendments it makes to the principal secondary legislation; and

(c)

the details are in or with a consolidation of the principal secondary legislation that is published as required by subsection (2).

Compare: 2012 No 119 ss 36C(1), 36D(2), 36E(2), (3), 36F(2)

76 Chief Parliamentary Counsel must support international transparency obligations

(1)

The Chief Parliamentary Counsel must ensure that, as soon as practicable, links forwarded to the PCO under section 75 are—

(a)

published electronically; and

(b)

as far as practicable, able to be accessed at, or downloaded from, the legislation website.

(2)

The Chief Parliamentary Counsel must give all or any makers, and ensure there is or are in force for all secondary legislation with international transparency obligations, a direction or directions setting out, in general terms,—

(a)

the nature of their details:

(b)

the nature of their links and the form and manner in which they must be forwarded.

(3)

The maker must, if required to do so in writing by the Chief Parliamentary Counsel, republish a copy of the secondary legislation promptly on the maker’s website in a form that complies with section 75.

(4)

A direction under this section is secondary legislation (see this Part for publication requirements).

Compare: 2012 No 119 ss 36E(4)–(6), 36F(3), (4), 36G

77 Definitions for purposes of international transparency obligations

In this section and sections 74 to 76,—

details, for any secondary legislation at any time, means all information necessary or desirable for meeting, for that secondary legislation at that time, all applicable international transparency obligations

international transparency obligations means obligations—

(a)

under paragraph 5 of Article 26.2 (publication) of Chapter 26 (transparency and anti-corruption) of the Trans-Pacific Partnership Agreement done at Auckland on 4 February 2016; or

(b)

under that provision as incorporated into the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago, Chile, on 8 March 2018, by Article 1.1 of that agreement

links, in relation to any secondary legislation at any time, means all information necessary or desirable to enable a user at that time to access, using the legislation website, the secondary legislation as published and made available on the maker’s website

maker’s website means an Internet site (other than the legislation website) maintained by or on behalf of the maker

relevant central government entity means any of the following (or a decision-making person or body in or related to, or acting through or for, any of the following):

(a)

a department named in Schedule 1 of the State Sector Act 1988, including any departmental agency that, under section 27A and Schedule 1A of that Act, is part of that department:

(b)

a Crown entity (as defined in section 7(1) of the Crown Entities Act 2004, but excluding a school board of trustees and a tertiary education institution):

(c)

the Reserve Bank of New Zealand:

(d)

any other instrument of the Crown prescribed, for the purposes of this paragraph, by regulations made under this Act (if any).

Compare: 2012 No 119 s 36C(2)

73 Maker must lodge secondary legislation and minimum legislative information for publication (if not drafted by PCO)

(1)

This section applies to—

(a)

secondary legislation that is not drafted by the PCO; and

(b)

that legislation’s minimum legislative information.

(2)

The maker of the legislation must, as soon as practicable after it is made, lodge the legislation and information with the PCO for publication.

(3)

But see section 68(3), which limits this obligation.

74 Lodgement must be done as required under regulations

(1)

Anything required to be lodged with the PCO for publication under this Act must be lodged in accordance with regulations made under this Act.

(2)

If it is not, it is not properly lodged and the PCO is not required to publish it.

(3)

Subsection (2) applies despite sections 68 and 69.

75 Complete publication exemption for local authority legislation

(1)

A complete publication exemption applies to secondary legislation made by a local authority or a council-controlled organisation.

(2)

See subpart 1A of Part 8 of the Local Government Act 2002 for additional provisions on local authority legislation.

76 Partial publication exemption if good reason to allow alternative means of publication

(1)

The Chief Parliamentary Counsel may grant a partial publication exemption for secondary legislation or a part of secondary legislation if the Chief Parliamentary Counsel determines that there is good reason to allow the legislation or part to be made publicly available by an alternative means.

(2)

Before granting an exemption under this section, the Chief Parliamentary Counsel must—

(a)

have regard to—

(i)

the purpose of this Act; and

(ii)

how the legislation is proposed to be made publicly available; and

(b)

be satisfied that the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the exemption.

(3)

An exemption—

(a)

is granted by written notice given to the maker of the legislation and copied to the administering agency (if different); and

(b)

may be made subject to terms and conditions.

(4)

An exemption under this section is secondary legislation (and must be published under this Act, together with the Chief Parliamentary Counsel’s reasons for granting the exemption, including why it is appropriate).

77 Maker must make secondary legislation available if partial publication exemption applies

The maker of secondary legislation must, if a partial publication exemption applies to the legislation or part of the legislation, make the legislation or part available—

(a)

in a way that meets the minimum requirements set by regulations made under this Act (if any); and

(b)

in accordance with the details as to its availability that are included in its minimum legislative information.

Official versions and related matters

78 Official versions of legislation

(1)

The PCO may publish—

(a)

official electronic versions of legislation; and

(b)

official printed versions of legislation.

(2)

A printed version of legislation that is produced directly from an official electronic version is also an official version.

(3)

An electronic or a printed document that is identified as an official version of legislation in accordance with regulations made under this Act must be treated as an official version unless the contrary is shown.

Compare: 2012 No 119 s 17

79 Legal status of official versions

(1)

An official version of legislation—

(a)

(if it is as originally enacted or made) is taken to correctly set out the text of the legislation; and

(b)

(if it is a consolidation under section 69) is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments; and

(c)

(if it is a version of legislation that includes changes made under subpart 2)—

(i)

is taken to correctly state, as at its stated date, the law enacted or made by the legislation and by the changes made (and paragraph (b) also applies if the legislation is also a consolidation); and

(ii)

is evidence that those changes are authorised by that subpart.

(2)

An official version of secondary legislation that states the date of publication by the PCO is evidence that the legislation was published on the date stated.

(3)

The presumptions in this section apply unless the contrary is shown.

Compare: 2012 No 119 s 18

79A Evidential status of minimum legislative information

(1)

This section applies to minimum legislative information published under this Act.

(2)

Publication of the minimum legislative information for secondary legislation is evidence of the following:

(a)

that the secondary legislation was made; and

(b)

if the date of making is stated, that the secondary legislation was made on that date; and

(c)

if the date of publication of the minimum legislative information is stated with the minimum legislative information, that the minimum legislative information was published on the date stated.; and

(d)

if the date of notification of the making of the secondary legislation is stated in the Gazette, that the making of the secondary legislation was notified in the Gazette on the date stated.

(3)

The presumptions in this section apply unless the contrary is shown.

Compare: 2012 No 119 s 18(3), (4)

80 Judicial notice of legislation

All courts and persons acting judicially must take judicial notice of all legislation.

Compare: 2012 No 119 s 16

81 Power to revoke spent secondary legislation and other instruments

(1)

The Governor-General may, by Order in Council, on the recommendation of the Attorney-General, revoke any secondary legislation or other instrument.

(2)

Before making a recommendation, the Attorney-General must be satisfied that the secondary legislation or other instrument has ceased to have effect or is no longer required.

(3)

This section is in addition to any other power to revoke the secondary legislation or other instrument.

(4)

An order under this section is secondary legislation (and must be published under this Act).

(4)

An order under this section is secondary legislation (see this Part for publication requirements).

Compare: 2012 No 119 s 15

Attorney-General directions

82 Attorney-General directions under this Part

(1)

The PCO must carry out the functions in this Part subject to any directions by the Attorney-General—

(a)

about the matters set out in section 66:

(b)

consistent with this Act and regulations made under this Act, about—

(i)

the form in which legislation or consolidations of legislation (or any class of them) must be published (including the omission of signatures and formal or introductory parts); and

(ii)

any other matters concerning the publication of legislation or proposed legislation or minimum legislative information.

(2)

A direction given by the Attorney-General under this Part must be given to the PCO in writing.

Compare: 2012 No 119 ss 6(7), 20

Subpart 2—Correcting errors and making other editorial changes

83 Purpose of this subpart

The purpose of this subpart is to enable errors to be corrected and other editorial changes to be made so as to—

(a)

keep New Zealand legislation up to date; and

(b)

improve the ability of users to find, use, and understand that legislation.

84 Interpretation

In this subpart, unless the context otherwise requires,—

current drafting practice means the legislative drafting practice for the time being used by the PCO

referential words means words that identify the whole or a part of a provision (including a schedule) as a provision, or as part of a provision, of the legislation in which they appear (for example, “of this Act”, “of this section”, “of this paragraph”, “the said”, and “hereof”).

Compare: 2012 No 119 s 23

85 Power to make editorial changes

(1)

The Chief Parliamentary Counsel may authorise the PCO to make changes referred to in section 86 to a version of the legislation.

(2)

Sections 86 and 88 do not permit any change to the text of a provision of any legislation that, if enacted, would change the effect of the provision.

(3)

Nothing in this section limits the authority to make changes in reliance on the application of section 37 or any other legislation.

Compare: 2012 No 119 s 24

86 Editorial changes

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”.

(ab)

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):

(b)

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:

(c)

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:

(d)

the numbering, renumbering, and consequential amendments authorised by an Order in Council made under section 87:

Improving legislation to reflect current drafting practice

(e)

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”.

(f)

unnecessary referential words may be omitted:

(g)

changes may be made to words in the Māori language (te reo Māori) to reflect current orthographic conventions:

(h)

punctuation may be changed or omitted, or new punctuation inserted, so as to be consistent with current drafting practice:

(i)

conjunctives and disjunctives may be inserted, omitted, or changed so as to be consistent with current drafting practice:

(j)

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

(k)

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

(l)

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.

(la)

changes may be made to show the effect of section 72 on the commencement of secondary legislation (which, generally, defers or prevents commencement if the secondary legislation is not first published under this Act):

(m)

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:

(n)

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

(na)

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

(o)

changes may be made that are purely consequential on any other change authorised by this subpart.

Compare: 2012 No 119 s 25(1)

87 Changes to numbering

(1)

For the purpose of making legislation easier to find, use, or understand, the Governor-General may, by Order in Council, authorise the PCO to—

(a)

publish a version of any specified legislation with provisions numbered or renumbered, as the case may be, in the manner indicated by the order; and

(b)

publish a version of any other specified legislation, in the manner indicated by the order, so as to consequentially update any references in that legislation to those numbered or renumbered provisions.

(2)

An order under this section is secondary legislation (see this Part for publication requirements).

Compare: 2012 No 119 s 25(2)

88 Changes to format

The Chief Parliamentary Counsel may authorise the PCO to make format changes to a version of legislation so that the format of the legislation is consistent with current drafting practice, or the format of the version of the legislation is easier to read or use according to the means used to read it, or both.

Compare: 2012 No 119 s 26

89 When changes take effect

For the purposes of amendments to, incorporation of, or reference to legislation that has had changes made to it under this subpart, those changes take effect as if enacted or made expressly by other legislation having effect immediately before the date on which the changes were made.

Compare: 2012 No 119 s 18(5)

90 Changes to be noted in legislation

If changes authorised by this subpart are made, the relevant version of the legislation must—

(a)

indicate that fact in a suitable place; and

(b)

outline in general terms, and in a suitable place, the changes made.

Compare: 2012 No 119 s 27

Subpart 3—Revision Bills

91 Purpose of this subpart

(1)

The purpose of this subpart is to enable revision of New Zealand’s legislation to be done progressively and systematically.

(2)

To this that end, this subpart enables revision Bills to re-enact legislation, in an up-to-date and accessible form, but (except as authorised by this subpart) without changing its effect.

Compare: 2012 No 119 s 29(2)

92 Overview of this subpart

(1)

This subpart sets out the procedure for the preparation and certification of revision Bills.

(2)

This subpart contains—

(a)

a requirement for the preparation and approval of a 3-yearly revision programme:

(b)

the powers that may be exercised in the preparation of revisions.

(3)

This section is only a general guide to this subpart.

(4)

See also sections 58 to 61, which provide for the interpretation of revision Acts.

Compare: 2012 No 119 s 29(1), (3)

93 Interpretation

In this subpart, unless the context otherwise requires,—

revision Bill means a Bill prepared under this subpart

revision programme means a revision programme approved under section 94.

Compare: 2012 No 119 s 28

Preparation of revisions

94 Three-yearly revision programme

(1)

The Attorney-General must prepare a draft 3-yearly revision programme for each new Parliament.

(2)

A draft revision programme must set out—

(a)

the revisions that are proposed to be started during the 3-year period; and

(b)

the revisions that are expected to be enacted during that period; and

(c)

the revisions on which work is expected to continue during that period.

(3)

The Attorney-General must—

(a)

make the draft publicly available and invite submissions on the draft from interested persons and members of the public, allowing a reasonable time for those submissions to be made; and

(b)

present a revision programme to the House of Representatives as soon as practicable after it is approved by the Government.

(4)

The Attorney-General may amend, or replace, the 3-yearly revision programme if the Attorney-General complies with subsection (3) (applied as if the amendment or replacement were the draft or programme).

Compare: 2012 No 119 s 30(1)–(4)

95 Revision powers

(1)

The Chief Parliamentary Counsel must prepare revision Bills in accordance with the current revision programme and this section.

(2)

A revision Bill may—

(a)

revise the whole or part of 1 or more Acts, and for that purpose combine or divide Acts or parts of Acts:

(b)

adopt a Title that is different from the Title or Titles of the Acts or parts of Acts revised:

(c)

omit redundant and spent provisions:

(d)

renumber and rearrange provisions from the Acts or parts of Acts revised:

(e)

make changes in language, format, and punctuation to achieve a clear, consistent, gender-neutral, and modern style of expression, to achieve consistency with current drafting style and format, and generally to express better the spirit and meaning of the law:

(f)

include new or additional purpose provisions, outline or overview provisions, examples, diagrams, graphics, flowcharts, readers’ notes, lists of defined terms, and other similar devices to aid accessibility and readability:

(g)

include new or additional provisions alerting users of the revision to legislation that is not incorporated in the revision but is relevant to the subject matter of the revision:

(h)

correct typographical, punctuation, and grammatical errors, and other similar errors:

(i)

make consequential amendments to legislation that is not incorporated, or is incorporated only in part, in the revision:

(j)

include any necessary repeals, transitional, savings, and related provisions.

(3)

A revision Bill may also—

(a)

make minor amendments to clarify Parliament’s intent, to resolve ambiguity, or to reconcile inconsistencies between provisions (or to do all of those things):

(b)

update any monetary amount (other than an amount specified for the purpose of jurisdiction or an offence or penalty), having regard to movements in the New Zealand Consumers Price Index over the relevant period, or provide for the amount to be prescribed by Order in Council:

(c)

make minor amendments to update how provisions can be complied with, or operate, in a way that takes account of changes in technology if those amendments are consistent with the spirit and meaning of the law:

(d)

for the purpose of enabling matters of general principle to be contained in Acts and matters of detail to be contained in secondary legislation,—

(i)

omit forms, schedules, or other matters of detail from the Acts or parts of Acts revised, and instead authorise those matters to be prescribed by or under secondary legislation:

(ii)

include matters currently prescribed in secondary legislation made under the Acts or parts of Acts revised.:

(iii)

make any other change that is necessary for the purpose of implementing subparagraph (i) or (ii) or that is consequential on doing so.

(4)

A revision Bill must not change the effect of the law, except as authorised by subsection (3).

(5)

The changes that may be made in a revision Bill include (without limitation) any of the changes that may be made under subpart 2.

Compare: 2012 No 119 s 31

96 Format of revision Bill

(1)

A revision Bill must be in the form of a Bill suitable for introduction in the House of Representatives.

(2)

A revision Bill’s explanatory note must include a statement setting out, in general terms, the inconsistencies, anomalies, discrepancies, and omissions that were identified in the course of preparing the revision, and how they have been remedied in the Bill.

(3)

A revision Bill may be structured so that it is able to be divided into 2 or more Bills.

Compare: 2012 No 119 s 32

97 Certification of revision Bill

(1)

For the purposes of this subpart, the certifiers are the President of the Law Commission, the Solicitor-General, a retired Judge of the High Court nominated by the Attorney-General, and the Chief Parliamentary Counsel.

(2)

The Chief Parliamentary Counsel must submit a revision Bill to the certifiers for certification under this section.

(3)

The certifiers may certify a revision Bill if they are satisfied that—

(a)

the revision powers set out in section 95 have been exercised appropriately in the preparation of the revision; and

(b)

the revision Bill does not change the effect of the law, except as authorised by section 95(3).

(4)

Before certifying a revision Bill, the certifiers may require the Chief Parliamentary Counsel to make whatever changes they consider necessary.

(5)

When a revision Bill has been certified, the Chief Parliamentary Counsel must give the revision Bill and certificate to the Attorney-General.

Compare: 2012 No 119 s 33

98 Amendments proposed by revision Bills

(1)

A revision Bill, as introduced, must not contain any proposed change to the effect of the law unless the amendment is authorised by section 95.

(2)

However, nothing in this Act affects the powers of the House of Representatives to amend a revision Bill for any purpose and to pass it with amendment.

Compare: 2012 No 119 s 34

99 PCO’s annual report may address matters relating to revision and editorial changes

The PCO’s annual report under section 43 of the Public Finance Act 1989 may (without limitation) make—

(a)

recommendations for the repeal of obsolete or redundant legislation or provisions of legislation, if their repeal is not suitable for inclusion in a revision; and

(b)

recommendations for changes to 1 or more of the following:

(i)

the revision powers set out in section 95:

(ii)

the powers under subpart 2:

(iii)

the procedure for the certification of revision Bills.

Compare: 2012 No 119 s 30(5)

Part 4 Disclosure requirements for Government-initiated legislation

100 Purpose of this Part

The purpose of this Part is to—

(a)

better inform parliamentary and public scrutiny of Government-initiated legislation; and

(b)

promote good administrative practices for the development of such legislation.

101 Interpretation in this Part

In this Part, unless the context otherwise requires,—

central government entity means—

(a)

a department (within the meaning of section 2(1) of the Public Finance Act 1989):

(b)

the Reserve Bank of New Zealand:

(c)

a Crown entity that is a statutory entity (as those terms are defined in section 7(1) of the Crown Entities Act 2004)

legislative guidelines or standards means guidelines or standards relating to the process or content of legislation that are identified in a notice under section 106(2)(a)(ii)

legislative quality procedures means processes, practices, or procedures that have the purpose or effect of promoting, or facilitating the preparation of, quality legislation

relevant policy agency means,—

(a)

in relation to any Government Bill, Government amendment, or secondary legislation made by the Governor-General or a Minister, the central government entity that is primarily involved in developing the legislation (excluding the PCO, unless the PCO is also the administering agency); and

(b)

in relation to any other secondary legislation, the maker

responsible Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is responsible for the administration of this Part.

102 Chief executives must prepare and publish disclosure statements for Government-initiated legislation

(1)

The chief executive of the relevant policy agency must ensure that—

(a)

a disclosure statement is prepared for each of the following:

(i)

a Government Bill:

(ii)

a Government amendment:

(iii)

secondary legislation of a class that is specified under section 106(3)(a); and

(b)

each disclosure statement complies with—

(i)

section 103; and

(ii)

each notice issued under section 106; and

(iii)

each direction given under section 109; and

(c)

each disclosure statement is electronically published, in accordance with a notice issued under section 106,—

(i)

as soon as practicable after the introduction of the Government Bill or release of the Government amendment; or

(ii)

in the case of secondary legislation, as soon as practicable after it is published under this Act (or otherwise first made available as required by law).

(2)

If there is more than 1 relevant policy agency, subsection (1) applies to each chief executive for the part of the legislation or proposed legislation for which the agency is the relevant policy agency (but, in this case, a direction under section 109 may require the statements to be combined).

103 What must be contained, or linked to, in disclosure statements

(1)

A disclosure statement for a Government Bill, Government amendment, or secondary legislation must contain (or link to) the following:

(a)

information about—

(i)

the policy background of the Bill, amendment, or secondary legislation; and

(ii)

the main legislative quality procedures that have been carried out by or on behalf of the relevant policy agency in relation to the Bill, amendment, or secondary legislation; and

(iii)

any provisions of the Bill, amendment, or secondary legislation that, in the chief executive’s opinion, are unusual or involve matters that call for particular attention; and

(b)

the information about departures from the legislative guidelines or standards that is required by each notice under section 106.

(2)

However, the disclosure statement does not need to include the chief executive’s (or the policy agency’s) reasons or justifications for the decisions taken by the Government on the Government Bill, Government amendment, or secondary legislation.

104 Disclosure statement requirements do not apply to certain Bills and amendments

(1)

Section 102 does not apply to any of the following Bills:

(a)

Imprest Supply Bills or Appropriation Bills:

(b)

Bills that are Statutes Amendment Bills under the rules and practice of the House of Representatives:

(c)

Bills that primarily relate to the repeal or revocation of legislation identified as spent:

(d)

revision Bills prepared under subpart 3 of Part 3 or Bills prepared for the purposes of confirmation under subpart 3 of Part 5.

(2)

Section 102 does not apply to a Government amendment if—

(a)

the Bill to which it relates is of a kind referred to in subsection (1); or

(b)

it is not reasonably practicable to comply with that section before the parliamentary scrutiny of the Government amendment occurs; or

(c)

in the chief executive’s opinion, the Government amendment would not materially change the Bill.

(3)

In relation to subsection (2)(c),—

(a)

the amendment would materially change the Bill if the information required to be contained (or linked to) in a disclosure statement on the Bill would be materially different as a result of the amendment; and

(b)

the chief executive must ensure that a statement of the chief executive’s opinion is, as soon as practicable after the release of the Government amendment,—

(i)

provided to the Minister; and

(ii)

electronically published (in accordance with each notice under section 106).

105 Chief executives must act independently and include statement of responsibility

(1)

The chief executive of the relevant policy agency is responsible for acting independently (and is not responsible to a Minister) when performing the duties under section 102 and when acting under section 104(2)(c) and (3).

(2)

Subsection (1) applies despite section 32 of the State Sector Act 1988 or any other legislation to the contrary.

(3)

The chief executive must ensure that the disclosure statement includes a statement of responsibility in the form required by the notice under section 106.

106 Government notice must be issued to support consistent approach across agencies

(1)

The responsible Minister and the Attorney-General must, in order to support a consistent approach to disclosure under this Part,—

(a)

jointly issue 1 or more notices under this section; and

(b)

take all reasonable steps to ensure that at least 1 notice is in force, and remains in force, on and after the date that is 12 months after the date on which this Part comes into force.

(2)

The notice or notices must—

(a)

provide for the information that must be contained (or linked to) in disclosure statements under section 103, including—

(i)

specifying the information about departures from the legislative guidelines or standards that must be contained (or linked) in disclosure statements; and

(ii)

identifying legislative guidelines or standards (in whole or in part) for that purpose; and

(b)

state how disclosure statements must be electronically published; and

(c)

provide for any other matters required, under this subpart, to be done in accordance with the notice.

(3)

A notice may also—

(a)

specify 1 or more classes of secondary legislation to which section 102 applies:

(b)

in addition to the information referred to in subsection (2)(a), require a disclosure statement to contain, or have a link to, other information about specified matters (for example, information about the drafting of the legislation or about plans for the implementation, monitoring, or review of the legislation).

(4)

A notice under this section is secondary legislation (and must be published under this Act).

(4)

A notice under this section is secondary legislation (see Part 3 for publication requirements).

107 Government notice may be issued only with approval of House of Representatives

A notice may be issued under section 106 only after it has been approved by a resolution of the House of Representatives.

108 Factors to be considered in determining classes of legislation requiring disclosure statements

The responsible Minister and the Attorney-General must, in considering whether a class of secondary legislation should be specified under section 106(3)(a), have regard to the costs and benefits of requiring disclosure under this Part and, in particular, the extent to which disclosure would—

(a)

better inform parliamentary and public scrutiny of legislation in that class; and

(b)

promote good administrative practices for the development of legislation in that class.

109 Ministerial direction may be given to support consistent approach across agencies

(1)

The responsible Minister may give 1 or more directions that set requirements for disclosure statements to—

(a)

contain, or link to, additional or more specific information in connection with the matters specified in section 103(1) (in addition to that required by a notice under section 106):

(b)

contain, or link to, other information about specified matters (in addition to any disclosures required under a notice under section 106(3)(b)):

(c)

be in a specified layout or format (which may include requiring a statement, or joint agency statements, to be in a single document or a series of related documents or to be included as part of 1 or more other documents).

(2)

The responsible Minister must ensure that, as soon as practicable after a direction is given, the direction is—

(a)

published on an Internet site maintained by, or on behalf of, the New Zealand Government; and

(b)

presented to the House of Representatives.

(3)

A direction—

(a)

may apply to the chief executives of 1 or more relevant policy agencies; and

(b)

may be given only if—

(i)

a notice under section 106 is in force; and

(ii)

the direction is not inconsistent with any notice under section 106 or with this Act.

110 Disclosure relates only to information available to public under Official Information Act 1982

Nothing in this Part requires the disclosure of information if a request for that information could be refused under section 18 of the Official Information Act 1982 (other than for the reason set out in section 18(d) of that Act).

111 Validity of legislation not affected by failure to comply with this Part

Failure to comply with this Part does not affect—

(a)

any power to make any legislation; or

(b)

the validity of any legislation.

Part 5 Parliament’s oversight of secondary legislation

112 Purpose of this Part

The purpose of this Part is to support Parliament in overseeing and controlling the use of delegated powers to make legislation.

Subpart 1—Presentation to House of Representatives

113 Secondary legislation must be presented to House of Representatives

(1)

The relevant Minister must present secondary legislation to the House of Representatives in accordance with the House’s rules and practice.

(2)

However, this requirement—

(aa)

if a presentation exemption applies to secondary legislation (or a part of secondary legislation) under Part 1 of Schedule 3, or under legislation listed in that Part, this requirement does not apply to that legislation or part; and

(a)

see also section 161A of the Local Government Act 2002, which provides that this requirement does not apply applies to secondary legislation made by a local authority or a council-controlled organisation only if unless the empowering legislation (or other legislation) expressly requires presentation to the House of Representatives:.

(b)

does not apply to secondary legislation if a complete publication exemption applies:

(c)

does not apply to material incorporated by reference in reliance on section 63.

Compare: 2012 No 119 s 41

Subpart 2—Disallowance by House of Representatives

114 All secondary legislation subject to disallowance, with limited exceptions

This subpart applies to secondary legislation other than—

(a)

secondary legislation made by resolution of the House of Representatives; or

(b)

secondary legislation made under the Royal prerogative; or

(c)

a bylaw as defined in section 2 of the Bylaws Act 1910; or

(d)

secondary legislation made under an empowering provision that is listed in Part 2 of Schedule 3.

Compare: 2012 No 119 s 38(2), (3)

115 House of Representatives may disallow secondary legislation by resolution

(1)

The House of Representatives may, by resolution, disallow any secondary legislation, or provision of secondary legislation, to which this subpart applies.

(2)

Legislation disallowed by a resolution ceases to have effect on the later of—

(a)

the passing of the resolution; and

(b)

any date stated in the resolution as the date on which the legislation ceases to have effect.

Compare: 2012 No 119 s 42

116 Secondary legislation disallowed if House of Representatives does not dispose of motion to disallow

(1)

Secondary legislation, or a provision of secondary legislation, to which this subpart applies is disallowed if—

(a)

a member of the Committee of the House of Representatives responsible for the review of secondary legislation gives notice of a motion to disallow it; and

(b)

none of the following happens before the deadline:

(i)

the notice is withdrawn:

(ii)

the House disposes of the motion:

(iii)

Parliament is dissolved or expires.

(2)

Legislation disallowed under this section ceases to have effect on the later of—

(a)

the deadline; and

(b)

any date stated in the notice of motion as the date on which the legislation ceases to have effect.

(3)

In this section, the deadline is the close of the 21st sitting day after the giving of the notice of motion.

Compare: 2012 No 119 s 43

117 Effect of disallowance on legislation

(1)

If secondary legislation, or a provision of secondary legislation, is disallowed under section 115 or 116, the following applies:

(a)

the disallowance has the same effect as a revocation of the secondary legislation or provision (except as set out in this section):

(b)

any other legislation that was previously amended, repealed, or revoked by the legislation or provision is restored or revived as it was immediately before it was amended, repealed, or revoked:

(c)

the restoration or revival takes effect at the time the disallowed legislation ceases to have effect.

(2)

This section alters the effect of section 31 (which relates to the effect of repeal generally).

Compare: 2012 No 119 ss 44, 45

118 House of Representatives may amend, revoke, or replace secondary legislation

(1)

The House of Representatives may amend, revoke, or replace any secondary legislation to which this subpart applies by resolution.

(2)

The amendment, revocation, or replacement takes effect on the later of—

(a)

the 28th day after a copy of the resolution is published; and

(b)

any date stated in the resolution as the date on which it takes effect.

(3)

Secondary legislation that is amended or replaced by resolution of the House of Representatives may be disallowed as if the amendment or replacement were made by the maker of the secondary legislation (despite section 114(a)).

Compare: 2012 No 119 s 46

119 Resolution or motion is secondary legislation

(1)

A copy of a resolution or a notice of motion that (whether itself or as a result of section 116) disallows, amends, revokes, or replaces secondary legislation under this subpart is secondary legislation (and must be published under this Act see Part 3 for publication requirements).

(1A)

For that purpose, the Clerk of the House of Representatives must lodge the copy or notice with the PCO for publication under Part 3.

(1A)

For that purpose, the Clerk of the House of Representatives must lodge a copy of the resolution or notice of the motion with the PCO, and the PCO must publish it as if it had been drafted by the PCO, under section 68(3).

(2)

However, sections 115(2) and 116(2) apply even if the copy or notice is not yet published.

Compare: 2012 No 119 s 47

Subpart 3—Confirmation

120 Definitions used in this subpart

In this subpart,—

deadline means,—

(a)

for legislation that is made on or after 1 January but before the close of 30 June in the same year, the close of 30 June in the next year:

(b)

for legislation that is made on or after 1 July but before the close of 31 December in the same year, the close of 31 December in the next year

unconfirmed legislation means legislation that is not confirmed on or before the deadline.

121 What secondary legislation must be confirmed under this subpart

(1)

This subpart applies to secondary legislation if it is made under an empowering provision listed in Schedule 4.

(2)

However, if that schedule limits which matters require confirmation under an empowering provision, this subpart applies to the secondary legislation only if it relates to those confirmable matters.

122 Secondary legislation must be confirmed by deadline (or otherwise will be revoked)

If secondary legislation to which this subpart applies is not confirmed on or before the deadline, the legislation is revoked on the deadline (if it is still in force).

Compare: 2012 No 119 s 47C

123 How to confirm secondary legislation

(1)

To confirm secondary legislation by a deadline for the purposes of this subpart,—

(a)

an Act must contain a provision to the effect that it confirms the legislation; and

(b)

the provision must commence on or before the deadline.

(2)

The later repeal of the Act or provision does not affect the confirmation (see section 31, which relates to the effect of repeal).

Compare: 2012 No 119 s 47E

124 Usual effect of revocation if not confirmed by deadline

(1)

If unconfirmed legislation is revoked by section 122, the following applies on and from the deadline:

(a)

any duties, levies, or road user charges imposed under the unconfirmed legislation are cancelled and, if paid, must be refunded (except as set out in subsection (2)); and

(b)

any other legislation that was previously amended, repealed, or revoked by the unconfirmed legislation is restored or revived (as it was immediately before it was amended, repealed, or revoked); and

(c)

the restoration or revival takes effect at the time the unconfirmed legislation is revoked; and

(d)

revocation of the unconfirmed legislation does not otherwise affect its previous operation or anything done or suffered under it.

(2)

Subsection (1)(a) does not apply to any of the following:

(a)

levies to which section 42C(3) or (4) of the Civil Aviation Act 1990 applies; or

(b)

orders made under section 5(1) of the Energy Resources Levy Act 1976; or

(c)

fees or charges to which section 270(4) to (6) of the Land Transport Act 1998 applies; or

(d)

levy rates set by regulations made under section 41(1)(e) of the Waste Minimisation Act 2008.

(3)

However, this section does not apply if the unconfirmed legislation is made under an empowering provision listed in Part 2 of Schedule 4.

Compare: 2012 No 119 ss 47G–47I

125 Effect on some legislation of not being confirmed by deadline (whether or not earlier revoked)

(1)

This section applies to unconfirmed legislation made under an empowering provision listed in Part 2 of Schedule 4 (whether it is revoked before the deadline or on the deadline by section 122).

(2)

The legislation is taken, on and from the deadline, to have been invalid for any previous period for which it purported to be in force.

Compare: 2012 No 119 s 47D

125A Confirmable secondary legislation must state this fact

(1)

The explanatory note of secondary legislation to which this subpart applies must—

(a)

state (or contain statements to the effect) that the legislation must be confirmed by an Act before the deadline and that, if it is not confirmed, it will be revoked on that deadline; and

(b)

state the deadline.

(2)

However, a failure to include those statements does not affect the validity of the secondary legislation.

Part 6 Parliamentary Counsel Office

126 Parliamentary Counsel Office continues

(1)

The Parliamentary Counsel Office is continued.

(2)

The Parliamentary Counsel Office is an instrument of the Crown and a separate statutory office under the Attorney-General’s control.

(3)

During any period when there is no Minister of the Crown who is Attorney-General, the Parliamentary Counsel Office is under the Prime Minister’s control.

Compare: 2012 No 119 s 58

Objective and functions of PCO

127 Objective of PCO

The objective of the PCO is to promote high-quality legislation that is easy to find, use, and understand and, to that end, to exercise stewardship of New Zealand’s legislation as a whole.

128 Functions of PCO

The functions of the PCO are—

(a)

to draft, publish, and consolidate legislation (including, where appropriate, with aids for users and supporting documents) for the purposes of Part 3:

(b)

to revise Acts in accordance with the current revision programme (as provided in subpart 3 of Part 3):

(c)

to examine all local Bills and private Bills, and those Members’ Bills that the Attorney-General directs be examined, and to report to the Attorney-General on their effect (in particular, on whether they affect the rights of the Crown or the public and on their relationship to other legislation):

(d)

to advise departments and agencies on the drafting and publication of secondary legislation that is not drafted by the PCO:

(e)

to provide guidance and other support for, and keep under review, practices relating to the design, drafting, and publication of legislation:

(f)

to perform any other functions set out in this Act or any other legislation:

(g)

to perform the other functions relating to the drafting and publication of legislation that the Attorney-General directs be performed by the PCO.

Compare: 2012 No 119 s 59

129 Confidentiality

(1)

Confidential communications between a client of the PCO and the Chief Parliamentary Counsel (or between a client of the PCO and another counsel in the PCO) are subject to legal professional privilege.

(2)

However, nothing in this section limits or affects the rules and practice of the House of Representatives.

(3)

In this section,—

client includes a Minister of the Crown, a member of Parliament, a government department, an instrument of the Crown, a judicial officer, and a promoter of a local or private Bill

confidential communications includes—

(a)

drafting instructions received by the PCO and communications between any client of the PCO and any counsel in the PCO that relate to the subject matter of the instructions:

(b)

drafts of legislation prepared by or on behalf of the PCO

counsel includes a person who holds a legal qualification referred to in section 135(2) and is working for the PCO as a contractor or secondee in relation to the drafting of legislation.

Compare: 2012 No 119 s 61

Powers of Chief Parliamentary Counsel

130 Powers of Chief Parliamentary Counsel

The Chief Parliamentary Counsel has all the powers that are reasonably necessary or expedient to carry out the functions, duties, and powers imposed on the Chief Parliamentary Counsel by or under this Act or any other legislation.

Compare: 2012 No 119 s 62

131 Delegation of functions, duties, and powers

(1)

The Chief Parliamentary Counsel—

(a)

may, either generally or particularly, delegate in writing to any employee of the PCO any of the functions, duties, and powers of the Chief Parliamentary Counsel, including functions, duties, and powers delegated to the Chief Parliamentary Counsel under any legislation:

(b)

must ensure that an appropriate delegation is at all times in place under this section to enable a person to act in place of the Chief Parliamentary Counsel during any absence or incapacity of the Chief Parliamentary Counsel or during any vacancy in the office of Chief Parliamentary Counsel.

(2)

The person to whom any functions, duties, or powers are delegated may perform those functions, or exercise those duties or powers, in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.

(3)

Subsection (2) is subject to any general or special directions given or conditions imposed by the Chief Parliamentary Counsel.

(4)

A person purporting to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

(5)

A delegation may be made to—

(a)

a specified person or persons of a specified class; or

(b)

the holder or holders for the time being of a specified position, or of a specified class of positions.

(6)

No delegation affects or prevents the exercise of any function, responsibility, duty, or power by the Chief Parliamentary Counsel, or affects the responsibility of the Chief Parliamentary Counsel for the actions of any person acting under the delegation.

Compare: 2012 No 119 s 63

132 Revocation of delegations

(1)

A delegation under section 131 is revocable at any time in writing.

(2)

A delegation made by a Chief Parliamentary Counsel who has ceased to hold office continues to have effect as if made by the successor in office of that Chief Parliamentary Counsel.

Compare: 2012 No 119 s 65

Chief Parliamentary Counsel and employees of PCO

133 Chief Parliamentary Counsel

(1)

The Chief Parliamentary Counsel is the chief executive of the PCO and is responsible to the Attorney-General for—

(a)

carrying out the functions, duties, and powers of the PCO; and

(b)

the general conduct of the PCO; and

(c)

managing the activities of the PCO efficiently, effectively, and economically.

(2)

However, in matters relating to decisions on individual employees, the Chief Parliamentary Counsel is not responsible to the Attorney-General and must act independently.

(3)

The Chief Parliamentary Counsel—

(a)

must hold a legal qualification:

(b)

is appointed by the Governor-General on the recommendation of the Prime Minister:

(c)

holds office for the period, which may not exceed 7 years, that is specified in the instrument by which the Chief Parliamentary Counsel is appointed:

(d)

is eligible for reappointment from time to time:

(e)

may resign from office by written notice to the Attorney-General.

(4)

The Chief Parliamentary Counsel may at any time be removed or suspended from office by the Governor-General for inability to perform the functions of the office, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Governor-General.

Compare: 2012 No 119 s 66

134 Parliamentary counsel

(1)

The Chief Parliamentary Counsel may appoint such people to be parliamentary counsel as the Chief Parliamentary Counsel thinks necessary for the efficient performance or exercise of the functions, duties, and powers of the Chief Parliamentary Counsel and the PCO.

(2)

A parliamentary counsel must hold a legal qualification.

(3)

A parliamentary counsel is an employee for the purposes of the Employment Relations Act 2000.

Compare: 2012 No 119 s 67

135 Chief Parliamentary Counsel and parliamentary counsel to hold legal qualification

(1)

A person meets the qualification requirement in section 133(3)(a) for the office of Chief Parliamentary Counsel if the person—

(a)

is a lawyer as defined in section 6 of the Lawyers and Conveyancers Act 2006; or

(b)

is eligible to practise law in a country or jurisdiction specified by an Order in Council made under subsection (3); or

(c)

holds a qualification that the Attorney-General considers is sufficient for the position.

(2)

A person meets the qualification requirement in section 134(2) for a position as a parliamentary counsel if the person—

(a)

is a lawyer as defined in section 6 of the Lawyers and Conveyancers Act 2006; or

(b)

is eligible to practise law in a country or jurisdiction specified by an Order in Council made under subsection (3); or

(c)

holds a qualification that the Chief Parliamentary Counsel considers is sufficient for the position.

(2A)

To avoid doubt, sections 21 to 24 of the Lawyers and Conveyancers Act 2006 do not limit the use of the term “chief parliamentary counsel” or “parliamentary counsel” to describe persons appointed to those roles.

(3)

The Governor-General may, by Order in Council made on the recommendation of the Attorney-General, specify countries and jurisdictions for the purposes of subsections (1)(b) and (2)(b).

(4)

An order under this section is secondary legislation (and must be published under this Act).

(4)

An order under this section is secondary legislation (see Part 3 for publication requirements).

Compare: 2012 No 119 s 68

136 Other employees of PCO

(1)

The Chief Parliamentary Counsel may appoint such other employees as the Chief Parliamentary Counsel thinks necessary for the efficient performance or exercise of the functions, duties, and powers of the Chief Parliamentary Counsel and the PCO.

(2)

A person appointed under this section is an employee for the purposes of the Employment Relations Act 2000.

Compare: 2012 No 119 s 69

137 Remuneration and conditions of appointment of Chief Parliamentary Counsel

(1)

The Chief Parliamentary Counsel is paid the remuneration and allowances determined by the Remuneration Authority.

(2)

The terms and conditions of appointment of the Chief Parliamentary Counsel are determined from time to time by the Attorney-General unless otherwise provided in this Act.

Compare: 2012 No 119 s 70

138 Chief Parliamentary Counsel acts as employer

The Chief Parliamentary Counsel has all the rights, duties, and powers of an employer in respect of the parliamentary counsel and other employees for whom the Chief Parliamentary Counsel is responsible.

Compare: 2012 No 119 s 71

139 Collective agreements

(1)

The Chief Parliamentary Counsel must conduct any negotiations for a collective agreement under the Employment Relations Act 2000—

(a)

with a union of which employees are members; and

(b)

in consultation with the State Services Commissioner.

(2)

In this section, union has the meaning given to that term by section 5 of the Employment Relations Act 2000.

Compare: 2012 No 119 s 72

140 Employment principles

The Chief Parliamentary Counsel must operate a personnel policy that complies with the principle of being a good employer by following, as if the Chief Parliamentary Counsel were the chief executive of a department, sections 56 and 58 of the State Sector Act 1988.

Compare: 2012 No 119 s 73

141 Appointments on merit

In making an appointment under section 134 or 136, the Chief Parliamentary Counsel must give preference to the person who is best suited to the position.

Compare: 2012 No 119 s 74

142 Chief Parliamentary Counsel to establish procedure for notifying vacancies and appointments, and reviewing appointments

The Chief Parliamentary Counsel must put in place a procedure that provides for—

(a)

notifying any vacancy or prospective vacancy in a manner sufficient to enable suitably qualified people to apply for the position, except where it is impracticable to do so; and

(b)

notifying PCO employees of every appointment (other than the appointment of an acting, temporary, or casual employee) to a vacant position in the PCO; and

(c)

reviewing those appointments made to an advertised vacant position within the PCO that are the subject of any complaint by an employee of the PCO.

Compare: 2012 No 119 s 75

143 Secondments from elsewhere in State Services for developing senior leadership and management capability

Sections 141 and 142 of this Act do not apply to any secondment arranged under section 49 of the State Sector Act 1988.

Compare: 1988 No 20 s 49

144 Protection from liability

(1)

This section applies to the Chief Parliamentary Counsel and every employee of the PCO.

(2)

No proceeding may be brought against any person to whom this section applies for—

(a)

any liability of the PCO; or

(b)

any act done or omitted by the PCO, or by the person, in good faith in the performance or exercise (or intended performance or exercise) of the functions, duties, or powers of the PCO or the Chief Parliamentary Counsel.

Compare: 2012 No 119 s 76

Part 7 Regulations and miscellaneous provisions

Regulation-making powers

145 Regulations

(1)

The Governor-General may, by Order in Council made on the recommendation of the Attorney-General, make regulations for 1 or more of the following purposes:

Requirements for publication on and after main commencement date

(aa)

prescribing additional minimum legislative information for the purposes of the definition of that term in section 5(1):

(aaa)

prescribing information for the purposes of the obligation for the PCO to notify the making of secondary legislation in the Gazette under section 68:

(aaab)

prescribing minimum requirements for the manner in which secondary legislation, or a part of secondary legislation, must be published, notified, or otherwise made available for the purpose of the applicable publication requirements under section 74(1) (but only for empowering provisions that are enacted on or after the main commencement date):

(aaac)

prescribing any instrument of the Crown for the purposes of paragraph (d) of the definition of relevant central government entity in section 77 (as in force on the main commencement date):

Requirements for publication and lodgement for publication on and after publication commencement date

(aa)

prescribing additional minimum legislative information for the purposes of section 68A:

(aab)

requiring makers of secondary legislation not drafted by the PCO to lodge with the PCO for publication specified updates or corrections to minimum legislative information that is published under this Act:

(aac)

specifying, for the purposes of section 69(1A)(b)(1)(c), the secondary legislation for which a consolidation must be published under this Act if the legislation is amended:

(aad)

in respect of a consolidation required by regulations made under paragraph (aac), specifying, for the purpose of section 70(1), when the PCO must electronically publish the consolidation:

(a)

prescribing, for the purposes of any requirement for something to be lodged with the PCO for publication under this Act,—

(i)

by whom, when, where, and how the thing must be lodged (including, in the case of amendments, whether they must be lodged as amendments, as consolidations, or in both forms):

(ii)

the form, format, method, or medium that must be used in connection with the lodgement (which may be an electronic lodgement system):

(iii)

what information or other evidence or documents must be provided in connection with the thing that is lodged or the lodgement (including any certification or information, such as the date on which secondary legislation is made):

(iv)

requirements with which information, evidence, or documents that are provided in connection with lodgement must comply:

(v)

by whom, when, where, and how any updates or corrections must be made to the thing that must be lodged (and prescribing any other matters under this paragraph in relation to those updates or corrections):

(ab)

authorising the PCO to determine or prescribe, whether by notice or by setting the requirements of an electronic lodgment lodgement system, any of the matters under paragraph (a):

(b)

determining what lodgement requirements imposed under the regulations are the standard requirements for lodgement for the purposes of subsection (5)(a):

Exemptions relating to publication

(c)

exempting (on terms and conditions, if any) secondary legislation from any or all of—

(i)

the requirements to lodge and publish particular minimum legislative information:

(ii)

the requirements relating to lodgement and publication that are prescribed under paragraphs (aab) to (b):

(iii)

the prohibition on coming into force before publication under section 72, including to allow a period of exemption for things properly lodged with the PCO for publication generally or in specified circumstances:

(iv)

any other requirements as to how or when to lodge or publish under this Act:

(ca)

prescribing, for the purpose of section 77 75, minimum requirements for the manner in which secondary legislation, or a part of secondary legislation, must be published, notified, or otherwise made available if a partial publication exemption applies to it for the purpose of any publication exemptions:

Publication of official versions

(d)

imposing requirements or conditions concerning the manner in which official versions of legislation and minimum legislative information in electronic form are to be made available to the public under section 7871:

(e)

specifying features by which an electronic document or a printed document is identifiable as an official version for the purpose of section 78, including (without limitation) by—

(i)

imposing requirements or conditions as to the form of official versions of legislation:

(ii)

providing how official versions of legislation in an electronic form can be authenticated:

Fees

(f)

requiring the payment of fees and charges to the PCO to perform or exercise any function, duty, or power under this Act in relation to a discretionary publication request (and authorising the PCO not to act until a required amount is paid to it):

(g)

prescribing the amounts of those fees and charges or the manner in which those fees and charges are to be calculated:

(h)

authorising the PCO to require payment of any costs incurred by the PCO in connection with a discretionary publication request to the PCO:

(i)

authorising the PCO to waive or refund, in whole or in part and with or without conditions set by the regulations, payment of fees, charges, or costs:

Other matters

(ia)

providing for matters contemplated by subpart 2 of Part 1 of Schedule 1 (which deals with the transition to publication under this Act), including—

(i)

deadlines and classes of secondary legislation to which those deadlines apply:

(ii)

dates and classes of secondary legislation (which may include all secondary legislation that is not listed or published on a particular date) for the purposes of revocations under that subpart:

(iii)

any matters set out in paragraphs (aa) to (ca) that are relevant to minimum legislative information or secondary legislation that is lodged under that subpart:

(j)

providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.

(2)

The following are secondary legislation (and must be published under this Act)(see Part 3 for publication requirements):

(a)

regulations under this section:

(b)

a notice under subsection (1)(ab).

(3)

The Attorney-General must, before making a recommendation in relation to an exemption under subsection (1)(c),—

(a)

have regard to the purpose of this Act; and

(b)

be satisfied that there is good reason for granting the exemption that outweighs the interests of the public in having the requirement met; and

(c)

be satisfied that the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the exemption.

(4)

If the Attorney-General makes a recommendation in relation to an exemption under subsection (1)(c), the Attorney-General’s reasons for making the recommendation (including why the exemption is appropriate) must be published together with the regulations.

(4A)

The Attorney-General must, before making a recommendation in relation to regulations under subsection (1)(ia), have regard to the purpose of subpart 2 of Part 1 of Schedule 1 set out in clause 11 of that schedule.

(5)

In this section, discretionary publication request means any of the following requests to the PCO:

(a)

to publish secondary legislation that does not meet the prescribed standard requirements for lodgement:

(b)

to make an editorial change under subpart 2 of Part 3.

(6)

Any fee, charge, or cost payable to the PCO is recoverable by the PCO in any court of competent jurisdiction as a debt due to the PCO.

(7)

References to sections of this Act (or to terms) in subsection (1)(aac) to (ca) are to sections as in force (and to terms as defined) on and after the publication commencement date.

(8)

In this section, main commencement date and publication commencement date have the meanings set out in clause 2 of Schedule 1.

Review of revision programme provisions

146 Review of revision programme provisions after 30 June 2020

(1)

The Attorney-General must, as soon as practicable after 30 June 2020, require the Chief Parliamentary Counsel to prepare a report on—

(a)

the need for, and operation and effectiveness of, sections 58 to 61 and subpart 3 of Part 3 (and the corresponding provisions under the Legislation Act 2012); and

(b)

whether any amendments to any of those provisions are necessary or desirable.

(2)

The Attorney-General must ensure that the persons and organisations that the Attorney-General thinks appropriate are consulted during the preparation of the report about the matters to be considered in the report.

(3)

The Attorney-General must present a copy of the report to the House of Representatives as soon as practicable after the Attorney-General receives the report.

(4)

This provision section is repealed on 1 July 2021.

Compare: 2012 No 119 s 36

· · · · ·

Schedule 1 Transitional, savings, and related provisions

s 6

Contents

Part 1
Provisions relating to this Act as enacted
1General overview of this Part
2Definitions for this Part
Subpart 1—Interpretation and application of legislation
How provisions apply to existing and new legislation
3Part 2 of this Act applies to both existing and new legislation
4Exception for examples in existing legislation
5Exception for commencement of secondary legislation made before main commencement date
Savings of previous definitions for certain legislation
6Saving of definitions for pre-1 November 1999 legislation
7Saving of definitions for legislation made before main commencement date
8Savings of previous Proclamations
9Savings of material incorporated by reference under Legislation Act 2012
10How Abolition of Provinces Act 1875 affects provincial legislation
Subpart 2—Transition for secondary legislation to new publication requirements
11Purpose
12Outline of transition to Part 3 publication
13Definition of secondary legislation is effective on main commencement date for all legislation
13AExisting requirements continued as applicable publication requirements on main commencement date
14Maker must lodge minimum legislative information before list deadline (step 1) (if clause applies)
15Maker must lodge secondary legislation for full publication before publication deadline (step 2)(if clause applies)
16Publication of information and secondary legislation to which this subpart applies
17Application of subpart 1 of Part 3 of this Act
Other transitional matters
19Transitional regulation-making power to clarify or correct legislative status of instruments
19ATransitional application of publication responsibilities
19BPower to reassign responsibilities of secondary legislation’s maker
19CCommencement orders for existing Acts are secondary legislation
Subpart 3—General drafting and publication matters
Drafting responsibilities
20PCO’s responsibility for drafting secondary legislation
20APCO may continue to draft and publish other instruments
Official versions
22How power to issue official versions applies to previous or existing legislation
23How legal status of previous official versions applies
24Previous printed official versions continue until new official version issued
Correcting errors and making other editorial changes
25How power to make editorial changes applies to legislation published under old publication requirements
Revision Bill provisions
26Provisions on revision Bills apply also to previous revision Bills
Subpart 4—Disclosure requirements for Government-initiated legislation
27Disclosure requirements apply only to Bills introduced after Part 4 commencement date
28Ministers may perform duties before Part 4 commencement date
Subpart 5—Parliament’s oversight of secondary legislation
Presentation to House of Representatives
28ALimited application of presentation requirements to secondary legislation made before publication deadline
Disallowance
28BOld disallowance provisions continue to apply to existing notices of motion, etc
Confirmation
29Old confirmation provisions continue to apply to existing confirmable instruments
Subpart 6—Parliamentary Counsel Office
30Saving for existing appointment

Part 1 Provisions relating to this Act as enacted

1 General overview of this Part

This Part contains transitional and savings provisions as follows:

(a)

clause 2 provides definitions:

(b)

subpart 1 relates to the interpretation principles and rules in Part 2 of this Act:

(c)

subpart 2 relates to new and existing secondary legislation and when it and its minimum legislative information must be published under Part 3 of this Act:

(d)

subpart 3 relates to general drafting and publication matters in Part 3 of this Act:

(e)

subpart 4 relates to disclosure statement matters in Part 4 of this Act:

(f)

subpart 5 relates to Parliament’s oversight of secondary legislation under Part 5 of this Act:

(g)

subpart 6 relates to the PCO under Part 6 of this Act.

2 Definitions for this Part

In this Part,—

list deadline, for secondary legislation, is the deadline that applies to it under clause 14(5)

list exemption means an exemption of that type that is, on and after the publication commencement date, referred to in section 68(2)

main commencement date means the date on which section 155 of Parts 8 to 10 of the Legislation Act 2017 (which repeals the Legislation Act 2012) comes into force

publication commencement date means the date on which section 161 of Parts 8 to 10 of the Legislation Act 2017 comes into force (which brings into force the amendments requiring centralised publication as set out in Schedule 7 of Parts 8 to 10 of the Legislation Act 2017)

publication exemption means an exemption of that type that is, on and after the publication commencement date, referred to in section 68(2)

publication deadline, for secondary legislation, is the deadline that applies to it under clause 15(5)

regulations has the meaning set out in clause 11(2).

Subpart 1—Interpretation and application of legislation

How provisions apply to existing and new legislation

3 Part 2 of this Act applies to both existing and new legislation

(1)

Part 2 of this Act applies to—

(a)

legislation whether it is enacted or made before, on, or after the main commencement date; and

(b)

anything that was an enactment under the Interpretation Act 1999 at the time it was made (or an amendment to that enactment made at any time).

(2)

This clause is subject to the rest of this subpart.

4 Exception for examples in existing legislation

(1)

Section 23 does not apply to an example provided in legislation that is enacted or made before the main commencement date (or an amendment, after that date, to that legislation).

(2)

This clause applies unless—

(a)

the legislation provides otherwise; or

(b)

the context of the legislation requires a different interpretation.

5 Exception for commencement of secondary legislation made before main commencement date

Section 25 does not apply to secondary legislation made before the main commencement date (and section 9 of the Interpretation Act 1999 applies instead).

Savings of previous definitions for certain legislation

6 Saving of definitions for pre-1 November 1999 legislation

(1)

In legislation enacted or made before 1 November 1999 (or an amendment, after that date, to that legislation),—

Act includes rules and regulations (within the meaning of those terms as used in the Acts Interpretation Act 1924) made under the Act

Governor means the Governor-General

land includes messuages, tenements, hereditaments, houses, and buildings unless there are words to exclude houses and buildings, or to restrict the meaning to tenements of some particular tenure

person includes a corporation sole, and also a body of persons, whether corporate or unincorporate.

(2)

This clause applies to legislation unless—

(a)

the legislation provides otherwise; or

(b)

the context of the legislation requires a different interpretation.

Compare: 1999 No 85 s 30

7 Saving of definitions for legislation made before main commencement date

(1)

In legislation enacted or made before the main commencement date (or an amendment, after that date, to that legislation), regulations has the meaning set out in section 29 of the Interpretation Act 1999 (as in force immediately before that date).

(2)

This clause applies to legislation unless—

(a)

the legislation provides otherwise; or

(b)

the context of the legislation requires a different interpretation.

8 Savings of previous Proclamations

A Proclamation published in the Gazette before the main commencement date continues to be a proclamation for the purposes of section 13.

9 Savings of material incorporated by reference under Legislation Act 2012

(1)

Material incorporated by reference under subpart 2 of Part 3 of the Legislation Act 2012 must be treated as if—

(a)

it were incorporated by reference under section 63 of this Act; and

(b)

any notice given under section 52(2) of the Legislation Act 2012 as to where the material is available for inspection and purchase is public notice as to where it is publicly available for the purposes of clause 2(a) of Schedule 2 of this Act.

(2)

The chief executive may make it publicly available in another way permitted by Schedule 2 of this Act if the chief executive gives public notice as required by clause 2 of that schedule.

10 How Abolition of Provinces Act 1875 affects provincial legislation

Section 26 of the Acts Interpretation Act 1908 as set out in Schedule 2 of the Acts Interpretation Act 1924 continues to apply despite its repeal.

Compare: 1999 No 85 s 38(2)

Subpart 2—Transition for secondary legislation to new publication requirements

11 Purpose

(1)

The purpose of this subpart is to—

(a)

provide for orderly transitional arrangements for the application of this Act to secondary legislation that is not published on the legislation website at the main publication commencement date; and

(b)

otherwise clarify the Act’s application to secondary legislation.

(2)

See also section 145(1)(ia), which provides for regulations to be made for the purposes of this subpart (the regulations).

12 Outline of transition to Part 3 publication

(1)

The transition of secondary legislation to publication under Part 3 applies as follows:

(a)

on the main commencement date,—

(i)

the definition of secondary legislation set out in this Act will apply (see clause 13); and

(ii)

amendments will be made, by another Act, to identify empowering provisions that empower the making of secondary legislation; and

(iii)

instruments made under those empowering provisions will be secondary legislation for the purposes of this Act (for example, for interpretation and disallowance purposes); but

(iv)

existing publication requirements previously set out in the empowering legislation will generally continue to apply to the secondary legislation at that time under Part 3 (see sections 73 and 74, as in force on the main commencement date, and clause 13A); and

(b)

after the main on the publication commencement date, Part 3 is amended (see Schedule 7 of Parts 8 to 10 of the Legislation Act 2017) and this subpart and the regulations provide for an orderly transition of secondary legislation to the publication requirements set out in this Act as follows:

(ia)

Part 3’s requirements for makers to lodge secondary legislation and minimum legislative information with the PCO for publication apply, but are modified by the list exemptions and publication exemptions in clauses 14 and 15, as set out below; and

Step 1 List deadline step (clause 14)

(i)

until the list deadline set by or under this subpart, a complete publication list exemption applies, and the existing publication requirements generally continue to apply, under clause 14 despite the publication commencement date; but

(ii)

minimum legislative information for classes of secondary legislation will be required to be lodged with the PCO by that list deadline (so that a complete list of secondary legislation may be published on the legislation website); and

(iii)

on the list deadline, the list exemption ceases and, after that, minimum legislative information for both existing and new secondary legislation must be lodged with the PCO for publication under Part 3; and

(iii)

on and from the list deadline until the publication deadline under step 2, a partial publication exemption applies (so that the text of the secondary legislation is not published on the legislation website); and

(iv)

after a date set under this subpart, secondary legislation that is not listed may be revoked; and

Step 2 Publication deadline step (clause 15)

(iva)

until the publication deadline set under this subpart, a publication exemption applies under clause 15 (so that the text of the secondary legislation need not be lodged with the PCO for publication); but

(v)

classes of secondary legislation will be required to be lodged with the PCO for publication by a the publication deadline set under this subpart; and

(via)

on the publication deadline, the publication exemption ceases and, after that, both existing and new secondary legislation must be lodged with the PCO for publication under Part 3; and

(vi)

after a date set under this subpart, secondary legislation that is not published on the legislation website may be revoked.

(2)

This is a guide only to the general scheme and effect of this subpart.

13 Definition of secondary legislation is effective on main commencement date for all legislation

(1)

The definition of secondary legislation applies to an instrument regardless of whether it is made before, on, or after the main commencement date.

(1)

The definition of secondary legislation—

(a)

applies to an instrument regardless of whether it is made before, on, or after the main commencement date; and

(b)

extends to an instrument made under an identified empowering provision (see subclause (3)).

(2)

An instrument made before that date that is in force under a provision that empowers the making of secondary legislation (or, under the Royal prerogative), or under an identified empowering provision, becomes, on that the main commencement date, secondary legislation.

Examples
Instrument made under empowering provision before main commencement date

An order is made under section 100 of an Act before the main commencement date.

On the main commencement date, an amendment is made to section 100 by the Secondary Legislation Act so that it states that orders made under it are secondary legislation becomes identified as being a section under which secondary legislation is made.

The order is secondary legislation.

Instruments made under empowering provision if amendment passed but not yet in force

An order is made under section 120 of an Act after the main commencement date.

The Secondary Legislation Act has been passed, amending section 120. The amendment will result in section 120 stating that orders made under it are secondary legislation. However, the amendment has not yet come into force. Under subsection (3), section 120 is an identified empowering provision.

The order is secondary legislation.

In addition, section 120 may be changed, as an interim step before the full amendments come into force, so that it clearly states that orders made under it are secondary legislation (see subclauses (4) and (5)).

Instrument saved under empowering provision

An order is made under section 90 of a repealed Act. Section 90 was replaced by the section 100 referred to above.

The order continues in force as if it were made under section 100 (see section 35 of this Act and section 20 of the Interpretation Act 1999).

The order is secondary legislation.

(3)

For the purposes of this Act, a provision is an identified empowering provision if an amendment to the legislation (a secondary legislation amendment)—

(a)

has been passed or made that will result in the legislation stating that instruments under that provision are secondary legislation; but

(b)

that amendment is not yet in force.

(4)

The Chief Parliamentary Counsel may authorise the PCO to make the following changes to a version of legislation to show the effect of subclauses (1)(b) and (3), the rest of this schedule, and Part 3 in relation to identified empowering provisions:

(a)

changes to insert statements to make it clear that instruments made under identified empowering provisions are secondary legislation:

(b)

changes to insert, replace, or remove statements relating to listing, notification, publication, or presentation:

(c)

any other changes that are purely consequential on those changes.

(5)

Subpart 2 of Part 3 applies to those changes as if they were changes referred to in section 86, except that, for the purposes of ensuring that the secondary legislation amendments (and any other related amendments relating to listing, notification, publication, or presentation) are effective despite those changes,—

(a)

those changes must be treated as being revoked immediately before those secondary legislation amendments (and related amendments) come into force; and

(b)

section 89 (which deals with when editorial changes usually take effect) does not apply.

13A Existing requirements continued as applicable publication requirements on main commencement date

(1)

This clause applies, for the purposes of section 74(1)(a), to empowering provisions that are enacted before the main commencement date.

(2)

For the purposes of the applicable publication requirements under that paragraph (as in force on the main commencement date),—

(a)

the PCO may record and publish, as the applicable publication requirements for the empowering provision,—

(i)

the 1 or more requirements to publish, notify, or otherwise make available secondary legislation made under the empowering provision that applied, with the same or substantially the same effect, immediately before the main commencement date; and with

(ii)

any exemptions or limits on those requirements; and with

(iii)

any necessary modifications in light of other amendments made to the legislation on or after the main commencement date; and

(b)

the PCO must publish those applicable publication requirements, on the legislation website, by publishing either a link to the previous provision that set out that requirement or the record made under paragraph (a).

14 Maker must lodge minimum legislative information before list deadline (step 1) (if clause applies)

(1)

This clause applies to secondary legislation that is made before the list deadline that applies to it under subclause (5) (other than secondary legislation that is already published on the legislation website on the list deadline).

(1)

This clause applies to secondary legislation on and after the publication commencement date if—

(a)

it is made before the list deadline; and

(b)

it is not already required to be published by the PCO under Part 3 before that list deadline.

(2)

A complete publication exemption applies to the secondary legislation until the list deadline (see section 68(2)(b)).

(2)

Until the list deadline,—

(a)

a list exemption applies to the secondary legislation; and

(b)

the maker must continue to comply with the applicable publication requirements (to the extent required by section 73, as in force immediately before the publication commencement date); but

(c)

those applicable publication requirements are treated as satisfied if—

(i)

the minimum legislative information for the secondary legislation is, with the agreement of the PCO, instead lodged with the PCO for publication; and

(ii)

the maker complies with the minimum requirements for publication set by regulations made under this Act that are applicable (if any).

(3)

The maker must, before the list deadline, lodge the minimum legislative information for the secondary legislation with the PCO for publication in accordance with the regulations (unless the secondary legislation ceases to be in force before the list deadline).

(4)

The secondary legislation is revoked on a date specified in the regulations if—

(a)

its minimum legislative information is not lodged with the PCO for publication; and

(b)

it is of a class that is specified by the regulations as being revoked on that date.

(5)

The list deadline for the secondary legislation is—

(a)

the first anniversary of the main publication commencement date (unless paragraph (a) or (b) (b) or (c) applies); or

(b)

a deadline after the main publication commencement date and no later than the fifth anniversary of the main publication commencement date that is set by the regulations for the relevant class of secondary legislation; or

(c)

a deadline earlier than a deadline under paragraph (a) or (b) that is set by agreement between the maker and the Chief Parliamentary Counsel.

(6)

For the purposes of subclause (2)(b), in relation to the applicable publication requirements for secondary legislation with international transparency obligations,—

(a)

sections 75 to 77 continue to apply (as in force immediately before the publication commencement date):

(b)

any direction made under section 76 (or previously under section 36E(4) of the Legislation Act 2012) continues in force, and may continue to be amended or revoked as if section 76 were still in force:

(c)

any regulations made for the purposes of the definition of relevant central government entity continue in force, and may continue to be amended or revoked as if section 145(1)(aaac) were still in force.

15 Maker must lodge secondary legislation for full publication before publication deadline (step 2)(if clause applies)

(1)

This clause applies to secondary legislation that is made before the publication deadline that applies to it under subclause (5) (other than secondary legislation that is already published on the legislation website on the publication deadline).

(1)

This clause applies to secondary legislation on and after the publication commencement date if—

(a)

it is made before the publication deadline; and

(b)

it is not already required to be published by the PCO under Part 3 before that publication deadline.

(2)

A partial publication exemption applies to the secondary legislation on and from the list deadline until the publication deadline (see section 68(2)(a)) (see section 75, as in force on the publication commencement date, for the publication obligations that instead apply).

(3)

The maker must, before the publication deadline, lodge the secondary legislation with the PCO for publication in accordance with the regulations (unless the secondary legislation ceases to be in force before the publication deadline).

(4)

The secondary legislation is revoked on a date specified in the regulations if—

(a)

the legislation is not lodged with the PCO for publication; and

(b)

it is of a class that is specified by the regulations as being revoked on that date.

(5)

The publication deadline for secondary legislation is—

(a)

a deadline set by the regulations for the relevant class of secondary legislation; or

(b)

an earlier deadline set by agreement between the maker and the Chief Parliamentary Counsel.

16 Publication of information and secondary legislation to which this subpart applies

The PCO must publish the minimum legislative information, and the secondary legislation, that is lodged under this subpart when required to do so by the regulations (but need not do so before that time).

17 Application of subpart 1 of Part 3 of this Act

The following sections do not apply to minimum legislative information lodged, or required to be lodged, under clause 14 or secondary legislation lodged, or required to be lodged, under clause 15 (except as provided in the regulations):

(a)

section 70 (how and when PCO must publish legislation and consolidations of legislation):

(ab)

section 72 (secondary legislation does not commence until published):

(b)

any other sections of subpart 1 of Part 3 of this Act that are specified in the regulations.

Other transitional matters

19 Transitional regulation-making power to clarify or correct legislative status of instruments

(1)

The purpose of this clause is to facilitate an orderly implementation of this Act by enabling amendments that—

(a)

ensure that instruments are secondary legislation under this Act if they have, or any part of them has, legislative effect (and exclude instruments from being secondary legislation if no part of them has legislative effect); and

(b)

are consistent with the purpose of this Act.

(2)

The Governor-General may, by Order in Council made on the recommendation of the Attorney-General,—

(a)

declare that instruments made under a provision of an Act legislation are secondary legislation or are excluded from being secondary legislation; and

(b)

make any 1 or more of the following amendments to that Act legislation to give effect to that declaration or exclusion:

(i)

insert or repeal any statement to the effect that those instruments are secondary legislation (and must be published under this Act):

(ii)

in the case of an inclusion, repeal any requirement for those instruments to be published or notified by another means:

(iii)

in the case of an exclusion, insert a requirement for those instruments to be published or publicly notified, notified, or otherwise made available by another means:

(iv)

make any other amendment that is necessary for that purpose or that is purely consequential on other amendments authorised by this clause (for example, removing any reference to disallowable instruments).

(3)

The Attorney-General may make a recommendation under this clause only after—

(a)

consulting the committee of the House of Representatives that is responsible for the review of secondary legislation; and

(b)

having regard to the purpose of this clause.

(4)

An order under this clause is secondary legislation (and must be published under this Act).

(4)

An order under this clause is secondary legislation (see Part 3 for publication requirements).

(5)

This clause is repealed on the third anniversary of the main commencement date.

19A Transitional application of publication responsibilities

(1)

Section 68, and other publication or notification responsibilities for the PCO under Part 3 (as in force on the main commencement date), do does not apply to—

(a)

Bills that were introduced before 5 August 2013 (or amendments to those Bills):

(b)

Acts that ceased to be in force before 5 August 2013:

(c)

secondary legislation that ceases to be in force before the list deadline. 5 August 2013:

(d)

minimum legislative information for that secondary legislation.

(2)

Section 68, and other publication responsibilities for the PCO under Part 3 (as in force on and from the publication commencement date), continue to not apply to the things set out in subsection (1), but also do not apply to—

(a)

secondary legislation that ceases to be in force before the list deadline (and was not required to be published by the PCO before that date):

(b)

minimum legislative information for that secondary legislation.

(3)

Sections 75 to 77 (as in force on the main commencement date) do not apply to secondary legislation made before 30 December 2018.

(4)

Section 72 (as inserted by Schedule 7 of Parts 8 to 10 of the Legislation Act 2017) does not apply to any secondary legislation that is made before that section comes into force.

19B Power to reassign responsibilities of secondary legislation’s maker

(1)

The Attorney-General may authorise any department (within the meaning of section 2(1) of the Public Finance Act 1989) to meet, in relation to secondary legislation, an obligation under this Act that would otherwise fall have to be met by the legislation’s maker under this schedule.

(2)

An authorisation is made by written notice given to the department and, unless the department is the PCO, copied to the PCO.

(3)

Any authorisation under this section expires on the publication deadline set for that secondary legislation under the regulations.

19C Commencement orders for existing Acts are secondary legislation

(1)

This clause applies to an Act’s commencement provision if—

(a)

the Act is enacted before the main commencement date; and

(b)

the provision provides for all or part of the Act to be brought into force by Order in Council; and

(c)

the commencement provision does not state that a commencement order under the provision is secondary legislation.

(2)

A commencement order made under the provision is secondary legislation (and must be published under this Act).

(2)

A commencement order made under the provision is secondary legislation (see Part 3 for publication requirements).

Subpart 3—General drafting and publication matters

Drafting responsibilities

20 PCO’s responsibility for drafting secondary legislation

(1)

This clause applies to secondary legislation made under an empowering provision if, immediately before the main commencement date, section 59(2)(c) or (d) of the Legislation Act 2012 required the PCO to draft instruments made under that empowering provision.

(2)

The administering agency and the Chief Parliamentary Counsel are assumed to have agreed, for the purpose of section 66(d) of this Act, that the PCO will draft secondary legislation made under the provision.

(3)

Subclause (2) applies only until either party notifies the other that they do not agree or the parties reach a different agreement under section 66(d).

(4)

This clause does not apply to secondary legislation to which section 59(2)(a) or (b) of the Legislation Act 2012 applied.

20A PCO may continue to draft and publish other instruments

The PCO may, after the main commencement date, continue to draft and publish any instrument described in section 59(2) of the Legislation Act 2012 until the administering agency or the Chief Parliamentary Counsel notifies the other of an end date for the purposes of this clause.

Official versions

22 How power to issue official versions applies to previous or existing legislation

(1)

Section 78 applies to legislation regardless of when it is or was made, printed, or published.

(2)

An official electronic version of legislation that was issued under section 17 of the Legislation Act 2012 continues to be an official electronic version for the purposes of this Act (as if it were published under section 78).

23 How legal status of previous official versions applies

Section 18(3) of the Legislation Act 2012 continues to apply to regulations or a legislative instrument (as defined in that Act) to which it applied immediately before the main commencement date.

24 Previous printed official versions continue until new official version issued

(1)

This clause applies to every copy of legislation—

(a)

that purports to be printed and published (whether before or after the commencement of section 77(2) of the Legislation Act 2012) under the authority of the New Zealand Government; and

(b)

until an official electronic or printed version was or is issued under section 17 of the Legislation Act 2012 or section 78 of this Act.

(2)

Sections 16C and 16D of the Acts and Regulations Publication Act 1989 continue to apply to those copies despite the repeal of that Act.

Correcting errors and making other editorial changes

25 How power to make editorial changes applies to legislation published under old publication requirements

Subpart 2 of Part 3 of this Act applies to legislation whether published by the PCO under this Act or any corresponding previous Acts.

Revision Bill provisions

26 Provisions on revision Bills apply also to previous revision Bills

(1)

References in this Act to a revision Bill or a revision Act (or a revision programme) include a Bill or an Act that is prepared (or a revision programme) under subpart 3 of Part 2 of the Legislation Act 2012.

(2)

References in this Act to sections 58 to 61 or subpart 3 of Part 3 of this Act include subpart 3 of Part 2 of the Legislation Act 2012.

Subpart 4—Disclosure requirements for Government-initiated legislation

27 Disclosure requirements apply only to Bills introduced after Part 4 commencement date

Part 4 of this Act does not apply to—

(a)

a Government Bill introduced before the date on which Part 4 comes into force:

(b)

a Government amendment for a Bill referred to in paragraph (a) (regardless of whether the Government amendment is released before or after the date on which Part 4 comes into force).

28 Ministers may perform duties before Part 4 commencement date

(1)

The responsible Minister or the Attorney-General may perform a duty under section 106 or 109 before the date on which Part 4 comes into force.

(2)

This clause does not limit section 43.

Subpart 5—Parliament’s oversight of secondary legislation

Presentation to House of Representatives

28A Limited application of presentation requirements to secondary legislation made before publication deadline

(1)

Subpart 1 of Part 5 of this Act, which requires secondary legislation to be presented to the House of Representatives,—

(a)

applies to secondary legislation made on or after the main commencement date if, before that date, instruments made under the same empowering provision were—

(i)

legislative instruments; or

(ii)

instruments stated by an Act to be disallowable instruments for the purposes of the Legislation Act 2012; and or

(iii)

expressly required to be presented to the House of Representatives; and

(b)

applies to other secondary legislation only if it is made after its publication deadline or it is required to be published by the PCO under this Act.

(2)

Subclause (1)(a) does not affect any requirement for the legislation to be presented to the House of Representatives that applied when the secondary legislation was made.

Disallowance

28B Old disallowance provisions continue to apply to existing notices of motion, etc

Subpart 1 of Part 3 of the Legislation Act 2012 continues to apply to a notice of motion to disallow or amend a disallowable instrument (as defined in that Act) that is given, and not withdrawn or disposed of, before the main commencement date.

Confirmation

29 Old confirmation provisions continue to apply to existing confirmable instruments

Subpart 1A of Part 3 of the Legislation Act 2012 continues to apply to a confirmable instrument (as defined in section 47B of that Act) that was made before the main commencement date.

Subpart 6—Parliamentary Counsel Office

30 Saving for existing appointment

The Chief Parliamentary Counsel holding office under section 66 of the Legislation Act 2012 continues to hold that office under section 133 of this Act.

Schedule 2 Incorporation by reference

ss 64, 65

1 Requirements to be met on proposal to incorporate material by reference

Before secondary legislation incorporating material by reference in reliance on section 63 is made, the chief executive of the administering agency must—

(a)

give public notice of the proposal to incorporate the material, of the reasons for the proposal, and of how the material has been made publicly available; and

(b)

ensure that copies of the proposed material are publicly available in that way; and

(c)

allow a reasonable opportunity for persons to comment on the proposal; and

(d)

after considering any comments made and having regard to the purpose of this Act, be satisfied that—

(i)

the secondary legislation clearly identifies the material incorporated; and

(ii)

the means of making the material publicly available is sufficient to enable persons to whom the law applies to find and obtain copies of the material incorporated with reasonable ease; and

(iii)

it is otherwise appropriate to incorporate the proposed material as part of the secondary legislation.

Compare: 2012 No 119 s 51

2 Access to material incorporated by reference

If an instrument incorporating material by reference in reliance on section 63 is made, the chief executive of the administering agency must—

(a)

give public notice of how the material is publicly available (or set this out in the secondary legislation); and

(b)

ensure that copies of the proposed material are publicly available in that way.

Compare: 2012 No 119 s 52

3 What is required to make material publicly available

(1)

A requirement to make material publicly available under this schedule is a requirement that—

(a)

the material is—

(i)

made available on (or via a link on) an Internet site maintained by or on behalf of the administering agency, free of charge, unless doing so would infringe copyright; or

(ii)

in any other case, available for inspection, free of charge, at a place notified on an Internet site maintained by or on behalf of the administering agency; and

(b)

the material is available for purchase, at a reasonable cost, from a place notified on an Internet site maintained by or on behalf of the administering agency; and

(c)

if the material is not in an official New Zealand language, an accurate translation in an official New Zealand language of the material is also available as set out in paragraphs (a) and (b).

(2)

A chief executive must not rely on section 66 of the Copyright Act 1994 as authority to make the proposed material available on an Internet site.

4 Proof of material incorporated by reference

(1)

A copy of material incorporated by reference in secondary legislation in reliance on section 63 must be—

(a)

certified as a correct copy of the material by the chief executive of the administering agency; and

(b)

retained by the chief executive.

(2)

The production in a proceeding of a copy of the material incorporated by reference that is certified as a correct copy by the chief executive is, in the absence of evidence to the contrary, sufficient evidence of the material incorporated by reference in the secondary legislation.

(3)

See also Part 4 of the Contract and Commercial Law Act 2017, which enables this requirement to be met by certifying and retaining a copy in an electronic form.

Compare: 2012 No 119 s 54

5 Material incorporated by reference need not be published under this Act or presented to House of Representatives

Subpart 1 of Part 3 and section 113 of this Act does do not apply to material that is incorporated by reference in secondary legislation in reliance on section 63 merely by virtue of the fact that because it is incorporated.

Compare: 2012 No 119 s 55(1)

6 Material incorporated by reference need not be presented to House of Representatives

Section 113 does not apply to material that is incorporated by reference in secondary legislation in reliance on section 63 merely because it is incorporated.

Compare: 2012 No 119 s 55(2)

7 Failure to comply does not invalidate

A failure to comply with this schedule does not invalidate secondary legislation that incorporates material by reference.

Compare: 2012 No 119 ss 51(5), 52(6)

Schedule 3 Secondary legislation excluded from exempted from presentation or disallowance under this Act

ss 113, 114

Part 1 Exemptions from presentation under section 113

There are no exemptions recorded on enactment (but exemptions may be recorded, by amendment or replacement of this schedule, before commencement of section 113).

Part 2 Exemptions from disallowance under section 114

There are no exemptions recorded on enactment (but exemptions may be recorded, by amendment or replacement of this schedule, before commencement of section 114).

ActEmpowering section(s)
Charities Act 200543
Civil Aviation Act 1990107(1)
Civil Defence Emergency Management Act 200239
Climate Change Response Act 2002224
Cluster Munitions Prohibition Act 200915(1)
Cluster Munitions Prohibition Act 2009 15(3)
Commerce Act 198652P
Commerce Act 198652W
Commerce Act 198653ZG
District Court Act 201660(1)(b)
District Court Act 201660(2)
Dog Control Act 199678A(1)
Electricity Industry Act 201090
Financial Reporting Act 201336A
Financial Reporting Act 201336D
Governor-General Act 20105
Governor-General Act 20106
Governor-General Act 20108
Hazardous Substances and New Organisms Act 199649B
Health Act 195669ZL(1)(j)(ii)
Health and Safety at Work Act 20157(5)
Health and Safety at Work Act 20158(2)
Health and Safety at Work Act 2015220 (if it is not a class exemption)
Immigration Act 200922(1)
Immigration Act 2009378
Insurance (Prudential Supervision) Act 201038
Insurance (Prudential Supervision) Act 201059
Insurance (Prudential Supervision) Act 201060(2A)
Insurance (Prudential Supervision) Act 2010119
Insurance (Prudential Supervision) Act 2010204(4)
Insurance (Prudential Supervision) Act 2010220(4)
Intelligence and Security Act 201742
Intelligence and Security Act 2017206
Land Transport Management Act 200366(1)
Members of Parliament (Remuneration and Services) Act 201317
Members of Parliament (Remuneration and Services) Act 201343
Members of Parliament (Remuneration and Services) Act 201344
Mines Rescue Act 201310(5)(b)
Misuse of Drugs Act 19754(1)
Misuse of Drugs Act 19754(1B)
Patents Act 2013172(2)
Public Safety (Public Protection Orders) Act 2014119(1)
Remuneration Authority Act 197712B(1)
Remuneration Authority Act 197712B(2)
Remuneration Authority Act 197716(1)
State Sector Act 198855B
Substance Addiction (Compulsory Assessment and Treatment) Act 2017116(1)
Telecommunications Act 200130M
Telecommunications Act 2001155ZH(4)
Telecommunications (Interception Capability and Security) Act 201329
Telecommunications (Interception Capability and Security) Act 201334
Telecommunications (Interception Capability and Security) Act 201349
Vulnerable Children Act 20147
Vulnerable Children Act 20148
Vulnerable Children Act 201418
Wellington Airport Act 19907(3)

Schedule 4 Secondary legislation subject to confirmation by Act

ss 121, 124, 125

Part 1 Legislation that needs to be confirmed by Act before deadline

ActEmpowering section(s)
Limits on what requires confirmation (if any)
Agricultural Compounds and Veterinary Medicines Act 199781E
Animal Products Act 1999118
Antarctica (Environmental Protection) Act 199455(2)
Arms Act 198374A(b)
Arms Act 198374A(c)
Arms Act 198374A(d)
Biosecurity Act 1993100L
Biosecurity Act 1993100ZB
Biosecurity Act 1993137
Biosecurity Act 1993150
Civil Aviation Act 199042A
Climate Change Response Act 2002162(1)
Climate Change Response Act 2002202(1)
Commodity Levies Act 19904 (apart from, or with, section 305 of the Fisheries Act 1996, or section 111 of the Wine Act 2003)
Contract and Commercial Law Act 2017239(2)Only if the order makes an addition to Schedule 5
Criminal Procedure Act 2011387(1)(i)
Criminal Procedure Act 2011387(1)(j)
Customs and Excise Act 201896
Customs and Excise Act 2018cl 20 of Schedule 3
Customs and Excise Act 2018cl 21 of Schedule 3
Customs and Excise Act 2018cl 23 of Schedule 3Only if the order increases a rate of duty
Education Act 19892(4)
Education Act 1989159(4)
Energy (Fuels, Levies, and References) Act 198933(1)
Energy Resources Levy Act 19765(1)
Fisheries Act 199674(7)
Food Act 2014207
Forests Act 194967ZM
Gambling Act 2003319(1)
Industry Training and Apprenticeships Act 199226(1)
KiwiSaver Act 200665(1)
Land Transport Act 1998269, 269A, and 270 and 269AOnly if the regulations prescribe fees or charges that are identified, or are to be treated, as land transport revenue for the purposes of the Land Transport Management Act 2003
Land Transport Management Act 200365ZJ(1)
Maritime Security Act 200478(4)(b)
National Animal Identification and Tracing Act 201262
National Animal Identification and Tracing Act 201267(2)
New Zealand Superannuation and Retirement Income Act 200115(2)
New Zealand Superannuation and Retirement Income Act 200130(2)
Parental Leave and Employment Protection Act 198771O and 73(1)(ad)
Parental Leave and Employment Protection Act 198773(1)(ae)
Petroleum Demand Restraint Act 19814(1)
Policing Act 200827(1)
Primary Products Marketing Act 19533(1)
Reserve Bank of New Zealand Act 1989152 and 173Only if the regulations confer on the Bank, or a statutory manager of a registered bank, ancillary or additional powers necessary or desirable for the purposes of Part 5
Road User Charges Act 201285(1)
Social Security Act 196461H(1) (apart from, or with, clause 3(6) of Schedule 32)
Social Security Act 196461HA(2) (apart from, or with, clause 3(6) of Schedule 32)
Social Security Act 196461I(1)
Social Security Act 2018423(1)(c)
Social Security Act 2018452(1) (apart from, or with, clause 55(6) of Schedule 1)
Tariff Act 19889
Tax Administration Act 1994225B(1)(a)
Tax Administration Act 1994225B(1)(b)
Veterans’ Support Act 2014190(2)
Waste Minimisation Act 200841(1)(e)
Wine Act 200389

Part 2 Legislation that has no previous effect if not confirmed by deadline

ActSection
New Zealand Superannuation and Retirement Income Act 200115(2)
New Zealand Superannuation and Retirement Income Act 200130(2)
Social Security Act 196461H(1) (apart from, or with, clause 3(6) of Schedule 32)
Social Security Act 196461HA(2) (apart from, or with, clause 3(6) of Schedule 32)
Social Security Act 196461I(1)
Social Security Act 2018423(1)(c)
Social Security Act 2018452(1) (apart from, or with, clause 55(6) of Schedule 1)
Veterans’ Support Act 2014190(2)

· · · · ·

Legislative history

20 June 2017

Introduction (Bill 275–1)

5 December 2017

First reading and referral to Justice Committee

1 June 2018

Reported from Justice Committee (Bill 275–2)

15 October 2019

Second reading

16 October 2019

Committee of the whole House (Divided from Bill 275–2 as Bill 275–3)