Supplementary Order Paper No 12

Schedule 35 Schedule 3 of Legislation Act 2019 replaced on main commencement date

s 4(4)

Schedule 3 Exemptions from presentation or disallowance under this Act

ss 114, 115

(1)

A presentation or disallowance exemption applies to secondary legislation (or part of secondary legislation) under this schedule if—

(a)

it is made under an empowering provision to which that exemption applies in accordance with the tables below; and

(b)

any exemption ground is met (if specified in the tables for the exemption).

(2)

If a condition is specified for an exemption, that condition must be complied with (but a failure to do so does not affect the application of the exemption).

(3)

Any term or expression that is used in this schedule in relation to any empowering legislation, but not defined in this Act, has the same meaning as in that empowering legislation.

(4)

See also clause 32 of Schedule 1 for transitional presentation exemptions.

Empowering provisionExemption grounds and conditionsPresentation exemption (s 114(2)(a))Disallowance exemption (s 115(d))
Animal Products Act 1999
Section 167(1) (in reliance on for the purposes of section 38(2)(b) or 60)

Exemption applies

Child Poverty Reduction Act 2018
Section 6 (in combination with section 34)

Exemption applies

Civil Aviation Act 1990
Section 28

Exemption ground

Compliance is inappropriate for reasons of security.

Exemption applies if exemption ground is met

Section 31

Exemption ground

Compliance is inappropriate for reasons of security.

Exemption applies if exemption ground is met

Section 34A

Exemption ground

Compliance is inappropriate for reasons of security.

Exemption applies if exemption ground is met

Section 77A

Exemption ground

Compliance would prejudice the national security interests of New Zealand.

Exemption applies if exemption ground is met

Section 77B

Exemption ground

Compliance would prejudice the national security interests of New Zealand.

Exemption applies if exemption ground is met

Section 107(1)

Exemption applies

Civil Defence Emergency Management Act 2002
Section 39

Exemption applies

Commerce Act 1986
Section 52P

Exemption applies

Section 52W

Exemption applies

Section 53ZG

Exemption applies

District Court Act 2016
Section 60(1)(b), (2)

Exemption applies

Dog Control Act 1996
Section 78A(1)

Exemption applies

Financial Markets Conduct Act 2013
Section 556

Exemption ground

If the FMA is satisfied on reasonable grounds that it is proper to defer compliance on the ground of commercial confidentiality.

Exemption applies if exemption ground is met

Fisheries Act 1996

Section 186(2)(d)

Regulations made under section 186

Exemption ground

The secondary legislation is bylaws made under the regulations for the purposes of section 49 of Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019.

Exemption applies if exemption ground is met

Governor-General Act 2010
Section 5

Exemption applies

Section 6

Exemption applies

Section 8

Exemption applies

Health and Safety at Work Act 2015
Section 7(5)

Exemption applies

Section 8(2)

Exemption applies

Members of Parliament (Remuneration and Services) Act 2013
Section 8(1)

Exemption applies

Exemption applies

Section 17(1)

Exemption applies

Exemption applies

Section 23

Exemption applies

Section 27

Exemption applies

Section 32(4), (6)

Exemption applies

Exemption applies

Section 43

Exemption applies

Exemption applies

Section 44

Exemption applies

Exemption applies

Misuse of Drugs Act 1975
Section 4(1), (1B)

Exemption applies

Ombudsmen Act 1975
Section 15

Exemption applies

See s 115(a)
Parliamentary Service Act 2000
Section 25

Exemption applies

See s 115(a)
Racing Act 2003
Section 65AQ

Exemption ground

The Minister is satisfied an exemption contains or refers to information that may reasonably be regarded as confidential or commercially sensitive.

Exemption applies if exemption ground is met

Remuneration Authority Act 1977
Section 12B(1), (2)

Exemption applies

Exemption applies

Takeovers Act 1993
Section 45(1)(a), (b)

Exemption ground

The Takeovers Panel is satisfied on reasonable grounds that it is proper to defer compliance for reasons of commercial confidentiality.

Exemption applies while exemption ground is met

Telecommunications Act 2001
Section 27

Exemption applies

Section 30M

Exemption applies

Section 30R

Exemption applies

Section 39

Exemption applies

Section 51

Exemption applies

Section 58

Exemption applies

Section 59

Exemption applies

Section 87

Exemption applies

Section 94J

Exemption applies

Section 170(1)

Exemption applies

Section 180

Exemption applies

Section 222

Exemption applies

Section 236

Exemption applies

Section 238

Exemption applies

Schedule 2, clause 10

Exemption applies

Schedule 2, clause 17

Exemption applies

Schedule 2A, clause 3

Exemption applies

Telecommunications (Interception Capability and Security) Act 2013
Section 29

Exemption applies

Section 34

Exemption applies

Section 49

Exemption applies

Wellington Airport Act 1990
Section 7(3)

Exemption applies

Wine Act 2003
Section 120(1) (in reliance on s for the purposes of section 41(2))

Exemption applies

 

Empowering provisionPresentation exemption (s 114(2)(a))Disallowance exemption (s 115)
Royal prerogative
Letters Patent Constituting the Office of Governor-General of New Zealand (and other matters included under Schedule 1A).See s 115(b)
Rules regulating the use of images of the Royal family for commercial purposes.See s 115(b)
Royal Warrants establishing Royal Honours and regulating the granting, use, and retention of those Honours (including by delegating any matter to regulations or rules).See s 115(b)
Regulations or rules regulating eligibility and other matters delegated by Royal Warrant in relation to Royal Honours,See s 115(b)
Rules regulating the acceptance and wearing of Commonwealth, foreign, and international Honours by New Zealand citizens.See s 115(b)
Rules regulating the granting, use, and retention of the titles “The Right Honourable” and “The Honourable” in New Zealand.See s 115(b)