Secondary Legislation Confirmation Bill
Secondary Legislation Confirmation Bill
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Secondary Legislation Confirmation Bill
Secondary Legislation Confirmation Bill
Government Bill
150—2
As reported from the Regulations Review Committee
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Hon Chris Hipkins
Secondary Legislation Confirmation Bill
Government Bill
150—2
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Secondary Legislation Confirmation Act 2022.
2 Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
Part 1 Preliminary provisions
3 Purpose
The purpose of this Act is to confirm—
(a)
instruments that, unless earlier confirmed by an Act of Parliament, are—
(i)
revoked at the applicable deadline under section 47C(1)(a) or (b) of the Legislation Act 2012; or
(ii)
taken after the applicable deadline to have been invalid for their past operation (because they have been revoked with effect before or on the deadline) under section 47D of the Legislation Act 2012; and
(b)
instruments that, unless earlier confirmed by an Act of Parliament, are—
(i)
revoked at the applicable deadline under section 123 of the Legislation Act 2019; or
(ii)
taken after the applicable deadline to have been invalid for their past operation (because they have been revoked with effect before or on the deadline) under section 126 of the Legislation Act 2019.
4 Interpretation
In this Act, unless the context otherwise requires,—
deadline,—
(a)
in relation to confirmation under the Legislation Act 2012, has the meaning given in section 4 of that Act; and
(b)
in relation to confirmation under the Legislation Act 2019, has the meaning given in section 121 of that Act
instrument means,—
(a)
in relation to confirmation under the Legislation Act 2012, a confirmable instrument or an annual confirmable instrument as defined in section 47B of that Act; and
(b)
in relation to confirmation under the Legislation Act 2019, secondary legislation that must be confirmed under subpart 3 of Part 5 of that Act.
5 Act binds the Crown
This Act binds the Crown.
6 Repeal
The Subordinate Legislation Confirmation Act 2021 (2021 No 56) is repealed.
Part 2 Confirmations under Legislation Act 2012
7 Animal Products Act 1999
The following regulations are confirmed:
(a)
Animal Products (Fees, Charges, and Levies) Amendment Regulations 2021 (LI 2021/285):
(b)
Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2021 (LI 2021/286).
8 Civil Aviation Act 1990
The Civil Aviation (Safety and Security) Levies Amendment Order 2021 (LI 2021/339) is confirmed.
9 Commodity Levies Act 1990
The Commodity Levies (Meat) Order 2021 (LI 2021/336) is confirmed.
10 Customs and Excise Act 2018
The following orders are confirmed:
(a)
Customs Import Prohibition (Motor Vehicles) Order 2021 (LI 2021/213):
(b)
Customs Export Prohibition (Pounamu) Order 2021 (LI 2021/214):
(c)
Customs Import Prohibition (Offensive Weapons) Order 2021 (LI 2021/215):
(d)
Customs Export Prohibition (Strategic Goods) Order 2021 (LI 2021/216):
(e)
Customs Import Prohibition (Trout) Order 2021 (LI 2021/217).
11 Land Transport Act 1998
The Land Transport (Railway Track User Charges) Regulations 2021 (LI 2021/278) are confirmed.
12 Road User Charges Act 2012
The Road User Charges (Rates) Amendment Regulations 2021 (LI 2021/306) are confirmed.
13 Wine Act 2003
The Wine (Non-grape Wine Levy) Order 2021 (LI 2021/273) is confirmed.
Part 3 Confirmations under Legislation Act 2019
14 Animal Products Act 1999
The Animal Products (Fees, Charges, and Levies) Amendment Regulations 2022 (SL 2022/158) are confirmed.
15 Biosecurity Act 1993
The Biosecurity (National Kiwifruit Pathway Management Plan—Kiwifruit Levy) Order 2022 (SL 2022/39) is confirmed.
16 Customs and Excise Act 2018
The following orders are confirmed:
(a)
Excise and Excise-equivalent Duties Table (Tobacco Products Indexation) Amendment Order 2021:
(b)
Excise and Excise-equivalent Duties Table (Temporary Reduction of Motor Spirits Duty) Amendment Order 2022:
(c)
Excise and Excise-equivalent Duties Table (Alcoholic Beverages Indexation) Amendment Order 2022:
(d)
Excise and Excise-equivalent Duties Table (Temporary Reduction of Motor Spirits Duty) Amendment Order 2022 Amendment Order 2022.
17 Commodity Levies Act 1990
The Commodity Levies (Winegrapes) Order 2022 (SL 2022/110) is confirmed.
17A Forests Act 1949
The Forests (Regulation of Log Traders and Forestry Advisers) Regulations 2022 (SL 2022/202) are confirmed.
18 Gambling Act 2003
The Gambling (Problem Gambling Levy) Regulations 2022 (SL 2022/155) are confirmed.
19 Land Transport Act 1998
The Land Transport (Clean Vehicle Discount Scheme Charges) Regulations 2022 (SL 2022/52) are confirmed.
20 New Zealand Superannuation and Retirement Income Act 2001 and Social Security Act 2018
The Social Security (Rates of Benefits and Allowances Order 2022 (SL 2022/28) is confirmed.
21 Social Security Act 2018
The Social Security (Rates of Benefits and Allowances) Order (No 2) 2022 (SL 2022/67) is confirmed.
22 Tariff Act 1988
The Tariff (RCEP) Amendment Order 2021 is confirmed.
23 Wine Act 2003
The following are confirmed:
(a)
Wine (Grape Wine Levy) Order 2022 (SL 2022/111):
(b)
Wine Amendment Regulations 2022 (SL 2022/160).
Legislative history
26 July 2022 |
Introduction (Bill 150–1) |
|
2 August 2022 |
First reading and referral to Regulations Review Committee |
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Secondary Legislation Confirmation Bill
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Commentary
Recommendation
The Regulations Review Committee has examined the Secondary Legislation Confirmation Bill and recommends that it be passed. We recommend all amendments unanimously.
Introduction
The purpose of this bill is to confirm certain secondary legislation that would be revoked if not confirmed by an Act of Parliament by a specified date. The bill relates to secondary legislation made in the year ending 30 June 2022.
In passing this bill, the House would confirm the instruments set out in the bill, allowing them to continue in force.
Legislative scrutiny
As part of our consideration of the bill, we have examined its consistency with principles of legislative quality. We have no issues regarding the legislation’s design to bring to the attention of the House.
Confirmation is warranted
As introduced, the bill includes 26 instruments for confirmation. (Below, we propose adding one further instrument.)
Matters covered in the instruments include:
reducing the size of security levies for domestic and international air travellers
prohibiting the importation of motor vehicles with inaccurate odometers without the consent of the Minister of Customs
altering fees and levies charged to the dairy industry
establishing a new levy for wineries, payable to the Fruit Wine & Cider Makers Association of New Zealand Incorporated
amending various fees and levies for animal products, such as increasing the annual levy for the export of processed honey products
broadening the definition of “assistance dogs”
establishing new railway track user charges for rail freight operators
imposing carbon dioxide charges on new registrations of certain light vehicles.
We asked the Ministers and government departments responsible for administering the instruments to explain why each instrument should be confirmed. We wrote to the following Ministers:
the Minister for Food Safety
the Minister for Biosecurity
the Minister of Customs
the Minister of Transport
the Minister of Agriculture.
After considering the responses, we found no reason why the orders and regulations should not be confirmed. We thank the Ministers for their responses and their cooperation with our processes for the bill.
Additional instrument to be confirmed
Due to an oversight, the Forests (Regulation of Log Traders and Forestry Advisers) Regulations 2022 was not included in the bill as introduced.
The regulations result from amendments made in 2020 to the Forests Act 1949. They established a new regulatory system for log traders and forestry advisers, including the establishment of the Forestry Authority.
The regulatory system includes obligations on log traders and forestry advisers to be registered on the forestry register, and provides for a process to resolve complaints and disputes relating to registered persons.
We recommend inserting clause 17A into Part 3 of the bill. These regulations would otherwise be revoked on 30 June 2023.
Other matters
Land Transport (Clean Vehicle Discount Scheme Charges) Regulations 2022
As part of our regular scrutiny of secondary legislation we wrote to the Minister of Transport about the Land Transport (Clean Vehicle Discount Scheme Charges) Regulations 2022.
We inquired how charges established by clause 7 of the Regulations were calculated. We were concerned that the basis of the charges was broad and that the usual controls on fines or penalties did not apply.
We received the Minister’s response on 31 October 2022. We still have a number of concerns that we will consider separately from the bill.
Animal Products (Fees, Charges, and Levies) Amendment Regulations 2022
This instrument increases the annual levy on bee products processed for export from $1,005.70 to $2,566.08.
We wrote to the Minister for Food Safety to ask whether she was satisfied that this increase is fair and reasonable and, if so, to give her reasons.
While the Minister’s response satisfies the majority of our concerns, there are a number of concerns we will consider separately from the bill.
Appendix
Committee process
The Secondary Legislation Confirmation Bill was referred to the committee on 2 August 2022.
We invited written submissions from the Ministers responsible for administering the regulations confirmed by the bill. We received and considered 7 submissions.
We received advice on the bill from the Parliamentary Counsel Office. The Office of the Clerk provided advice on the bill’s legislative quality. The Parliamentary Counsel Office assisted with legal drafting.
Committee membership
Hon Judith Collins (Chairperson)
Camilla Belich
Rachel Brooking
Hon Eugenie Sage
Toni Severin
Sam Uffindell
Vanushi Walters