Legislation (Repeals and Amendments) Bill
Legislation (Repeals and Amendments) Bill
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Legislation (Repeals and Amendments) Bill
Legislation (Repeals and Amendments) Bill
(Divided from the Legislation Bill)
Government Bill
275—3A
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:
Legislation Bill comprising clauses 1 and 2, Parts 1 to 7, and Schedules 1 to 4
this Bill comprising Parts 8 to 10 and Schedules 5 and 7
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Hover your cursor over an amendment for information about that amendment. Download the PDF version to see this information in a form that can be printed out.
Hon David Parker
Legislation (Repeals and Amendments) Bill
Government Bill
275—3A
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Legislation (Repeals and Amendments) Act 2017.
2 Commencement
(1)
This Act comes into force as follows:
(a)
Part 8 and Schedule 5 (which contain interim amendments to the Legislation Act 2012 and other Acts) come 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 8 Interim amendments
147 Legislation Act 2012 amended
The Legislation Act 2012 is amended as set out in Part 1 of Schedule 5.
148 Other Acts amended
The Acts set out in Part 2 of Schedule 5 are amended as set out in that schedule.
149 Publication statement taken not to have been required
Copies or reprints of legislation published under the Legislation Act 2012 must be taken never to have been required to include a statement that they are published under the authority of the New Zealand Government (despite section 6(6) of that Act).
Part 9 Repeals, revocations, and related amendments
Subpart 1—Amendments relating to Part 2
Repeal of Interpretation Act 1999
150 Repeal of Interpretation Act 1999
The Interpretation Act 1999 (1999 No 85) is repealed.
Amendments to Imperial Laws Application Act 1988
151 Amendments to Imperial Laws Application Act 1988
Sections 152 and 153 amend the Imperial Laws Application Act 1988.
152 Section 4 amended (Other Imperial enactments and Imperial subordinate legislation not part of laws of New Zealand)
Repeal section 4(4).
153 New section 6A inserted (Application of Legislation Act 2017 to Imperial legislation)
After section 6, insert:
6A Application of Legislation Act 2017 to Imperial legislation
(1)
In For the purposes of the Legislation Act 2017 and all other legislation, Act must be treated as including an Imperial enactment that is part of the laws of New Zealand is an Act (as if it were an Act enacted by the Parliament of New Zealand).
(2)
In For the purposes of the Legislation Act 2017 and all other legislation, secondary legislation must be treated as including Imperial subordinate legislation that is part of the laws of New Zealand is secondary legislation (see the Legislation Act 2017 for publication requirements) (as if it were secondary legislation made under the authority of an Act enacted by the Parliament of New Zealand).
(3)
For the purposes of applying the Legislation Act 2017 and other legislation to Imperial enactments and Imperial subordinate legislation,—
(a)
if the effect of the Imperial enactment or Imperial subordinate legislation, as part of the laws of New Zealand, is modified, the modification must be treated as an amendment:
(b)
if the Imperial enactment or Imperial subordinate legislation ceases to have effect, as part of the laws of New Zealand, the cessation must be treated as a repeal or revocation:
(c)
an order made under section 81 of the Legislation Act 2017 in respect of any Imperial subordinate legislation—
(i)
does not revoke it; but
(ii)
declares that it ceases to have effect as part of the laws of New Zealand.
(4)
Subsections (1) to (3) apply unless—
(a)
the legislation provides otherwise; or
(b)
the context of the legislation requires a different interpretation.
Other consequential amendments relating to Part 2
154 Other consequential amendments relating to Part 2
The legislation set out in Schedule 6 is consequentially amended as set out in that schedule.
Subpart 2—Amendments relating to Part 3
Repeal of Legislation Act 2012
155 Repeal of Legislation Act 2012
The Legislation Act 2012 (2012 No 119) is repealed.
156 Some instruments revoked and others continue in effect
(1)
The Legislation (Publication) Order 2013 (SR 2013/244) is revoked.
(2)
However, the following instruments continue in effect (despite the repeal of the Legislation Act 2012) as if made under the following provisions of this ActParts 1 to 7 of the Legislation Act 2017:
(a)
Inland Revenue Department (Drafting) Order 1995 as if made under section 67:
(b)
Legislation (Recognition of Overseas Lawyers) Order 2014 as if made under section 135:
(c)
Legislation (Official Versions) Regulations 2015 as if made under section 145.:
(d)
any order made under section 36C(3) of the Legislation Act 2012 as if made under section 145(1)(aaac):
(e)
any direction given under section 36E(4) of the Legislation Act 2012 as if made under section 76.
Repeal of Reprint of Statutes Act 1931
156A Repeal of Reprint of Statutes Act 1931
The Reprint of Statutes Act 1931 (1931 No 13) is repealed.
Amendment to Local Government Act 2002
157 Amendment to Local Government Act 2002
Section 158 amends the Local Government Act 2002 (the principal Act).
158 New subpart 1A of Part 8 inserted
After section 161, insert:
Subpart 1A—Local authority legislation
161A What is local authority legislation
(1)
A bylaw that is made by a local authority or a council-controlled organisation is secondary legislation for the purposes of the Legislation Act 2017.
(2)
Any other instrument (whatever it is called) that is made by a local authority or a council-controlled organisation is secondary legislation for the purposes of the Legislation Act 2017 if it has significant legislative effect.
(3)
Subsection (1) applies whether or not the empowering legislation expressly states that the instrument is secondary legislation.
(4)
However, the secondary legislation—
(a)
for the purposes of the Legislation Act 2017, the secondary legislation has a presentation exemption (and so does not needs to be presented to the House of Representatives), only if unless the empowering legislation (or other legislation) expressly requires it (see section 113(2) of the Legislation Act 2017)presentation; and
(b)
the secondary legislation need not be published under the Legislation Act 2017 (see section 75 of the Legislation Act 2017); and
(c)
the secondary legislation is disallowable by the House of Representatives unless it is made by bylaws as defined by section 2 of the Bylaws Act 1910 (see section 114 of the Legislation Act 2017).
161B Instruments that have significant legislative effect
(1)
An instrument has a significant legislative effect for the purposes of this subpart if the effect of the instrument is to do both of the following:
(a)
create, alter, or remove rights or obligations; and
(b)
determine or alter the content of the law applying to the public or a class of the public.
(2)
For the purposes of subsection (1),—
(a)
an instrument that determines or alters the temporal application of rights or obligations must be treated as having the effect described in paragraph (a) of that subsection; and
(b)
an instrument that determines or alters the temporal application of the law applying to the public or a class of the public must be treated as having the effect described in paragraph (b) of that subsection.
(3)
In applying subsection (1), the following must be disregarded:
(a)
the description, form, and maker of the instrument:
(b)
whether all or a portion of the instrument needs to be confirmed by an Act:
(c)
whether the instrument also contains provisions that are administrative.
(4)
An instrument does not have a significant legislative effect if it explains or interprets rights or obligations in a non-binding way, as long as the instrument does not do anything else that would bring it within subsection (1).
(5)
An instrument that is made in the exercise of a statutory power and imposes obligations in an individual case does not determine or alter the content of the law just because the statutory power applies generally or to a class of persons.
161C Other supporting definitions
(1)
For the purposes of this subpart, an instrument that determines or alters the temporal application of rights or obligations includes (without limitation) one that does 1 or more of the following to the legislation that directly or indirectly confers or imposes those rights or obligations:
(a)
appoints or prescribes a date on which, or other time at which, they come into force:
(b)
defers the date on which, or other time at which, they apply or come into force:
(c)
suspends, or in any way cancels, for a period or until a time, their application or operation:
(d)
continues or extends (with or without a break), for a period or until a time, their application or operation:
(e)
defers the date on which, or other time at which, they are abolished, repealed, or revoked:
(f)
on a date, or at any other time, abolishes, repeals, or revokes them.
(2)
For the purposes of this subpart,—
obligations includes—
(a)
duties or liabilities:
(b)
obligations to comply with prohibitions:
(c)
ineligibility for rights, benefits, entitlements, interests, powers, or privileges
rights includes—
(a)
benefits, entitlements, interests, powers, or privileges:
(b)
eligibility for rights, benefits, entitlements, interests, powers, or privileges.
Amendment to Parliamentary Privilege Act 2014
159 Amendment to Parliamentary Privilege Act 2014
Section 160 amends the Parliamentary Privilege Act 2014 (the principal Act).
160 New subpart 6 of Part 4 inserted (Evidence of parliamentary journals)
In Part 4, after subpart 5, insert:
Subpart 6—Evidence of parliamentary journals
31A Copies of parliamentary journals to be evidence
(1)
This section applies to copies of the Journals of the Legislative Council or the House of Representatives of New Zealand that purport to be printed by the Government Printer or published under the House’s authority.
(2)
All courts and all persons acting judicially must admit those copies as evidence of the matters stated in them, without further proof that they were so printed or published.
Compare: 2012 No 119 s 19
Part 10 Amendments to Legislation Act 2017 for centralised publication requirements
161 Amendments to Legislation Act 2017
Amend the Legislation Act 2017 as set out in Schedule 7.
· · · · ·
Schedule 5 Interim amendments affecting operation of Legislation Act 2012
ss 147, 148
Part 1Amendments to Legislation Act 2012
Section 6
Repeal section 6(6).
Section 7
Repeal section 7.
Section 8
Repeal section 8.
Section 12
Replace section 12(2)(e) with:
(e)
information about ways that copies of the legislative instrument may be accessed or purchased:
Section 13
After section 13(2), insert:
(3)
See also clauses 12 and 16 of Schedule 1 of the Legislation Act 2017 if an Act requires that an instrument be published or notified in another way.
Section 25
After section 25(1)(k), insert:
(ka)
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.
Section 30
After section 30(4), insert:
(4A)
The Attorney-General may amend, or replace, the 3-yearly revision programme if the Attorney-General complies with subsections (3) and (4) (applied as if the amendment or replacement were the draft or programme).
Section 31
Repeal section 31(2)(i) to (k).
After section 31(2), insert:
(2A)
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 Orders in Council:
(ii)
include matters currently prescribed in secondary legislation by Order in Council 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.
(2B)
A revision Bill must not change the effect of the law, except as authorised by subsection (2A).
Section 33
In section 33(3)(b), replace “section 31(2)(i) or (j)”
with “section 31(2A)”
.
Section 61
Replace section 61(2) and (3) with:
(2)
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 (without limitation)—
(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 68(2) and is working for the PCO as a contractor or secondee in relation to drafting of legislation.
New section 75A
After section 75, insert:
75A Secondments from elsewhere in State services for developing senior leadership and management capability
Sections 74 and 75 do not apply to any secondment arranged under section 49 of the State Sector Act 1988.
Compare: 1988 No 20 s 49
Part 2Amendments to other Acts
Biosecurity Act 1993 (1993 No 95)
In section 57(8)(a), replace “publish a notice in the Gazette stating that the Governor-General has approved the direction and the date on which the Governor-General approved it”
with “publish in the Gazette the Order in Council approving the direction”
.
Civil Aviation Act 1990 (1990 No 98)
Replace section 28(7) with:
(7)
An ordinary rule (except for an ordinary rule made by an Order in Council under section 34A(1))—
(a)
is a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act; but
(b)
is not a legislative instrument for the purposes of the Legislation Act 2012 (see section 34(2) and (3) of this Act).
Replace section 31(4) with:
(4)
An emergency rule—
(a)
is a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act; but
(b)
is not a legislative instrument for the purposes of the Legislation Act 2012 (see section 35(2) to (4) and (5A) of this Act).
Replace section 34(2) with:
(2)
If an ordinary rule (except for an ordinary rule made by an Order in Council under section 34A(1)) is made under this Act, then subject to subsection (3),—
(a)
notice of the making of the rule must be given in the Gazette; and
(b)
the rule must be made available by the Authority for purchase by members of the public at a reasonable price; and
(c)
the notice must specify a place where the rule is available for inspection free of charge and for purchase.
In section 34A(4), replace “must be published”
with “must (despite section 34(2)) be notified and made available in accordance with section 34(2) and (3)”
.
Replace section 34A(6) with:
(6)
An Order in Council—
(a)
is a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act; but
(b)
is not a legislative instrument for the purposes of the Legislation Act 2012 (see subsection (4) and section 34(2) and (3) of this Act); and
(c)
is not to be drafted by the PCO under section 59(2)(a) of the Legislation Act 2012.
Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90)
After section 43(2), insert:
(3)
Subsection (4) consequentially amends the Legislation Act 2017.
(4)
In Schedule 4, Part 1, insert in its appropriate alphabetical order:
| Copyright Act 1994 | 234(qa) and (qb) |
Crown Minerals Act 1991 (1991 No 70)
Replace section 19(3) with:
(3)
A minerals programme—
(a)
is a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act; but
(b)
is not a legislative instrument for the purposes of the Legislation Act 2012 (see section 20 of this Act); and
(c)
is not to be drafted by the PCO under section 59(2)(a) of the Legislation Act 2012.
Customs and Excise Act 1996 (1996 No 27)
In section 76C(1)(b), replace “places designated under section 7 of the Legislation Act 2012” with “places specified in a notice given under subsection (5)”.
After section 76C(4), insert:
(5)
The chief executive must give notice in the Gazette stating that copies of the documents referred to in subsection (2) can (in accordance with subsection (1)(b)) be purchased at specified places.
Replace section 76D with:
76D Application of Legislation Act 2012
Orders in Council amending or modifying the Excise and Excise-equivalent Duties Table and made under section 77, 78, 79, or 79A—
(a)
are disallowable instruments for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act; but
(b)
are not legislative instruments for the purposes of the Legislation Act 2012 (see section 76C of this Act); and
(c)
are not to be drafted by the PCO under section 59(2)(a) of the Legislation Act 2012.
Customs and Excise Act 2018 (2018 No 4)
In Schedule 3, clause 17(1)(b), replace “places designated under section 7 of the Legislation Act 2012.”
with “places specified in a notice given under subsection (5).”
In Schedule 3, after clause 17(4), insert:
(5)
The chief executive must give notice in the Gazette specifying where copies of the documents referred to in subclause (2) can be purchased.
Fisheries Act 1996 (1996 No 88)
After section 302A(5), insert:
(5A)
A new notice is a disallowable instrument for the purposes of the Legislation Act 2012 (and must be presented to the House of Representatives under section 41 of that Act) only if the revoked notice is a disallowable instrument for the purposes of the Legislation Act 2012 under section 303 of this Act.
Replace section 303 with:
303 Application of Legislation Act 2012 to instruments given by notice in Gazette
An instrument that is required by or under this Act to be given by notice in the Gazette—
(a)
is not a legislative instrument for the purposes of the Legislation Act 2012, unless this Act expressly provides otherwise; and
(b)
is a disallowable instrument for the purposes of the Legislation Act 2012 (and must be presented to the House of Representatives under section 41 of that Act) only if it is made under 1 or more of the following sections of this Act:
(i)
sections 11(4), 15(5), and 16(1) (which relate to sustainability measures under Part 3):
(ii)
sections 17B(5), 18, 19(5), and 33(b) (which relates to the quota management system under Part 4):
(iii)
section 113ZD(3) (which relates to high seas fishing under Part 6A):
(iv)
sections 186A(1) and 186B(1) (which relate to taiapure-local fisheries and customary fishing under Part 9):
(v)
section 186M 186Q(4)(b) (which relates to aquaculture matters under Part 9A):
(vi)
section 192A(2) (which relates to restrictions on acquisitions of fish under Part 10):
(vii)
sections 265A(5) and section 271(1) (which relates to cost recovery under Part 14):
(viii)
sections 307, 312(3), and 313(1) (which relate to miscellaneous matters under Part 16):
(ix)
sections 341(5), 341(7), 368(6), 368A(5), 368A(8), 368A(11), and 369(6) (which relate to miscellaneous matters affecting quota under Part 17).
Inquiries Act 2013 (2013 No 60)
In section 6(2), after “Order in Council”, insert “published in the Gazette”.
Land Transport Act 1998 (1998 No 110)
In section 152A(4), replace “must be published”
with “must (despite section 161(3)) be notified and made available in accordance with section 161(3)”
.
Replace section 152A(6) with:
(6)
An Order in Council under subsection (1)—
(a)
is a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act; but
(b)
is not a legislative instrument for the purposes of the Legislation Act 2012 (see subsection (4), and section 161(3) of this Act); and
(c)
is not to be drafted by the PCO under section 59(2)(a) of the Legislation Act 2012.
Replace section 160(6) with:
(6)
An ordinary rule (except for an ordinary rule made by an Order in Council under section 152A(1))—
(a)
is a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act; but
(b)
is not a legislative instrument for the purposes of the Legislation Act 2012 (see section 161(3) of this Act).
Replace section 161(3) with:
(3)
If an ordinary rule (except for an ordinary rule made by an Order in Council under section 152A(1)) is made under this Act,—
(a)
notice of the making of the rule must be given in the Gazette; and
(b)
the rule must be made available for purchase by members of the public at a reasonable price; and
(c)
the notice must specify a place where the rule is available for inspection free of charge and for purchase.
Replace section 162(4) with:
(4)
An emergency rule—
(a)
is a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act; but
(b)
is not a legislative instrument for the purposes of the Legislation Act 2012 (see section 163(2) to (4) of this Act).
Replace section 165(7) with:
(7)
Part 2 of the Legislation Act 2012 does not apply to material incorporated by reference in a rule, or to an amendment to, or a replacement of, that material.
(8)
Nothing in section 41 of the Legislation Act 2012 requires material that is incorporated by reference in a rule to be presented to the House of Representatives.
Maritime Transport Act 1994 (1994 No 104)
Replace section 36A(2) with:
(2)
Any maritime rule or any amendment to a maritime rule made by Order in Council must (despite section 448(2)) be notified and made available in accordance with sections 448(2) and 449 as if the Minister had made the rule or the amendment to the rule.
(2A)
An Order in Council—
(a)
is a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act; but
(b)
is not a legislative instrument for the purposes of the Legislation Act 2012 (see subsection (2) and sections 448(2) and 449 of this Act); and
(c)
is not to be drafted by the PCO under section 59(2)(a) of the Legislation Act 2012.
Replace section 390A(2) with:
(2)
Any marine protection rule or any amendment to a marine protection rule made by Order in Council must (despite section 448(2)) be notified and made available in accordance with sections 448(2) and 449 as if the Minister had made the rule or the amendment to the rule.
(2A)
An Order in Council—
(a)
is a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act; but
(b)
is not a legislative instrument for the purposes of the Legislation Act 2012 (see subsection (2) and sections 448(2) and 449 of this Act); and
(c)
is not to be drafted by the PCO under section 59(2)(a) of the Legislation Act 2012.
Replace section 448(2) with:
(2)
If a rule is made under this Act (except for a rule made by an Order in Council under section 36A(1) or 390A(1)),—
(a)
notice of the making of the rule must be given by the Authority in the Gazette; and
(b)
the rule must be made available by the Authority for purchase by members of the public at a reasonable price; and
(c)
the notice must specify a place where the rule is available for inspection free of charge and for purchase.
In section 448(4), replace “Subject to section 449, every”
with “Every”
.
After section 448(4), insert:
(5)
Subsections (2) and (4) are subject to section 449.
Replace section 451(5A) and (6) with:
(6)
A rule made under this Act (except for a rule made by an Order in Council under section 36A(1) or 390A(1))—
(a)
is a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act; but
(b)
is not a legislative instrument for the purposes of the Legislation Act 2012 (see sections 448(2) and 449 of this Act).
Resource Management Act 1991 (1991 No 69)
In section 52(3)(a), replace “issue the statement by notice in the Gazette”
with “publish in the Gazette the Order in Council approving the statement”
.
After section 52(3), insert:
(4)
Orders in Council made under this section—
(a)
are disallowable instruments for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act; but
(b)
are not legislative instruments for the purposes of the Legislation Act 2012; and
(c)
are not to be drafted by the PCO under section 59(2)(a) of the Legislation Act 2012.
Tariff Act 1988 (1988 No 155)
In the heading to section 7C, replace “regulations”
with “
.Tariff amendment ordersOrders in Council”
Replace section 7G with:
7G Application of Legislation Act 2012 to provisions incorporated by reference: publication and disallowance
(1)
Part 2 of the Legislation Act 2012 does not apply to—
(a)
provisions incorporated by reference under section 7C of this Act; or
(b)
an amendment to, or replacement of, those provisions.
(2)
Subpart 1 of Part 3 of the Legislation Act 2012 applies to an Order in Council that incorporates provisions under section 7C of this Act.
(3)
However, material incorporated by reference under section 7C of this Act does not have to be presented to the House of Representatives under section 41 of the Legislation Act 2012.
(4)
This section must be treated as applying on and from 5 August 2013.
In section 9B(1)(b), replace “places designated under section 7 of the Legislation Act 2012”
with “places specified in a notice given under subsection (5)”
.
After section 9B(4), insert:
(5)
The chief executive must give notice in the Gazette stating that copies of the documents referred to in subsection (2) can (in accordance with subsection (1)(b)) be purchased at specified places.
Replace section 9C with:
9C Application of Legislation Act 2012
Orders in Council amending or modifying the Tariff made under section 9 or 10—
(a)
are disallowable instruments for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act; but
(b)
are not legislative instruments for the purposes of the Legislation Act 2012 (see section 9B of this Act); and
(c)
are not to be drafted by the PCO under section 59(2)(a) of the Legislation Act 2012.
Schedule 6 Consequential amendments
s 154
Part 1Amendments to Acts (interpretation matters)
Animal Products Act 1999 (1999 No 93)
Replace section 168B with:
168B Application of Legislation Act 2017 to material incorporated by reference
Subpart 1 of Part 3 and section 113 of the Legislation Act 2017 do not apply to material that is incorporated by reference in an instrument made under section 168 merely because it is incorporated.
Auckland Regional Amenities Funding Act 2008 (2008 No 3 (P))
In section 20(5)(b), delete “; and”.
Repeal section 20(5)(c).
Auditor Regulation Act 2011 (2011 No 21)
In section 92(2), replace “section 15 of the Interpretation Act 1999” with “section 48 of the Legislation Act 2017”.
Building Act 2004 (2004 No 72)
Replace section 411 with:
411 Application of Legislation Act 2017 to provisions incorporated by reference
Subpart 1 of Part 3 and section 113 of the Legislation Act 2017 do not apply to material that is incorporated by reference in an instrument made or issued under this Act merely because it is incorporated.
Care of Children Act 2004 (2004 No 90)
In section 17(3A)(b), replace “section 29A(2) of the Interpretation Act 1999” with “section 14(2) of the Legislation Act 2017”.
Civil Defence Emergency Management Act 2002 (2002 No 33)
Replace section 40 with:
40 Incorporation by reference
(1)
This section applies if section 63 of the Legislation Act 2017 is relied on to incorporate material by reference in a national civil defence emergency management plan.
(2)
When this section applies, sections 62 to 65 and Schedule 2 of the Legislation Act 2017 apply with the following modifications:
(a)
clause 1 of that schedule does not apply:
(b)
the rest of that schedule applies as if references to the chief executive were references to the Director.
Climate Change Response Act 2002 (2002 No 40)
Replace section 175 with:
175 Application of Legislation Act 2017 to provisions incorporated by reference
Subpart 1 of Part 3 and section 113 of the Legislation Act 2017 do not apply to material that is incorporated by reference in regulations merely because it is incorporated.
Commerce Act 1986 (1986 No 5)
In Schedule 5, replace clause 8 with:
8 Application of Legislation Act 2017 to material incorporated by reference
Subpart 1 of Part 3 and section 113 of the Legislation Act 2017 do not apply to material that is incorporated by reference in a Part 4 determination merely because it is incorporated.
Copyright Act 1994 (1994 No 143)
Replace section 27(1)(b) to (d) with:
(b)
any Act:
(c)
any secondary legislation:
In section 122A(4), replace “section 35(6) of the Interpretation Act 1999” with “section 55 of the Legislation Act 2017”.
Crimes Act 1961 (1961 No 43)
In section 413(a)(i) and (iii), replace “section 19 of the Interpretation Act 1999” with “section 33 of the Legislation Act 2017”.
Customs and Excise Act 2018 (2018 No 4)
Replace section 412(3) with:
(3)
Section 63(3) and Schedule 2 of the Legislation Act 2017 apply in relation to the incorporation in regulations of provisions under this section.
Electricity Act 1992 (1992 No 122)
In section 156A(3), replace “section 15 of the Interpretation Act 1999” with “section 48 of the Legislation Act 2017”.
In section 169(3), replace “Without limiting the Interpretation Act 1999, no” with “No”.
Electronic Identity Verification Act 2012 (2012 No 123)
In section 7, definition of organisation, paragraph (a), replace “section 29 of the Interpretation Act 1999” with “section 13 of the Legislation Act 2017”.
Evidence Act 2006 (2006 No 69)
In section 10(2), replace “the Interpretation Act 1999” with “Part 2 of the Legislation Act 2017”.
Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72)
Repeal sections 156 and 157.
Fisheries Act 1996 (1996 No 88)
In section 263(5), replace “Without limiting the Interpretation Act 1999, no” with “No”.
Repeal section 303(1)(a).
Food Act 2014 (2014 No 32)
In Schedule 6, replace clause 9 with:
9 Application of Legislation Act 2017 to material incorporated by reference
Subpart 1 of Part 3 and section 113 of the Legislation Act 2017 do not apply to material that is incorporated by reference in a specified document merely because it is incorporated.
Gas Act 1992 (1992 No 124)
In section 54(4), replace “Without limiting the Interpretation Act 1999, no regulation made under this section shall be” with “No regulation made under this section is”.
Greater Christchurch Regeneration Act 2016 (2016 No 14)
In section 4, definition of enactment, replace “section 29 of the Interpretation Act 1999” with “section 13 of the Legislation Act 2017”.
Health Act 1956 (1956 No 65)
Replace section 112ZM with:
112ZM Application of Legislation Act 2017 to standards incorporated by reference
Subpart 1 of Part 3 and section 113 of the Legislation Act 2017 do not apply to standards that are incorporated by reference in regulations merely because they are incorporated.
Replace section 137G with:
137G Application of Legislation Act 2017 to material incorporated by reference
Subpart 1 of Part 3 and section 113 of the Legislation Act 2017 do not apply to material that is incorporated by reference in this Act or in an instrument merely because it is incorporated.
Human Tissue Act 2008 (2008 No 28)
In Schedule 5, repeal clauses 7 and 8.
Hurunui/Kaikōura Earthquakes Recovery Act 2016 (2016 No 102)
In section 4(1), definition of enactment, replace “section 29 of the Interpretation Act 1999” with “section 13 of the Legislation Act 2017”.
Income Tax Act 2007 (2007 No 97)
In section AA 2(1), after “Diagrams”, insert “, examples,”.
In section AA 3, heading above subsection (2), replace “Interpretation Act 1999” with “Part 2 of Legislation Act 2017”.
In section AA 3(2), replace “The Interpretation Act 1999” with “Part 2 of the Legislation Act 2017”.
Insurance (Prudential Supervision) Act 2010 (2010 No 111)
In Schedule 1, replace clause 7 with:
7 Application of Legislation Act 2017 to material incorporated by reference
Subpart 1 of Part 3 and section 113 of the Legislation Act 2017 do not apply to material that is incorporated by reference in a specified instrument merely because it is incorporated.
Land Transport Act 1998 (1998 No 110)
Repeal section 165(7).
Local Government Act 2002 (2002 No 84)
Replace section 259I with:
259I Application of Legislation Act 2017 to standards incorporated by reference
Subpart 1 of Part 3 and section 113 of the Legislation Act 2017 do not apply to financial reporting standards that are incorporated by reference in regulations made under section 259(1)(dc) of this Act merely because they are incorporated.
Medicines Act 1981 (1981 No 118)
In Schedule 3, replace clause 6 with:
6 Application of Legislation Act 2017 to material incorporated by reference
Subpart 1 of Part 3 and section 113 of the Legislation Act 2017 do not apply to material that is incorporated by reference in regulations in reliance on section 105F of this Act merely because it is incorporated.
National Animal Identification and Tracing Act 2012 (2012 No 2)
In Schedule 3, replace clause 6 with:
6 Application of Legislation Act 2017 to material incorporated by reference
Subpart 1 of Part 3 and section 113 of the Legislation Act 2017 do not apply to material that is incorporated by reference in regulations merely because it is incorporated.
Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 (2014 No 52)
In Schedule 6, clause 16(2), replace “the Interpretation Act 1999” with “Part 2 of the Legislation Act 2017”.
Non-bank Deposit Takers Act 2013 (2013 No 104)
In Schedule 1, replace clause 7 with:
7 Application of Legislation Act 2017 to material incorporated by reference
Subpart 1 of Part 3 and section 113 of the Legislation Act 2017 do not apply to material that is incorporated by reference in regulations merely because it is incorporated.
Outer Space and High-altitude Activities Act 2017 (2017 No 29)
Replace section 89(7) and (8) with:
(7)
Subpart 1 of Part 3 and section 113 of the Legislation Act 2017 do not apply to material that is incorporated by reference in a rule merely because it is incorporated.
In section 89(9), replace “(8)” with “(7)”.
Parliamentary Privilege Act 2014 (2014 No 58)
In section 4(2), replace “the Interpretation Act 1999” with “Part 2 of the Legislation Act 2017”.
Patents Act 2013 (2013 No 68)
In section 269(4), replace “section 22 of the Interpretation Act 1999” with “section 37 of the Legislation Act 2017”.
Petroleum Demand Restraint Act 1981 (1981 No 12)
In section 5(3), replace “Section 24 of the Interpretation Act 1999” with “Section 39 of the Legislation Act 2017”.
In section 14(6), replace “section 14 of the Interpretation Act 1999” with “section 47 of the Legislation Act 2017”.
Plumbers, Gasfitters, and Drainlayers Act 2006 (2006 No 74)
In section 139(3), replace “section 15 of the Interpretation Act 1999” with “section 48 of the Legislation Act 2017”.
Property (Relationships) Act 1976 (1976 No 166)
In section 2D(1), replace “(whether a man and a woman, or a man and a man, or a woman and a woman)” with “(regardless of their sex, sexual orientation, or gender identity)”.
Radiocommunications Act 1989 (1989 No 148)
In sections 116(2) and 134(2), replace “Without limiting the Interpretation Act 1999, no regulation made under this section shall be” with “No regulation made under this section is”.
In Schedule 8, replace clause 6 with:
6 Application of Legislation Act 2017 to material incorporated by reference
Subpart 1 of Part 3 and section 113 of the Legislation Act 2017 do not apply to material that is incorporated by reference in regulations merely because it is incorporated.
Tariff Act 1988 (1988 No 155)
Replace section 9F(3) with:
(3)
Part 2 of the Legislation Act 2017 applies to the Tariff as if it were legislation.
In section 9F(4)(a) and (b), replace “the Interpretation Act 1999” with “Part 2 of the Legislation Act 2017”.
In section 16, replace “Without limiting the Acts Interpretation Act 1924, no Order in Council under this Act shall be” with “No Order in Council under this Act is”.
Tax Administration Act 1994 (1994 No 166)
After section 4A, insert:
4AB Status of examples
Examples are included in this Act only as an interpretational aid. If there is conflict between an example and a provision of this Act, the provision prevails.
Telecommunications Act 2001 (2001 No 103)
In section 69ZD(2), replace “section 16 of the Interpretation Act 1999” with “section 51 of the Legislation Act 2017”.
Trans-Pacific Partnership Agreement Amendment Act 2016 (2016 No 90)
Repeal Part 5.
Trans-Tasman Mutual Recognition Act 1997 (1997 No 60)
In section 2(2), replace “the Interpretation Act 1999” with “Part 2 of the Legislation Act 2017”.
Replace section 76(3) with:
(3)
Despite anything in Part 2 of the Legislation Act 2017, a reference to an Act in any schedule includes, unless the reference to the Act indicates otherwise, any secondary legislation, or other instrument, made or given under the Act.
Repeal 76(4)(a) and (b).
Trans-Tasman Proceedings Act 2010 (2010 No 108)
In section 4(1), definition of working day, paragraph (b), replace “section 29 of the Interpretation Act 1999” with “section 13 of the Legislation Act 2017”.
In section 58(2), replace “section 29 of the Interpretation Act 1999” with “section 13 of the Legislation Act 2017”.
Utilities Access Act 2010 (2010 No 98)
In the Schedule, replace clause 6 with:
6 Application of Legislation Act 2017 to material incorporated by reference
Subpart 1 of Part 3 and section 113 of the Legislation Act 2017 do not apply to material that is incorporated by reference in regulations merely because it is incorporated.
Wills Act 2007 (2007 No 36)
In section 6, definition of de facto relationship, replace “section 29A of the Interpretation Act 1999” with “section 14 of the Legislation Act 2017”.
Wine Act 2003 (2003 No 114)
Replace section 121B with:
121B Application of Legislation Act 2017 to material incorporated by reference
Subpart 1 of Part 3 and section 113 of the Legislation Act 2017 do not apply to material that is incorporated by reference in an instrument made under section 121 merely because it is incorporated.
Part 2Amendments to Acts (other matters)
Agricultural Compounds and Veterinary Medicines Act 1997 (1997 No 87)
Replace section 81L with:
81L Levy regulations must be confirmed by Parliament
The explanatory note of regulations made under section 81E must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
they need to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Animal Products Act 1999 (1999 No 93)
Replace section 125 with:
125 Levy regulations must be confirmed by Parliament
The explanatory note of regulations made under section 118 must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
they need to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Antarctica (Environmental Protection) Act 1994 (1994 No 119)
Replace section 55A with:
55A Regulations under section 55(2) must be confirmed by Parliament
The explanatory note of regulations made under section 55(2) must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
they need to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Arms Act 1983 (1983 No 44)
Replace section 74B with:
74B Certain orders relating to military style semi-automatic firearms must be confirmed by Parliament
The explanatory note of an order made under section 74A(b), (c), or (d) must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
it needs to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Biosecurity Act 1993 (1993 No 95)
Replace section 100S with:
100S Orders must be confirmed by Parliament
The explanatory note of a levy order made under section 100L must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
it needs to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Replace section 100ZH with:
100ZH Orders must be confirmed by Parliament
The explanatory note of a readiness or response levy order made under section 100ZB must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
it needs to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Replace section 138 with:
138 Orders must be confirmed by Parliament
The explanatory note of a levy order made under section 137 must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
it needs to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Replace section 151 with:
151 Emergency regulations must be confirmed by Parliament
The explanatory note of emergency regulations made under section 150 must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
they need to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Civil Aviation Act 1990 (1990 No 98)
Replace the heading to section 42C with “Orders must be confirmed by Parliament”.
Replace section 42C(1) and (2) with:
(1)
The explanatory note of the Order in Council must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
it needs to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
In section 42C(3), replace “Where an Order in Council made under section 42A is revoked by section 47C(1)(a) or (b) of the Legislation Act 2012” with “If an Order in Council made under section 42A is revoked under subpart 3 of Part 5 of the Legislation Act 2017”.
Climate Change Response Act 2002 (2002 No 40)
Replace section 162A with:
162A Orders must be confirmed by Parliament
The explanatory note of an Order in Council made under section 162(1) must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
it needs to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Replace section 202A with:
202A Orders must be confirmed by Parliament
The explanatory note of an Order in Council made under section 202(1) must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
it needs to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Commodity Levies Act 1990 (1990 No 127)
Replace section 12 with:
12 Orders must be confirmed by Parliament
(1)
The explanatory note of a levy order made under section 4 must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
it needs to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
(2)
The Minister must indicate the Minister’s intentions with regard to the levy order continuing in force by publishing a notice in the Gazette at least 6 months before the deadline referred to in subsection (1) (the 6-month date).
(3)
However, subsection (2) does not apply if the levy order has already been revoked, disallowed under subpart 2 of Part 5 of the Legislation Act 2017, or confirmed by an Act before the 6-month date.
Contract and Commercial Law Act 2017 (2017 No 5)
Replace section 239(3) with:
(3)
The explanatory note of an Order in Council made under subsection (2) that makes an addition to Schedule 5 must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
it needs to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Criminal Procedure Act 2011 (2011 No 81)
Replace section 387A with:
387A Regulations under section 387(1)(i) or (j) must be confirmed by Parliament
The explanatory note of regulations made under section 387(1)(i) or (j) must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
they need to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Customs and Excise Act 2018 (2018 No 4)
Replace section 96(10) with:
(10)
The explanatory note of an Order in Council made under this section must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
it needs to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
In Schedule 3, replace clause 24(2) with:
(2)
The explanatory note of the order must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
it needs to be confirmed by Act of Parliament by the time stated in the notice (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Education Act 1989 (1989 No 80)
Replace section 2(5) with:
(5)
The explanatory note of regulations made under subsection (4) must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
they need to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Replace section 159(5) with:
(5)
The explanatory note of regulations made under subsection (4) must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
they need to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Energy (Fuels, Levies, and References) Act 1989 (1989 No 140)
Replace section 33A with:
33A Levy regulations must be confirmed by Parliament
The explanatory note of regulations made under section 33(1) must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
they need to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Energy Resources Levy Act 1976 (1976 No 71)
Replace section 5A with:
5A Orders must be confirmed by Parliament
The explanatory note of an Order in Council made under section 5(1) must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
it needs to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Fisheries Act 1996 (1996 No 88)
Replace section 74A with:
74A Orders must be confirmed by Parliament
The explanatory note of an Order in Council made under section 74(7) must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
it needs to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Food Act 2014 (2014 No 32)
Replace section 214 with:
214 Levy regulations must be confirmed by Parliament
The explanatory note of regulations made under section 207 must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
they need to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Forests Act 1949 (1949 No 19)
Replace section 67ZT with:
67ZT Levy orders must be confirmed by Parliament
The explanatory note of a levy order made under section 67ZM must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
it needs to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Gambling Act 2003 (2003 No 51)
Replace section 319A with:
319A Problem gambling levy regulations must be confirmed by Parliament
The explanatory note of regulations made under section 319(1) must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
they need to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Industry Training and Apprenticeships Act 1992 (1992 No 55)
Replace section 51 with:
51 Orders must be confirmed by Parliament
(1)
The explanatory note of a levy order made under section 26(1) must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
it needs to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
(2)
The Minister on whose recommendation a levy order was made must indicate the Minister’s intentions with regard to the levy order continuing in force by publishing a notice in the Gazette at least 6 months before the deadline referred to in subsection (1) (the 6-month date).
(3)
However, subsection (2) does not apply if the levy order has already been revoked, disallowed under subpart 2 of Part 5 of the Legislation Act 2017, or confirmed by an Act before the 6-month date.
KiwiSaver Act 2006 (2006 No 40)
Replace section 65A with:
65A Orders must be confirmed by Parliament
The explanatory note of an Order in Council made under section 65 must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
it needs to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Land Transport Act 1998 (1998 No 110)
Replace section 270(2) with:
(2)
The explanatory note of relevant regulations must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
they need to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
In section 270(4), replace “If relevant regulations are revoked by section 47C(1)(a) or (b) of the Legislation Act 2012” with “If relevant regulations are revoked under subpart 3 of Part 5 of the Legislation Act 2017”.
In section 270(6), replace “If relevant regulations are revoked by section 47C(1)(a) or (b) of the Legislation Act 2012” with “If relevant regulations are revoked under subpart 3 of Part 5 of the Legislation Act 2017”.
Maritime Security Act 2004 (2004 No 16)
Replace section 78A with:
78A Orders must be confirmed by Parliament
The explanatory note of an Order in Council made under section 78(4)(b) must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
it needs to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
National Animal Identification and Tracing Act 2012 (2012 No 2)
Replace section 64 with:
64 Levy regulations must be confirmed by Parliament
The explanatory note of regulations made under section 62 must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
they need to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Replace section 68 with:
68 Orders must be confirmed by Parliament
The explanatory note of an Order in Council made under section 67(2) must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
it needs to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
New Zealand Superannuation and Retirement Income Act 2001 (2001 No 84)
Replace section 15A with:
15A Orders must be confirmed by Parliament
The explanatory note of an Order in Council made under section 15(2) must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
it needs to be confirmed by Act of Parliament by the time stated in the note (or will be invalid for its past operation, even if earlier revoked); and
(b)
the stated time is the applicable deadline under that subpart.
Replace section 30A with:
30A Orders must be confirmed by Parliament
The explanatory note of an Order in Council made under section 30(2) must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
it needs to be confirmed by Act of Parliament by the time stated in the note (or will be invalid for its past operation, even if earlier revoked); and
(b)
the stated time is the applicable deadline under that subpart.
Parental Leave and Employment Protection Act 1987 (1987 No 129)
Replace section 73A with:
73A Regulations must be confirmed by Parliament
(1)
This section applies to regulations if they are—
(a)
regulations made under sections 71O and 73(1)(ad); or
(b)
regulations made under section 73(1)(ae).
(2)
The explanatory note of the regulations must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
they need to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Petroleum Demand Restraint Act 1981 (1981 No 12)
Replace section 6A with:
6A Regulations must be confirmed by Parliament
The explanatory note of regulations made under section 4(1) must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
they need to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Policing Act 2008 (2008 No 72)
Replace section 27A with:
27A Orders must be confirmed by Parliament
The explanatory note of an Order in Council made under section 27(1) must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
it needs to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Primary Products Marketing Act 1953 (1953 No 10)
Replace section 4 with:
4 Regulations must be confirmed by Parliament
The explanatory note of regulations made under section 3(1) must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
they need to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Reserve Bank of New Zealand Act 1989 (1989 No 157)
Replace section 152A with:
152A Regulations must be confirmed by Parliament
(1)
This section applies to regulations made under both of sections 152 and 173, but only 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.
(2)
The explanatory note of the regulations must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
they need to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Road User Charges Act 2012 (2012 No 1)
Replace section 85A with:
85A Regulations must be confirmed by Parliament
The explanatory note of regulations made under section 85(1) must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
they need to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Social Security Act 1964 (1964 No 136)
Replace section 61IA with:
61IA Orders must be confirmed by Parliament
(1)
This section applies to an Order in Council made under section 61H, 61HA(2), or 61I(1) (including section 61H or 61HA(2) apart from, or with, clause 3(6) of Schedule 32).
(2)
The explanatory note of an Order in Council must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
it needs to be confirmed by Act of Parliament by the time stated in the note (or will be invalid for its past operation, even if earlier revoked); and
(b)
the stated time is the applicable deadline under that subpart.
Tariff Act 1988 (1988 No 155)
Replace section 11 with:
11 Orders in Council relating to Tariff must be confirmed by Parliament
The explanatory note of an Order in Council made under section 9 must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
it needs to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Tax Administration Act 1994 (1994 No 166)
Replace section 225BA with:
225BA Order under section 225B must be confirmed by Parliament
The explanatory note of an Order in Council made under section 225B(1)(a) or (b) must indicate that, under subpart 3 of Part of the Legislation Act 2017,—
(a)
it needs to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Veterans’ Support Act 2014 (2014 No 56)
Replace section 190A with:
190A Orders must be confirmed by Parliament
The explanatory note of an Order in Council made under section 190(2) must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
it needs to be confirmed by Act of Parliament by the time stated in the note (or will be invalid for its past operation, even if earlier revoked); and
(b)
the stated time is the applicable deadline under that subpart.
Waste Minimisation Act 2008 (2008 No 89)
Replace section 41A with:
41A Regulations under section 41(1)(e) must be confirmed by Parliament
The explanatory note of regulations made under section 41(1)(e) must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
it needs to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Wine Act 2003 (2003 No 114)
Replace section 96 with:
96 Levy regulations must be confirmed by Parliament
The explanatory note of regulations made under section 89 must indicate that, under subpart 3 of Part 5 of the Legislation Act 2017,—
(a)
they need to be confirmed by Act of Parliament by the time stated in the note (or will be revoked at that time); and
(b)
the stated time is the applicable deadline under that subpart.
Part 3Acts: general references to legislation
Accident Compensation Act 2001 (2001 No 49)
In section 28(7)(a), replace “any Act or regulations” with “any legislation”.
Age of Majority Act 1970 (1970 No 137)
In section 2, repeal the definition of Act.
In section 2, definition of enactment, replace “regulations or bylaws” with “secondary legislation”.
In section 2, repeal the definition of regulations.
Children, Young Persons, and Their Families Act 1989 (1989 No 24)
In section 2(1), definition of traffic offence, paragraphs (a) and (b), replace “any regulation, rule, or bylaw” with “any secondary legislation”.
Civil Defence Emergency Management Act 2002 (2002 No 33)
In section 24(2), replace “any other Act, regulation, or bylaw” with “any other legislation”.
Companies Act 1993 (1993 No 105)
In Schedule 7, clause 2(1)(a), replace “any Act or regulations” with “any legislation”.
Contract and Commercial Law Act 2017 (2017 No 5)
In section 70, definition of enactment, paragraph (a), replace “Act, regulations, rules, bylaws, Order in Council, or Proclamation” with “legislation”.
In section 70, definition of enactment, paragraph (b), replace “Act or regulations” with “legislation”.
Crimes Act 1961 (1961 No 43)
In section 2(1), definition of unlawful act, replace “any Act, regulation, rule, or bylaw” with “any legislation”.
Criminal Procedure Act 2011 (2011 No 81)
In section 375(2), replace “any regulation or bylaw” with “any secondary legislation”.
Criminal Records (Clean Slate) Act 2004 (2004 No 36)
In section 4, definition of traffic offence, paragraphs (a) and (b), replace “any regulation, rule, or bylaw” with “any secondary legislation”.
Crown Minerals Act 1991 (1991 No 70)
In section 9, replace “Acts, regulations, bylaws, and” with “legislation and other”.
Customs and Excise Act 1996 (1996 No 27)
In section 76G(2), replace “a regulation” with “secondary legislation”.
Declaratory Judgments Act 1908 (1908 No 220)
In section 3, replace “any statute, or any regulation made by the Governor-General in Council under statutory authority, or any bylaw made by a local authority” with “any legislation”.
In section 3, replace “such statute, regulation, bylaw” with “such legislation”.
Disputes Tribunals Act 1988 (1988 No 110)
In section 11(8), replace “any other instrument that has legislative effect and that is authorised by or pursuant to any Act” with “any secondary legislation”.
Dog Control Act 1996 (1996 No 13)
In section 5(2), replace “any regulations or bylaws” with “any secondary legislation”.
In section 52(2)(b), replace “any regulation or bylaw” with “any secondary legislation”.
In section 53(2), replace “any regulation or bylaw” with “any secondary legislation”.
In section 75(3), delete “or bylaw”.
Epidemic Preparedness Act 2006 (2006 No 85)
In section 4(2)(a), replace “subordinate legislation” with “secondary legislation”.
Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72)
In section 4(1), definition of existing interest, paragraph (a), replace “any Act or regulations” with “any legislation”.
Goods and Services Tax Act 1985 (1985 No 141)
In section 78(3), replace “any Act or by any legislative instrument (within the meaning of the Legislation Act 2012) or by any regulation (within the meaning of the Regulations Act 1936)” with “any legislation”.
In section 78(3)(a) and (b), replace “that Act or regulation” with “that legislation”.
In section 78(3), first proviso, replace “any such Act or regulation” with “any such legislation”.
In section 78(3), second proviso, replace “that Act or regulation” with “that legislation”.
In section 78(4), replace “Act or regulation” with “legislation”.
Human Rights Act 1993 (1993 No 82)
In section 128(2), replace “any Act or regulations” with “any legislation”.
Repeal section 133(4).
Inferior Courts Procedure Act 1909 (1909 No 13)
In section 5, replace “statutes, regulations, bylaws,” with “legislation”.
Insolvency Act 2006 (2006 No 55)
In section 275(1)(a), replace “any Act or regulations” with “any legislation”.
Judicial Review Procedure Act 2016 (2016 No 50)
In section 5(2)(a), replace “to make any regulation, rule, bylaw, or order, or to give any notice or direction that has effect as subordinate legislation” with “to make any secondary legislation”.
Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11)
In section 8(f)(i) and (iii), replace “any Act or regulations” with “any legislation”.
In section 10(1)(h)(i) and (ii), replace “any Act or regulations” with “any legislation”.
In section 12(g), replace “any Act or regulations” with “any legislation” in each place.
Land Transport Act 1998 (1998 No 110)
In section 2(1), definition of stationary vehicle offence, replace paragraph (a) with:
(a)
parking in any portion of a road in breach of any legislation (including, without limitation, any bylaw made under section 22AB(1)(m) to (o)):
In section 30A(1)(b), replace “any Act, regulation, or bylaw” with “any legislation”.
In section 91A, definition of traffic offence, paragraphs (a) and (b), replace “any regulation, rule, or bylaw” with “any secondary legislation”.
Lawyers and Conveyancers Act 2006 (2006 No 1)
In section 27(1)(b)(i), replace “any Act or regulations” with “any legislation”.
National Parks Act 1980 (1980 No 66)
In section 77, replace “any regulation, Proclamation, warrant, bylaw, or notification” with “any secondary legislation”.
Official Information Act 1982 (1982 No 156)
In section 2(1), repeal the definition of enactment.
Ombudsmen Act 1975 (1975 No 9)
In section 13(7)(a), replace “the provisions of any Act or regulation” with “any legislation”.
In section 22(1)(b), replace “a provision of any Act, regulation, or bylaw” with “any legislation”.
Plumbers, Gasfitters, and Drainlayers Act 2006 (2006 No 74)
In section 137(p), replace “any Act or regulation” with “any legislation”.
Privacy Act 1993 (1993 No 28)
In section 2(1), repeal the definition of enactment.
In section 13(1)(o), replace “subordinate legislation” with “secondary legislation”.
Public Works Act 1981 (1981 No 35)
In section 190(4), replace “any Act, regulation, or bylaw” with “any legislation”.
Resource Management Act 1991 (1991 No 69)
In section 23(1), replace “Acts, regulations, bylaws, and rules of law” with “legislation and other rules of law”.
Standards and Accreditation Act 2015 (2015 No 91)
In section 10(1), replace “Act or regulations” with “legislation”.
In section 10(2), replace “an Act or regulations” with “legislation”.
In section 10(2), replace “enactment” with “legislation”.
In the cross-heading above section 29, replace “Acts, regulations, and bylaws” with “legislation”.
In section 29(1), replace “any Act, regulations, or bylaw” with “any legislation”.
In section 29(2), replace “an enactment” with “legislation”.
In section 29(2), replace “the enactment” with “the legislation”.
In the heading to section 30, replace “Regulations or bylaws” with “Secondary legislation”.
In section 30(1) and (2), replace “Regulations and bylaws made under any Act” with “Secondary legislation”.
In the heading to section 31, replace “enactments” with “legislation”.
In section 31, replace “any other Act, regulations, or bylaw” with “any legislation (other than this Act)”.
Time Act 1974 (1974 No 39)
In the heading to section 6, replace “enactments, Orders in Council, etc” with “legislation and other documents”.
In section 6, replace “in any enactment, Order in Council, order, regulation, rule, bylaw, deed, notice, or other document whatsoever,” with “in any legislation, or in any other document whatsoever,”.
Schedule 7 Amendments to Legislation Act 2017 for centralised publication requirements
s 161
Section 3
Replace section 3(2)(c) with:
(c)
requires all legislation to be published electronically in 1 place (with limited exceptions):
Section 4
Replace section 4(3) with:
(3)
See also the Imperial Laws Application Act 1988, which provides for this Act to apply to Imperial legislation.
Section 5
In section 5(1), insert in their appropriate alphabetical order:
list exemption means an exemption of that type referred to in section 68(2)
publication exemption means an exemption of that type referred to in section 68(2)
In section 5(1), repeal the definition of applicable publication requirements.
Section 13
In section 13, insert in their appropriate alphabetical order:
list exemption has the meaning set out in section 5(1)
publication exemption has the meaning set out in section 5(1)
Section 23A
After section 23A(1), insert:
(1A)
However, see also section 72, which overrides those sections and generally defers or prevents commencement if secondary legislation is not published under this Act.
Sections 68 to 77
Replace sections 68 to 77, and the cross-heading above section 73, with the following sections (and renumber those new sections, if necessary):
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; and
(d)
minimum legislative information for all secondary legislation.
(2)
However, if exemptions of the following type apply (whether under section 76, the empowering legislation, or other legislation), the following sections and obligations do not apply:
| If there is the following type of exemption... | ...the following do not apply |
| a publication exemption for the secondary legislation (or part of it) | subsection (1)(c) (and any obligations under this Part for the PCO to publish, or the maker to lodge with the PCO for publication, the legislation or part, but see section 75) |
| a list exemption for the secondary legislation | subsection (1)(d) (and any obligations under this Part for the PCO to publish, or the maker to lodge with the PCO for publication, the minimum legislative information) |
Compare: 2012 No 119 ss 6(1)(a), (b), 59(1)(c)
69 PCO must publish consolidations of legislation that is amended
(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; and
(c)
all other secondary legislation specified by regulations made under this Act.
(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 |
(2)
The PCO may also publish those things in printed form and make them available in the way notified to the public.
(3)
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 (2).
(4)
Minimum legislative information is sufficiently published for the purposes of this Act if—
(a)
either the secondary legislation containing that information is published, or the information is published separately, by the PCO; and
(b)
the information published (whether as part of the secondary legislation or separately) is that required at the time it must be published under this section.
Compare: 2012 No 119 ss 6(2), (3), (5), 21(1)
71 When and how published 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 by the PCO under this Act (including official electronic versions of legislation published under section 78):
(b)
minimum legislative information published by the PCO under this Act.
(2)
The PCO must ensure that it meets any minimum requirements set by the regulations made under this Act for how that must be done.
Compare: 2012 No 119 s 9
72 Secondary legislation does not commence until published
(1)
Secondary legislation or a part of secondary legislation does not come into force on its commencement date unless the relevant publication requirement is met.
(2)
To the extent that subsection (1) results in secondary legislation, or a part of secondary legislation, not coming into force on its commencement date, the legislation or part comes into force on the day after the relevant publication requirement is met.
(3)
This section overrides sections 25 to 28.
(4)
However, this section does not apply if—
(a)
the empowering legislation or any other Act expressly authorises the legislation to commence despite it not being published or at a time that is before the relevant publication requirement is practicably capable of being met; or
(b)
a list exemption applies; or
(c)
an exemption from this section applies under regulations made under this Act.
(5)
In this section,—
commencement date means the date or time when the secondary legislation or part would otherwise commence (including as a result of sections 24 to 28)
relevant publication requirement, in relation to any secondary legislation or part, means—
(a)
the secondary legislation is published under this Act; or
(b)
(if a publication exemption applies to the whole or any part of the legislation) the minimum legislative information for the secondary legislation is published under this Act.
(6)
This section does not affect—
(a)
whether the legislation is authorised or validly made:
(b)
the commencement of the secondary legislation’s Title and commencement provisions, and any provisions identifying the principal legislation amended, under section 25(3):
(c)
the commencement of anything due to any defect, irregularity, omission, or error in the secondary legislation or minimum legislative information if the legislation or information sufficiently identifies the secondary legislation.
Other provisions applying to secondary legislation not drafted by PCO
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.
74 Lodgement must be done as required by regulations
(1)
Anything required to be lodged with the PCO for publication 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 (despite section 68).
(3)
If required by regulations made under this Act, updates or corrections of information lodged with the PCO (or in connection with lodgement) must also be lodged in accordance with those regulations.
(4)
The PCO is not liable for any error or omission in or arising from information lodged with it for publication (or in connection with lodgement) and may act in reliance on that information.
75 Alternative obligations if publication exemption applies (but not if list exemption or presentation exemption applies)
(1)
If a publication exemption applies to secondary legislation or a part of secondary legislation, the maker must (instead of lodging the legislation or part with the PCO for publication)—
(a)
make the legislation or part available in a way that meets the minimum requirements set by regulations made under this Act (if any) and any requirements set by the empowering legislation; and
(b)
include, in the minimum legislative information lodged with the PCO for publication, the details as to its availability required by the regulations made under this Act (if any).
(2)
However, this section does not apply if a list exemption or a presentation exemption applies.
76 Publication exemption if good reason to allow alternative means of publication
(1)
The Chief Parliamentary Counsel may grant a 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)
is subject to section 75; and
(c)
may be made subject to other terms and conditions.
(4)
The Chief Parliamentary Counsel’s reasons for granting the exemption, including why it is appropriate, must be published with the exemption.
(5)
An exemption under this section is secondary legislation (see this Part for publication requirements).
Section 79A
Repeal section 79A(2)(d).
Section 86
After section 86(l), insert:
(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):
Section 119
Replace section 119(1A) with:
(1A)
For that purpose, the Clerk of the House of Representatives must, on behalf of the House of Representatives, lodge a copy of the resolution or notice of the motion, and its minimum legislative information, with the PCO for publication under section 73 (and Part 3 applies with any necessary modifications).
Section 145
Repeal section 145(1)(aaa) to (aaac).
Legislative history
16 October 2019 |
Divided from Legislation Bill (Bill 275–2) as Bill 275–3A |
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Legislation (Repeals and Amendments) Bill
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