2021/247
Patsy Reddy, Governor-General
At Wellington this 13th day of September 2021
Present:The Right Hon Jacinda Ardern presiding in Council
These regulations are made under clause 19 of Schedule 1 of the Legislation Act 2019—
on the advice and with the consent of the Executive Council; and
on the recommendation of the Attorney-General made after complying with clause 19(3) of that schedule.
These regulations are the Legislation Act (Amendments to Legislation) Regulations 2021.
These regulations come into force on 28 October 2021, immediately after section 3 of the Secondary Legislation Act 2021 comes into force.
Regulations 4 and 5 amend the Conservation Act 1987.
After section 48(5) (as inserted by the Secondary Legislation Act 2021), insert:
(6)
If regulations authorise the Minister or the Director-General to grant refunds or waivers referred to in subsection (2)(d),—
an instrument granting a refund or waiver is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons; and
the regulations must contain a statement to that effect.
After section 48A(8) (as inserted by the Secondary Legislation Act 2021), insert:
(8A)
If regulations authorise a person to grant exemptions referred to in subsection (1)(l)(i),—
an exemption is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons; and
Regulation 7 amends the Marine Mammals Protection (West Coast North Island Sanctuary) Notice 2008.
Revoke clause 8.
Regulation 9 amends the National Parks Act 1980.
In section 56(3), replace “The publication of any bylaws purporting to have been made under this section shall be” with “Publication of the bylaws in accordance with subsection (4) is”.
“The publication of any bylaws purporting to have been made under this section shall be”
“Publication of the bylaws in accordance with subsection (4) is”
Regulation 11 amends the Films, Videos, and Publications Classification Act 1993.
After section 149(2) (as inserted by the Secondary Legislation Act 2021), insert:
(3)
If regulations authorise a person to grant exemptions referred to in subsection (1)(c),—
Regulation 13 amends the Taxation (Budget 2021 and Remedial Measures) Act 2021.
After section 2(4), insert:
(5)
An Order in Council made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Regulation 15 amends the Animal Products Act 1999.
In section 166A(4) (as inserted by the Secondary Legislation Act 2021), replace “the Minister or Director-General” with “a person”.
“the Minister or Director-General”
“a person”
Regulations 17 and 18 amend the Biosecurity Act 1993.
In section 131(4) (as inserted by the Secondary Legislation Act 2021), replace “see also section 161A(4) of the Local Government Act 2002” with “section 161A(4) of the Local Government Act 2002 applies”.
“see also section 161A(4) of the Local Government Act 2002”
“section 161A(4) of the Local Government Act 2002 applies”
In section 165(26) (as inserted by the Secondary Legislation Act 2021), replace “the Director-General” with “a person”.
“the Director-General”
Regulation 20 amends the Dairy Industry Restructuring Act 2001.
In section 28A(5) (as inserted by the Secondary Legislation Act 2021), replace “An order under this section is” with “Regulations made under this section are”.
“An order under this section is”
“Regulations made under this section are”
Regulations 22 to 26 amend the Fisheries Act 1996.
Repeal section 16(5).
Repeal section 186A(4).
Repeal section 186B(3).
Replace section 297(5) to (7) (as inserted by the Secondary Legislation Act 2021) with:
Subsection (6) applies if regulations made under this section authorise any of the following:
the chief executive to require information referred to in subsection (1)(d):
the Minister or chief executive to remit or waive fees or charges referred to in subsection (1)(m)(iv):
the Minister or chief executive to issue or impose an authority, approval, requirement, prohibition, restriction, condition, direction, instruction, order, permit, notice, or circular referred to in subsection (2)(a):
the Minister or chief executive to grant exemptions referred to in subsection (2)(b).
If this subsection applies,—
an instrument exercising that authority is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to—
1 or more named persons; or
in the case of an exemption referred to in subsection (2)(b), 1 or more identified vessels; and
(1)
This regulation amends section 303 as inserted by the Secondary Legislation Act 2021.
(2)
In section 303(1) and (2),—
replace “publish” with “make”; and
“publish”
“make”
replace “given” with “made”.
“given”
“made”
In section 303(3), replace “given” with “made” in each place.
(4)
In section 303(4),—
replace “publication of” with “making” in each place; and
“publication of”
“making”
replace “published” with “made”.
“published”
In section 303(7), definition of new notice, paragraphs (a) and (b), replace “published” with “made”.
Regulation 28 amends the Forests (Regulation of Log Traders and Forestry Advisers) Amendment Act 2020.
In section 7, new section 63ZZH(4) of the Forests Act 1949 (as inserted by the Secondary Legislation Act 2021), after “Secretary”, insert “or another person”.
“Secretary”
“or another person”
Regulations 30 to 35 amend the Veterinarians Act 2005.
In section 4, definition of minimum standards for practising (as amended by the Secondary Legislation Act 2021), replace “section 75(1)(i)” with “section 75(i)”.
“section 75(1)(i)”
“section 75(i)”
In section 8(1), replace “publish a notice in the Gazette declaring” with “, by notice under section 88, declare”.
“publish a notice in the Gazette declaring”
“, by notice under section 88, declare”
In section 8(2), replace “publishing a notice” with “making a declaration”.
“publishing a notice”
“making a declaration”
In section 8(3), replace “by notice in the Gazette” with “by notice under section 88”.
“by notice in the Gazette”
“by notice under section 88”
Repeal section 75(2) (as inserted by the Secondary Legislation Act 2021).
Repeal section 88(3).
In section 97(1), after “notice”, insert “under section 88”.
“notice”
“under section 88”
In section 97(3) (as amended by the Secondary Legislation Act 2021), replace “in accordance with subsection (4)” with “under the Legislation Act 2019”.
“in accordance with subsection (4)”
“under the Legislation Act 2019”
Repeal section 97(4) (as inserted by the Secondary Legislation Act 2021).
In section 100(1), after “by notice”, insert “under section 88”.
“by notice”
Repeal section 100(4) (as inserted by the Secondary Legislation Act 2021).
Regulation 37 amends the Wine Act 2003.
In section 119A(4) (as inserted by the Secondary Legislation Act 2021), replace “the Minister or Director-General” with “a person”.
Regulations 39 and 40 amend the Climate Change Response Act 2002.
Replace section 50(9) (as inserted by the Secondary Legislation Act 2021) with:
(9)
The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):
regulations made under this section:
an Order in Council made under subsection (8).
After section 167(6) (as inserted by the Secondary Legislation Act 2021), insert:
(7)
If regulations authorise the EPA to grant exemptions, waivers, or refunds referred to in subsection (4)(j),—
an instrument granting an exemption or a waiver or refund is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons; and
Regulations 42 and 43 amend the Commerce Act 1986.
After section 53C(4), insert:
If a section 52P determination authorises a person to grant exemptions referred to in subsection (3)(d),—
an instrument granting or revoking an exemption is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons; and
the determination must contain a statement to that effect.
After section 53ZE(5) (as inserted by the Secondary Legislation Act 2021), insert:
If regulations authorise a person to grant exemptions or waivers referred to in subsection (2)(i),—
an instrument granting an exemption or a waiver is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only in a particular case; and
Regulation 45 amends the Crown Minerals Act 1991.
Replace section 101B(6) with:
For the purposes of subsection (2), the chief executive may specify a non-interference zone by notice.
(6A)
In addition to complying with the Legislation Act 2019, the chief executive must publish the notice in a fortnightly edition of New Zealand Notices to Mariners (under Part 25 of the Maritime Rules).
Regulation 47 amends the Electricity Act 1992.
Replace section 169(1)(2)(d) with:
requiring such types or categories of fittings and electrical appliances as are—
specified in the regulations; or
from time to time declared by WorkSafe to be subject to the regulations (see subsection (8))—
to be approved by WorkSafe before being offered for sale in New Zealand, and providing for the giving of such approval, for the specifying by WorkSafe of conditions subject to which such approval may be given, for the variation or withdrawal of any such approval, and for the revocation, variation, or addition of any condition of any such approval, and prescribing circumstances in which types or categories of fittings and electrical appliances are deemed to be approved by WorkSafe for the purposes of the regulations:
Replace section 169(8) (as inserted by the Secondary Legislation Act 2021) with:
(8)
Subsection (9) applies if regulations made under this section authorise any of the following:
a person to prohibit a matter referred to in subsection (1)(2)(c):
WorkSafe to make a declaration referred to in subsection (1)(2)(d)(B):
WorkSafe to issue instructions, orders, or requirements referred to in subsection (1)(8)(a) or (aa):
WorkSafe or the chief executive to grant exemptions referred to in subsection (1)(9):
a person to grant exemptions referred to in subsection (1)(29):
the Board, WorkSafe, or the Secretary to waive, refund, or remit fees referred to in subsection (1)(30).
an instrument exercising that authority is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons; and
Regulation 49 amends the Electricity Industry Act 2010.
After section 128(9) (as inserted by the Secondary Legislation Act 2021), insert:
(10)
If regulations authorise a person to grant exemptions or waivers referred to in subsection (5)(h),—
Regulations 51 and 52 amend the Financial Markets Authority Act 2011.
In section 67(6) (as inserted by the Secondary Legislation Act 2021),—
delete “to a class of persons”; and
“to a class of persons”
in paragraph (a), after “requirements)”, insert “, unless it applies only to 1 or more named persons”.
“requirements)”
“, unless it applies only to 1 or more named persons”
After section 68(11) (as inserted by the Secondary Legislation Act 2021), insert:
(12)
If regulations authorise a person to grant waivers or refunds referred to in subsection (6)(j),—
an instrument granting a waiver or refund is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons; and
Regulation 54 amends the Financial Reporting Act 2013.
After section 52(6) (as inserted by the Secondary Legislation Act 2021), insert:
If regulations authorise a person to grant exemptions or waivers referred to in subsection (4)(j),—
Regulations 56 to 59 amend the Gas Act 1992.
After section 43S(3), insert:
If regulations or rules authorise a person to grant exemptions referred to in subsection (1)(f),—
the regulations or rules must contain a statement to that effect.
After section 43ZZE(8) (as inserted by the Secondary Legislation Act 2021), insert:
If regulations authorise a person to grant exemptions or waivers referred to in subsection (7),—
Replace section 54(9) (as inserted by the Secondary Legislation Act 2021) with:
Subsection (10) applies if regulations made under this section authorise any of the following:
WorkSafe to make a declaration referred to in subsection (1)(b)(iv)(B):
WorkSafe to issue instructions, orders, or requirements referred to in subsection (1)(n)(i):
WorkSafe or the chief executive to grant exemptions referred to in subsection (1)(o):
a person to grant exemptions referred to in subsection (1)(p).
After section 55(5) (as inserted by the Secondary Legislation Act 2021), insert:
If regulations authorises a person to grant exemptions referred to in subsection (1)(k),—
Regulation 61 amends the Injury Prevention, Rehabilitation, and Compensation (Code of ACC Claimants’ Rights) Notice 2002.
In the Schedule, revoke Part 8.
Regulation 63 amends the Postal Services Act 1998.
After section 60(2) (as inserted by the Secondary Legislation Act 2021), insert:
If regulations authorise a person to grant exemptions referred to in subsection (1)(j) or (k),—
Regulation 65 amends the Takeovers Regulations 2000.
In regulation 6, replace “in the Gazette of a notice under the Legislation Act 2012” with “under the Legislation Act 2019”.
“in the Gazette of a notice under the Legislation Act 2012”
Regulation 67 amends the Telecommunications Act 2001.
After section 188(4), insert:
If a section 170 determination authorises a person to grant exemptions referred to in subsection (3)(d),—
Regulations 69 and 70 amend the COVID-19 Public Health Response Act 2020.
Replace section 11(2B)(a) and (b) (as inserted by the Secondary Legislation Act 2021) with:
the exemption or authorisation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons or specified things; and
Replace section 15(6)(a) and (b) (as inserted by the Secondary Legislation Act 2021) with:
Regulations 72 and 73 amend the Epidemic Preparedness Act 2006.
Repeal section 5(5).
After section 5(8) (as inserted by the Secondary Legislation Act 2021), insert:
If a notice is made under this section,—
the Prime Minister is the relevant Minister for the purposes of section 114 of the Legislation Act 2019; and
the notice must be presented under that section as soon as possible after it is made.
In section 7(1) and (3)(c), delete “in the Gazette”.
“in the Gazette”
Replace section 7(4) with:
A notice made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Regulation 75 amends the Health Act 1956.
In section 117(6) (as inserted by the Secondary Legislation Act 2021), delete “the instrument fixing the fees or costs”.
“the instrument fixing the fees or costs”
In section 117(6)(a), before “is”, insert “the instrument fixing the fees or costs”.
“is”
Regulation 77 amends the Human Tissue Act 2008.
Replace section 60(3) and (4) (as amended and inserted by the Secondary Legislation Act 2021) with:
A notice made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons.
After giving a notice under this section that is not secondary legislation, the Minister must—
publish a copy in the Gazette as soon as practicable; and
present a copy to the House of Representatives no later than the 16th sitting day after the day on which the notice is given.
Regulation 79 amends the Misuse of Drugs Act 1975.
After section 37(3) (as inserted by the Secondary Legislation Act 2021), insert:
If regulations authorise a person to grant exemptions referred to in subsection (1)(r),—
Regulation 81 amends the Radiation Safety Act 2016.
Repeal section 88.
Regulation 83 amends the Anti-Money Laundering and Countering Financing of Terrorism Act 2009.
Repeal section 157(7).
Regulation 85 amends the Privacy Act 2020.
In sections 213(3), 214(4), and 215(3) (as inserted by the Secondary Legislation Act 2021), replace “An order under this section is” with “Regulations made under this section are”.
Regulation 87 amends the Social Security Act 2018.
Replace section 444(3) (as inserted by the Secondary Legislation Act 2021) with:
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
If the regulations authorise the Minister to give debt recovery directions referred to in subsection (2)(c),—
a debt recovery direction made under those regulations is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
Regulation 89 amends the Airport Authorities Act 1966.
After section 9A(5) (as inserted by the Secondary Legislation Act 2021), insert:
If the regulations under subsection (1)(k) authorise a person to grant exemptions,—
Regulation 91 amends the Land Transport Act 1998.
In section 2(1), definition of evidential breath-testing device, replace “in the Gazette” with “(see subsection (6))”.
“(see subsection (6))”
Regulation 93 amends the Land Transport (Blood Specimen Collecting Instrument and Procedure) Notice 2014.
In clause 5(1)(a), delete “by notice in the Gazette”.
Replace clause 5(1)(b) with:
a notice prescribing the procedure is secondary legislation (see section 2(6) of the Act).
Regulation 95 amends the Land Transport Management Act 2003.
After section 46(4A) (as inserted by the Secondary Legislation Act 2021), insert:
(4B)
However, section 161A(4) of the Local Government Act 2002 applies if the instrument is made by a road controlling authority or toll operator that is a local authority or a council-controlled organisation (as defined in that Act.)
Regulation 97 amends the Maritime Transport Act 1994.
In section 33W(8) (as inserted by the Secondary Legislation Act 2021), replace “see also section 161A(4) of the Local Government Act 2002” with “section 161A(4) of the Local Government Act 2002 applies”.
Regulation 99 amends the Arms Act 1983.
After section 74(6) (as inserted by the Secondary Legislation Act 2021), insert:
If regulations authorise a person to grant exemptions referred to in subsection (1)(q),—
Regulation 101 amends the Policing Act 2008.
After section 79G(2), insert:
If regulations authorise the Commissioner to grant exemptions, waivers, or refunds referred to in subsection (2),—
Regulation 103 amends the Legislation Act 2019.
After section 2(2), insert:
An Order In Council made under this section is secondary legislation (see Part 3 for publication requirements).
Regulation 105 amends the Legislation (Recognition of Overseas Lawyers) Order 2014.
In clause 3, replace “section 68(1)(b) and (2)(b) of the Legislation Act 2012” with “section 137(1)(b) and (2)(b) of the Legislation Act 2019”.
“section 68(1)(b) and (2)(b) of the Legislation Act 2012”
“section 137(1)(b) and (2)(b) of the Legislation Act 2019”
Regulation 107 amends the Reserve Bank of New Zealand Act 1989.
Replace section 65(3) with:
In the case of an authorisation under subsection (1)(b),—
the authorisation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
the Bank must impose the condition that each member of the class of persons carries on in New Zealand only those activities specified by the Bank in the authorisation in respect of the class to which that member belongs.
Regulation 109 amends the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019.
In section 49(7) (as inserted by the Secondary Legislation Act 2021), after “1996”, insert “and Schedule 3 of the Legislation Act 2019”.
“1996”
“and Schedule 3 of the Legislation Act 2019”
Regulations 111 and 112 amend the Overseas Investment Act 2005.
After section 38A(3) (as inserted by the Overseas Investment Amendment Act 2021), insert:
After section 61(5) (as inserted by the Secondary Legislation Act 2021), insert:
If regulations authorise a person to grant exemptions, waivers, refunds, or discounts referred to in subsection (1)(h),—
an instrument granting an exemption or a waiver, refund, or discount is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons; and
Michael Webster,Clerk of the Executive Council.
These regulations are made under clause 19 of Schedule 1 of the Legislation Act 2019 and come into force on 28 October 2021.
Clause 19 allows regulations to make various amendments to legislation for the purpose of facilitating the orderly implementation of the Legislation Act 2019. The amendments are of the same general nature as those being made by the Secondary Legislation Act 2021. They include amendments—
to insert, delete, or amend a statement to the effect that an instrument or a class of instruments is secondary legislation; and
that are necessary or desirable—
as a consequence of instruments being secondary legislation or not (for example, to delete any reference to disallowable instruments or to insert publication or notification requirements for instruments that are not secondary legislation); or
to ensure that the Legislation Act 2019 applies appropriately in relation to the instrument (for example, to clarify the maker of the instrument); or
as a consequence of another amendment authorised by clause 19 (for example, to update the legislation to reflect changed section references or procedural requirements).
In general, these regulations—
make amendments that ought to have been included in the Secondary Legislation Act 2021 but were overlooked; and
correct errors or inconsistencies in the amendments made by that Act; and
amend legislation that has been enacted since that Act was enacted.
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 16 September 2021.
These regulations are administered by the Parliamentary Counsel Office.