Legislation Act 2019

1: Title
This Act is the Legislation Act 2019.
2: Commencement
1: This Act comes into force as follows:
a: section 147
aa: the following provisions (which contain regulation-making powers) come into force on the day after the date on which the Secondary Legislation Act 2021
i: clause 19 section 6
ii: section 147A
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 on which the Secondary Legislation Act 2021
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).
3: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives ss 115 116 This note is not part of the Act. Section 2(1)﻿(aa) inserted 25 March 2021 section 4(2) Secondary Legislation Act 2021 Section 2(1)﻿(b)﻿(i) brought into force 28 October 2021 clause 2 Legislation Act 2019 Commencement Order 2021 Section 2(1)﻿(b)﻿(ii) amended 25 March 2021 section 4(2) Secondary Legislation Act 2021 Section 2(3) inserted 28 October 2021 regulation 103 Legislation Act (Amendments to Legislation) Regulations 2021
1: Preliminary provisions
3: Purpose of this Act
1: The purpose of this Act is to promote high-quality legislation for New Zealand that is easy to find, use, and understand.
2: To that end, this Act—
a: states principles and rules about the interpretation of legislation:
b: allows legislation to be simpler, shorter, and more consistent:
c: provides for all legislation to be published electronically in 1 place over time (with exceptions):
d: provides tools for modernising and simplifying legislation and keeping legislation up to date:
e: supports effective parliamentary and public scrutiny of legislation:
f: continues the PCO with functions and objectives that promote that purpose.
4: Overview of this Act
1: In this Act,—
a: this Part contains the purpose of this Act, definitions, and other preliminary provisions:
b: Part 2
i: principles of interpretation and default definitions that apply (for example, a definition of working day):
ii: providing for rules that apply to the commencement, amendment, and repeal of legislation:
iii: general empowering provisions (for example, so that a power to prescribe a form can be used to prescribe required information and the method for supplying the required information in place of a form):
c: Part 3
i: setting drafting and publication responsibilities; and
ii: providing tools for correcting errors in legislation; and
iii: providing for revision programmes to revise New Zealand’s legislation:
d: Part 4
e: Part 5
i: providing for the House of Representatives to disallow all secondary legislation (with limited exceptions); and
ii: setting the deadlines for confirmation of secondary legislation (if confirmation by Parliament is required) and the consequences of not confirming:
f: Part 6
g: Part 7
2: This section is only a guide to the general scheme and effect of this Act.
3: See also
a: the Imperial Laws Application Act 1988
b: the Legislation (Repeals and Amendments) Act 2019
5: Interpretation
1: In this Act, unless the context otherwise requires,— administering agency applicable publication requirements section 74 central government entity Part 4 section 102 chief executive Chief Parliamentary Counsel section 135 consolidation section 70 current drafting practice subpart 2 section 85 disallowance exemption section 115(a) to (d) empowering legislation
a: the legislation that empowers the making of the secondary legislation or instrument; or
b: the Royal prerogative (for anything done under the Royal prerogative) empowering provision
a: the provision of the empowering legislation that empowers the making of the secondary legislation or instrument; or
b: the Royal prerogative (for anything done under the Royal prerogative) Government amendment instrument introduction legislation legislation website legislative guidelines or standards Part 4 section 102 legislative quality procedures Part 4 section 102 maker see also minimum legislative information
a: the Title of the legislation; and
b: the empowering provision; and
c: the administering agency; and
d: any other information required by regulations made under this Act official version section 78 PCO presentation exemption section 114(2) referential words subpart 2 section 85 release relevant policy agency Part 4 section 102 responsible Minister Part 4 section 102 secondary legislation
a: is made under an Act if the Act (or any other legislation) states that the instrument is secondary legislation; or
b: is made under the Royal prerogative in a form and for a purpose set out in Schedule 1A Example
The ABC Act 2018 enables the Governor-General, by Order in Council, either to make exemptions in the Order in Council or to enable the regulator to issue exemption notices. Both the order and notice are made (directly or indirectly) under the ABC Act ( see sitting day
2: In this Act, a reference to the maker
3: See also section 13 Section 5(1) disallowance exemption inserted 25 March 2021 section 4(2) Secondary Legislation Act 2021 Section 5(1) secondary legislation amended 25 March 2021 section 4(2) Secondary Legislation Act 2021
6: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
7: Act binds the Crown
This Act binds the Crown.
2: Interpretation and application of legislation
Purposes and application
8: Purposes of this Part
The purposes of this Part are to—
a: state principles and rules for the interpretation of legislation:
b: allow legislation to be simpler, shorter, and more consistent. 1999 No 85 s 2
9: Application of this Part
1: A provision of this Part applies to legislation that is part of the laws of New Zealand unless—
a: the legislation provides otherwise; or
b: the context of the legislation requires a different interpretation.
2: The provisions of this Part also apply to the interpretation of this Act. 1999 No 85 s 4 General principles of interpretation
10: How to ascertain meaning of legislation
1: The meaning of legislation must be ascertained from its text and in the light of its purpose and its context.
2: Subsection (1) applies whether or not the legislation’s purpose is stated in the legislation.
3: The text of legislation includes the indications provided in the legislation.
4: Examples of those indications are preambles, a table of contents, headings, diagrams, graphics, examples and explanatory material, and the organisation and format of the legislation. 1999 No 85 s 5
11: Legislation applies to circumstances as they arise
Legislation applies to circumstances as they arise. 1999 No 85 s 6
12: Legislation does not have retrospective effect
Legislation does not have retrospective effect. 1999 No 85 s 7 General definitions and interpretation provisions
13: Definitions of terms for all legislation
In legislation,— Act
a: of the Parliament of New Zealand; or
b: of the General Assembly commencement Commonwealth country part of the Commonwealth consular officer de facto partner section 14 department Part 1 2 4 enactment Gazette New Zealand Gazette New Zealand Gazette Governor-General in Council legislation section 5(1) legislation website section 5(1) maker section 5 Minister Ministry Part 1 2 4 month New Zealand
a: means the islands and territories within the Realm of New Zealand; but
b: does not include the self-governing State of the Cook Islands, the self-governing State of Niue, Tokelau, or the Ross Dependency North Island Te Ika-a-Māui office Order in Council person prescribed presentation exemption section 5(1) proceeding
a: in or before a court or tribunal, or before a person acting judicially; or
b: of a person or body performing administrative functions, investigative functions, or both Proclamation Gazette public notification public notice
a: in the Gazette
b: in 1 or more newspapers circulating in the area to which the act, matter, or thing relates or in which it arises; or
c: on an Internet site that is administered by or on behalf of the person who must or may publish the notice, and that is publicly available as far as practicable and free of charge repeal
a: expiry (or any other lapsing or ceasing of effect); and
b: revocation; and
c: replacement rules of court secondary legislation section 5(1) South Island Te Waipounamu territorial limits of New Zealand limits of New Zealand working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
b: a day in the period commencing with 25 December in a year and ending with 2 January in the following year; and
c: if 1 January falls on a Friday, the following Monday; and
d: if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday; and
e: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday writing see Part 4 1999 No 85 s 29 Section 13 department replaced 7 August 2020 section 135 Public Service Act 2020 Section 13 Ministry replaced 25 March 2021 section 4(2) Secondary Legislation Act 2021 Section 13 North Island Te Ika-a-Māui amended 30 November 2022 section 68(1) Statutes Amendment Act 2022 Section 13 South Island Te Waipounamu amended 30 November 2022 section 68(2) Statutes Amendment Act 2022 Section 13 working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022
14: Meaning of de facto relationship
1: In any legislation, de facto relationship
a: live together as a couple in a relationship in the nature of marriage or civil union; and
b: are not married to, or in a civil union with, each other; and
c: are both aged 16 years or older.
2: However, a relationship involving a person aged 16 or 17 years is not a de facto relationship unless that person has obtained consent for the relationship in accordance with section 46A
3: In determining whether 2 people live together as a couple in a relationship in the nature of marriage or civil union, the court or person required to determine the question must have regard to—
a: the context, and the purpose of the law, in or for which the question is to be determined; and
b: all the circumstances of the relationship.
4: A de facto relationship ends if—
a: the de facto partners cease living together as a couple in a relationship in the nature of marriage or civil union; or
b: one of the de facto partners dies. 1999 No 85 s 29A
15: Meaning of step-parent, etc
The relationship of step-parent, stepson, stepdaughter, or any other relationship described by a word containing the prefix step 1999 No 85 s 29B
16: References to specific gender or kind of person include others
1: Words denoting a gender include every other gender.
2: Words denoting a natural person by referring to a gender (for example, he or she someone people
3: Words denoting a corporation sole, a body corporate, or an unincorporated body include a natural person if capable of referring to a natural person. 1999 No 85 s 31
17: When sending by post is taken as done
1: This section applies to legislation that authorises or requires a document to be sent by post (whether the expression serve give send
2: The document is taken to be sent if it is properly addressed, prepaid, and posted as a postal article.
3: The document is taken to be received at the time at which it would be delivered in the ordinary course of post.
4: However, subsection (2) or (3) does not apply if the contrary is proved.
5: See also Part 4 Acts Interpretation Act 1901 s 29 (Aust); Interpretation Act 1978 s 7 (UK)
18: Parts of speech have corresponding meaning
Parts of speech and grammatical forms of a word that is defined in any legislation have corresponding meanings in the same legislation. 1999 No 85 s 32
19: Words in singular include plural and vice versa
Words in the singular include the plural, and words in the plural include the singular. 1999 No 85 s 33
20: Words used in secondary legislation or other instruments have same meaning as in empowering legislation
A word or an expression used in secondary legislation, or in any instrument, has the same meaning as it has, from time to time, in the legislation under which the secondary legislation or instrument is made. 1999 No 85 s 34
21: Anything done under secondary legislation or other instrument is also done under Act
A reference to anything being done under an Act includes anything done under secondary legislation, or another instrument, that is made under that Act. Example
An Act empowers regulations to authorise a regulator to set fees. The Act requires all fees paid under the Act to be paid to the Crown. The regulations require the regulator to set fees by issuing a notice. The fees set in the regulator’s notice are paid under the Act and so must be paid to the Crown.
22: Legislation not binding on the Crown
1: No Act or part of an Act binds the Crown unless the Act (or other legislation) expressly provides that the Crown is bound by the Act or part.
2: No secondary legislation, or part of secondary legislation, made under an Act or part of an Act binds the Crown unless—
a: the Act (or another Act) expressly provides that the Crown is bound by the Act or part of the Act; or
b: the Act or the secondary legislation (or any other legislation) expressly provides that the Crown is bound by the secondary legislation or part of the secondary legislation. 1999 No 85 s 27
23: Examples do not limit provision
1: An example provided in legislation of the operation of a provision of the legislation does not limit the provision.
2: See section 10 Acts Interpretation Act 1901 s 15AD (Aust) Commencement of legislation
24: Outline of commencement provisions
1: Sections 25 to 29
a: give effect to the commencement stated or provided for in the legislation; and
b: provide default rules for commencement if the legislation does not state or provide for the commencement; and
c: provide further detail for the effective operation and application of those rules.
2: Subsection (1) is a guide only to the general scheme and effect of the provisions that affect commencement of legislation.
25: Date on which Acts commence
1: An Act or a part of an Act comes into force on the date stated or provided for in the Act.
2: If an Act does not state or provide for a commencement date for the Act or part, the Act or part comes into force on the day after Royal assent.
3: However, an Act’s Title and commencement sections, and any principal legislation provision
4: In subsection (3), principal legislation provision 1999 No 85 s 8 Section 25(3) amended 25 March 2021 section 4(2) Secondary Legislation Act 2021 Section 25(4) inserted 25 March 2021 section 4(2) Secondary Legislation Act 2021
26: Date on which secondary legislation commences
1: Secondary legislation or a part of any secondary legislation comes into force on the date stated or provided for in the legislation.
2: If it does not state or provide for that date, the legislation or part comes into force on the day after it is published or first made available (whether under Part 3
3: However, the secondary legislation’s Title and commencement provisions, and any provision identifying the principal legislation amended, come into force on its making (and no reference in the commencement provision includes them), even if it is not yet published. 1999 No 85 s 9
27: Time at which legislation commences
Legislation comes into force—
a: at the start of the day on which it comes into force (unless paragraph (b) or (c) applies); or
b: if it is expressed to come into force from a particular day, at the start of the next day; or
c: if it states or provides for a particular time of commencement on a date on which it comes into force, at that time. 1999 No 85 s 10
28: When legislation commences if calculated by number of months
1: This section applies to legislation expressed to come into force a number of months after a day or an act or event that occurs on a day ( date A starting month
2: The legislation comes into force in the month that is that number of months after the starting month,—
a: on the day of that month that corresponds to date A; or
b: if there is no such day, on the last day of that month.
3: This section applies instead of section 56 Examples
ABC Act 2020 states that it comes into force a month after Royal assent. Royal assent is given on 1 July 2020. The Act comes into force on 1 August 2020. XYZ Act 2020 states that it comes into force 4 months after Royal assent. Royal assent is given on 31 May 2020. The Act comes into force on 30 September 2020 (because September does not have 31 days).
29: Power to make commencement order
1: A power to make an Order in Council bringing legislation into force—
a: includes a power to state a time of commencement on the date that is set; and
b: is capable of being exercised more than once to amend, revoke, or replace an Order in Council made in a previous exercise of the power, so long as each re-exercise of the power takes effect before the commencement takes effect; and
c: includes a power to make 1 or more orders setting different dates for different provisions of the legislation; and
d: includes (if there is a provision where its commencement would otherwise operate to give effect to other parts of legislation) a power to commence the provision only for the purpose of giving effect to some, but not other, parts of that legislation. Example
The Dogs and Cats Act 2020 states that it comes into force on a date set by Order in Council. Section 100 states that the legislation set out in Schedule 4 is consequentially amended (and Schedule 4 sets out all the amendments). An Order in Council is made that commences section 100 on 1 July 2020 for the purpose of giving effect to the first 10 consequential amendments in Schedule 4. The rest of the consequential amendments in Schedule 4 do not come into force at that time. A later Order in Council commences section 100 for the purpose of the rest of the consequential amendments on 1 July 2021.
2: If the power referred to in subsection (1)﻿(d) is exercised, the provision comes into force only for that purpose and only the identified parts come into force. 1999 No 85 s 10(3) Amendment and repeal
30: Amendments part of, and construed with, legislation amended
1: Amending legislation is part of the legislation that it amends.
2: Amending legislation must be construed with the legislation that it amends. 1999 No 85 s 23
31: References to repeal or amendment extend to other ceasing of effect
A reference in sections 32 to 36 38 39
a: an implied repeal or amendment; and
b: a change that removes or limits the effect of the legislation; and
c: a change that disapplies the legislation to any person, subject matter, or circumstance. Acts Interpretation Act 1901 s 7(3)﻿(a), (c), (d) (Aust)
32: Effect of repeal or amendment generally
1: The repeal or amendment of legislation does not—
a: affect the validity, invalidity, effect, or consequences of anything done or suffered:
b: affect an existing right, interest, title, immunity, duty, status, or capacity:
c: affect an amendment made by the legislation to other legislation:
d: affect the previous operation of the legislation or anything done or suffered under it:
e: revive any thing that is not in force or existing at the time the repeal or amendment takes effect.
2: The repeal of legislation does not revive—
a: legislation that has been repealed; or
b: a rule of law that has been abolished. 1999 No 85 s 17
33: Effect of repeal or amendment on existing rights and proceedings
1: The repeal or amendment of legislation does not affect—
a: the completion of a matter or thing that relates to an existing right, interest, title, immunity, duty, status, or capacity (a legal position
b: the commencing of a proceeding that relates to an existing legal position; or
c: the completion of a proceeding commenced or in progress under the legislation.
2: Repealed or amended legislation continues to have effect for the purposes stated in subsection (1) as if the legislation had not been repealed or amended. 1999 No 85 s 18
34: Effect of repeal or amendment on prior offences and breaches of legislation
1: The repeal or amendment of legislation does not affect a liability to a penalty or any other remedy or relief, or to an order or a direction, for an offence or for a breach of any legislation committed before the repeal or amendment.
2: Repealed or amended legislation continues to have effect as if it had not been repealed or amended for the purpose of—
a: investigating the offence or breach:
b: commencing or completing a proceeding for the offence or breach:
c: imposing a penalty, or any other remedy or relief, or making or giving an order or a direction, for the offence or breach. 1999 No 85 s 19
35: Powers exercised under repealed or amended legislation have continuing effect
Anything done in the exercise of a power under repealed or amended legislation, and that is in effect immediately before that repeal or amendment, continues to have effect as if it had been exercised under any other legislation—
a: that, with or without modification, replaces, or that corresponds to, the legislation repealed or amended; and
b: under which the power could be exercised. 1999 No 85 s 21
36: Legislation made under repealed legislation has continuing effect
1: Any legislation made under repealed legislation, and that is in force immediately before that repeal, continues in force as if it had been made under any other legislation—
a: that, with or without modification, replaces, or that corresponds to, the legislation repealed; and
b: under which it could be made.
2: Legislation that continues in force may be amended or revoked as if it had been made under the legislation that replaces, or that corresponds to, the repealed legislation. 1999 No 85 s 20
37: How to apply references to new legislation that is not yet in force
1: This section applies if legislation ( new legislation
a: is to replace (with or without modification), or is to correspond to, existing legislation; and
b: is not yet in force.
2: A reference in legislation to the new legislation is, until that new legislation comes into force, a reference to the whole or the corresponding part of the existing legislation.
38: How to apply references to repealed legislation
1: The repeal of legislation does not affect legislation in which the repealed legislation is applied, incorporated, or referred to.
2: A reference in legislation to repealed legislation is a reference to legislation that, with or without modification, replaces, or that corresponds to, the legislation repealed.
3: Subsection (1) is subject to subsection (2). 1999 No 85 s 22
39: Time of repeal of legislation on particular day
1: Legislation that is expressed to be repealed on a particular day is repealed at the start of that day.
2: Legislation that is expressed to remain in force, or to continue to have effect, until a particular day, remains in force or has effect until the close of that day. General empowering provisions
40: Authority to make secondary legislation
1: It is not necessary for secondary legislation to refer to facts, circumstances, or preconditions that must exist or be satisfied before the legislation can be made.
2: Secondary legislation is not invalid just because the legislation under which it is expressed to have been made does not authorise its making as long as its making is authorised by other legislation. 1999 No 85 s 24
41: Secondary legislation may make consequential amendments to other secondary legislation
1: A power to make secondary legislation (the main secondary legislation main Act
2: An amendment is consequential
a: the main Act or any amendment to it:
b: the main secondary legislation or any amendment to it.
3: The only facts, circumstances, or preconditions that must exist or be satisfied before the consequential amendments are made are those (if any) for making the main secondary legislation.
42: Amendments made to secondary legislation by Act do not prevent later amendments
Secondary legislation amended or replaced by an Act may be amended, revoked, or replaced by later secondary legislation as if the amendment or replacement had been made by secondary legislation. 1999 No 85 s 25 Exercise of powers in legislation generally
43: When powers can be exercised before commencement
1: A power conferred by legislation may be exercised before the legislation comes into force or takes effect to—
a: make secondary legislation or another instrument; or
b: serve a notice or document; or
c: appoint a person to an office; or
d: establish a body of persons; or
e: confer or impose on a person a right, interest, title, immunity, duty, status, or capacity (a legal position
f: do any other act or thing for the purposes of the legislation.
2: However, the power may be exercised only if the exercise of the power is necessary or desirable—
a: to bring the legislation into operation; or
b: in connection with bringing the legislation into operation.
3: Subsection (1) applies as if—
a: the legislation that confers the power, and all other legislation that is relevant to the power’s exercise and that has not yet commenced, had commenced; and
b: a legal position that would be conferred or imposed by legislation that is relevant to the power’s exercise, and that has not yet commenced, has been conferred or imposed. 1999 No 85 s 11
44: Limit on when pre-commencement exercise of powers takes effect
1: Anything that results from the exercise of a power under section 43
2: However, that limit does not apply if the exercise of the power is necessary or desirable—
a: to bring the legislation into operation; or
b: in connection with bringing the legislation into operation; or
c: to amend, revoke, or replace anything previously done in reliance on section 43 1999 No 85 s 11
45: Power to appoint person to an office includes related powers
The power to appoint a person to an office includes the power to—
a: remove or suspend a person from the office:
b: reappoint or reinstate a person to the office:
c: appoint (temporarily or permanently, and for all or limited purposes) another person in place of a person who—
i: has vacated the office voluntarily (for example, by resigning); or
ii: has died; or
iii: is absent temporarily or permanently; or
iv: is incapacitated temporarily or permanently in a way that affects the performance of that person's duty; or
v: has been removed or suspended from the office. 1999 No 85 s 12
46: Power to do things may be exercised to correct errors
1: The power to do anything may be exercised to correct an error or omission in a previous exercise of the power.
2: Subsection (1) applies even though the power is not generally capable of being exercised more than once. 1999 No 85 s 13
47: Powers of office holder may be exercised by acting office holders
A power conferred on the holder of an office, other than a Minister of the Crown, may be exercised by 1 or both of the following:
a: a person who is the holder’s deputy lawfully acting in the office:
b: a person who is for the time being lawfully holding, or performing the duties of, the office. 1999 No 85 s 14
48: Power to make includes power to amend or revoke
1: The power to make secondary legislation or any other instrument includes the power to—
a: amend or revoke the legislation or instrument:
b: replace the legislation or instrument.
2: Requirements that apply in relation to making the secondary legislation or other instrument also apply, with all necessary modifications, in relation to its amendment, revocation, or replacement. 1999 No 85 s 15
49: Power to make different provision for classes of matters
1: This section applies to legislation that confers on a person a power to make secondary legislation or any other instrument with respect to particular matters (however the matters are described).
2: The power includes a power—
a: to make the secondary legislation or instrument with respect to some only of those matters or with respect to a particular class or particular classes of those matters; and
b: to make different provision with respect to different matters or different classes of matters. Acts Interpretation Act 1901 s 33(3A) (Aust)
50: Power to identify matters using classes
1: This section applies to legislation that confers on a person a power to make secondary legislation or any other instrument—
a: declaring, prescribing, or specifying a matter; or
b: doing anything in relation to a matter.
2: In exercising the power, the person may identify the matter by referring to a class or classes of matters. Acts Interpretation Act 1901 s 33(3AB) (Aust); Legislation Act 2003 s 13(3) (Aust)
51: Exercise or performance of powers, functions, and duties more than once
1: A power conferred by legislation may be exercised from time to time.
2: A duty or function imposed by legislation may be performed from time to time. 1999 No 85 s 16 Forms
52: Use of approved or prescribed forms
A form is not invalid just because it contains minor differences from an approved or a prescribed form as long as the form still has the same effect and is not misleading. 1999 No 85 s 26
53: Extension of power to approve or prescribe forms
1: This section applies to a power ( power A
2: Power A includes a power ( power B
a: identify the information to be supplied or made available:
b: approve or prescribe a method, format, or medium for supplying information or making information available:
c: if power A is
3: Power B may be exercised in place of, or as well as, power A.
4: Information supplied or made available under power B
5: Subsection (6) applies if—
a: power A is itself a power to make secondary legislation; and
b: secondary legislation made under power A (and in reliance on the power B referred to in subsection (2)﻿(c)) authorises a person to approve or prescribe a form and, in doing so, to determine the information to be supplied or made available; and
c: the form, rather than the secondary legislation, will identify the information to be supplied or made available.
6: If this subsection applies,—
a: the instrument by which the person approves or prescribes the form is secondary legislation ( see Part 3
b: the secondary legislation referred to in subsection (5)﻿(b) must contain a statement to that effect. 1995 No 16 s 87B(2) 2002 No 35 s 37 2008 No 91 s 154 2013 No 69 ss 543(1)﻿(e) 544(1)﻿(a) 546(1)﻿(g), (i) 548(1)﻿(i) Section 53(1) amended 25 March 2021 section 4(2) Secondary Legislation Act 2021 Section 53(2) amended 25 March 2021 section 4(2) Secondary Legislation Act 2021 Section 53(2)﻿(c) amended 25 March 2021 section 4(2) Secondary Legislation Act 2021 Section 53(3) replaced 25 March 2021 section 4(2) Secondary Legislation Act 2021 Section 53(4) amended 25 March 2021 section 4(2) Secondary Legislation Act 2021 Section 53(5) inserted 25 March 2021 section 4(2) Secondary Legislation Act 2021 Section 53(6) inserted 25 March 2021 section 4(2) Secondary Legislation Act 2021 Time and distance
54: When periods start and end
If legislation refers to a period described in the following way, the period must be calculated according to the following corresponding rule: The following table is small in size and has 3 columns. Column 1 is headed Item, column 2 is headed If the period is described as, and Column 3 is headed then the period Item If the period is described as: then the period: 1 starting at on with includes that day or the day of the act or event 2 starting from after does not include that day or the day of the act or event 3 being within of after does not include that day or the day of the act or event 4 ending by on at with includes that day or the day of the act or event 5 continuing to until includes that day or the day of the act or event 6 ending before does not include that day or the day of the act or event 7 a number of days between does not include the days on which the events happen Examples
Item 1: If the legislation states that a permission begins on Item 2: If the legislation states that a variation of an agreement operates from Item 3: If the legislation states that public notice must be given within of Item 4: If the legislation states that a right to make a submission ends on Item 5: If the legislation states that a permission continues until Item 6: If the legislation states that a statement must be filed before Item 7: If the legislation states that the period between 1999 No 85 s 35(1)–(5)
55: Extension for doing thing if day or last day is not working day
A thing that, under legislation, must or may be done on a particular day or within a limited period of time may, if that day or the last day of that period is not a working day, be done on the next working day. 1999 No 85 s 35(6)
56: Calculating periods of months (except for commencement of legislation)
1: A reference to 1 or more months
a: the period starts at the start of the relevant day in the month; and
b: the relevant number of months must then be counted to find the ending month; and
c: the period ends immediately before the corresponding day in the ending month or (if there is no such day) at the close of the last day of the ending month. Examples
If the legislation refers to a period of 1 month starting on 15 February, the period starts on 15 February and ends at the close of 14 March (because March has a corresponding day). If the legislation refers to a period of 6 months starting on 31 October, the period starts on 31 October and ends at the close of 30 April (because April does not have 31 days). If the legislation refers to a period of 3 months after
2: This section does not apply to commencement of legislation ( see section 28 Acts Interpretation Act 1901 s 2G (Aust); Interpretation Act 1984 s 62 (WA)
57: Determining time generally
A reference to a point of time in legislation is to time for general purposes in New Zealand as determined by sections 3 4 1974 No 39 s 6
58: Determining measurements of distance
A reference to a distance means a distance measured in a straight line on a horizontal plane. 1999 No 85 s 36 Revision Acts
59: Meaning of revision Act and old law
In sections 60 to 62 old law revision Act subpart 3 2012 No 119 s 35(1), (2)
60: Revision Act is generally to have same effect as old law
1: A revision Act’s provisions—
a: are the provisions of the old law in rewritten form; and
b: are intended to have the same effect as the corresponding provisions of the old law.
2: This section is subject to section 62 2007 No 97 s ZA 3(3) 2012 No 119 s 35(2)
61: Using old law as interpretation guide for revision Act
If the meaning of a provision of a revision Act is unclear or gives rise to absurdity, the wording of the old law that corresponds to the provision must be used to ascertain the meaning of the provision. 2007 No 97 s ZA 3(4)
62: Exceptions: when revision Act changes effect of old law
Section 60
a: is expressly provided by the revision Act to be intended to change the effect of the old law; or
b: has a meaning that is expressly or by necessary implication to a different effect than the corresponding old law provision; or
c: is enacted, amended, or repealed by legislation that is not a revision Act (for example, an amendment Act intended to change the effect of the old law). 2007 No 97 s ZA 3(5) 2012 No 119 s 35(3) Power to incorporate by reference
63: Interpretation
In sections 64 to 66 Schedule 2 material
a: means material referred to in section 64(1)
b: does not include anything incorporated by reference by that material written material
a: in a visible and tangible form by any means and in any medium; or
b: in a visible form in any medium by electronic means that enables them to be stored in permanent form and be retrieved and read. 2012 No 119 s 48
64: Power for secondary legislation to incorporate material by reference
1: This section is sufficient authority for secondary legislation to incorporate 1 or more of the following by reference:
a: a standard, framework, code of practice, recommended practice, or requirement of an international organisation or a national organisation:
b: a standard, framework, code of practice, recommended practice, or requirement prescribed in any country or jurisdiction, or by any group of countries:
c: any other written material that deals with technical matters if it is reasonable to consider that—
i: it is impracticable to include the material in the secondary legislation; or
ii: the material is so large that including it in the secondary legislation will prevent persons to whom the law applies from using or understanding the secondary legislation with reasonable ease.
2: For the purposes of this section, secondary legislation incorporates material by reference if the secondary legislation does 1 or more of the following:
a: incorporates the material in whole or in part, and with or without modification:
b: incorporates amendments to which section 66
3: Material incorporated by reference in reliance on this section has legal effect as part of the legislation that incorporates the material.
4: This provision applies in addition to, and does not limit, any of the following:
a: any other power in legislation to incorporate material by reference (for example, sections 29 to 32
b: the ability of legislation to refer to or incorporate other legislation:
c: any rule of law. 2012 No 119 ss 49 57
65: Schedule 2 applies if material incorporated by reference
Schedule 2 section 64 2012 No 119 s 50
66: Effect of amendments to material incorporated by reference
1: This section applies if the material incorporated by reference in secondary legislation in reliance on section 64
2: Those amendments have no legal effect as part of the secondary legislation unless—
a: they are specifically incorporated by later legislation made in accordance with Schedule 2
b: amendments to the material are expressly authorised to have that effect by or under another Act.
3: For the purposes of this section, material is amended
a: is amended or replaced; or
b: expires or is revoked; or
c: otherwise ceases to have effect. 2012 No 119 s 53
3: Drafting and publishing of legislation
1: Drafting and publishing legislation
Key drafting responsibilities
67: What legislation is drafted by PCO
The main functions of the PCO, in relation to drafting legislation, are—
a: to draft Government Bills and amendments to them; and
b: to advise on, or assist with, the drafting of local Bills and private Bills and amendments to them; and
c: to draft Members’ Bills, and amendments to them, if the Attorney-General directs; and
d: to draft the following:
i: any secondary legislation made by Order in Council (unless the Attorney-General otherwise directs):
ii: any secondary legislation that amends an Act:
iii: any secondary legislation if the administering agency and the Chief Parliamentary Counsel agree:
iv: any secondary legislation if the Attorney-General directs; and
e: to draft, or advise on or assist in the drafting of, any other legislation that the Attorney-General directs. 2012 No 119 s 59(1)﻿(a), (b), (i), (2)
68: Power to authorise IRD to draft Inland Revenue Bills
1: The Governor-General may, by Order in Council made on the recommendation of the Attorney-General, authorise the Inland Revenue Department to draft Inland Revenue Bills that the responsible Minister directs.
2: The Order in Council may state exceptions to the authorisation.
3: The Order in Council is secondary legislation ( see
4: In this section,— Inland Revenue Bills responsible Minister 2012 No 119 s 60 The following table is small in size and has 3 columns that are grouped under the heading Requirements under this Act for secondary legislation made under this section. Requirements under this Act for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives ss 115 116 This note is not part of the Act. Key publishing responsibilities
69: PCO must publish all legislation
1: The PCO must publish—
a: all introduced Bills (and those amendments to Bills that the Attorney-General directs); and
b: all Acts; and
c: all secondary legislation drafted by the PCO; and
d: minimum legislative information for all secondary legislation drafted by the PCO.
2: The PCO must also notify the making of that secondary legislation by publishing the information required by regulations in the Gazette
3: The PCO may also publish secondary legislation that was not drafted by the PCO as if it were drafted by the PCO. In that case,—
a: subsections (1)﻿(d) and (2) apply; and
b: section 71
c: any obligation under any other legislation for the secondary legislation to be published or notified in the Gazette 2012 No 119 ss 6(1)﻿(a), (b) 12 13 14 59(1)﻿(c)
70: 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.
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. 2012 No 119 s 6(5)
71: How and when PCO must publish legislation and consolidations of legislation
1: The PCO must electronically publish the following things at the following times: The following table is small in size and has 2 columns. Column 1 is headed What is required to be published. Column 2 is headed When it must be published. 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 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
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 the secondary legislation containing that information (as required at the time of its publication) is published by the PCO under this Act. 2012 No 119 s 6(2), (3), (5) 21(1)
72: How and when electronic versions of legislation must be available on legislation website
The PCO must ensure that,—
a: as far as practicable, legislation published by the PCO under this Act (including official electronic versions of legislation published under section 78
b: it meets any minimum requirements set by the regulations made under this Act for how that must be done. 2012 No 119 s 9 Other provisions applying to secondary legislation not published by PCO
73: Maker must publish secondary legislation not published by PCO (if required)
1: This section applies to secondary legislation that is not published by the PCO.
2: The maker of the secondary legislation must comply with the applicable publication requirements (if any) for that secondary legislation.
3: For the purpose of this Act and any other legislation, the secondary legislation is published under this Act when the maker first complies with the applicable publication requirements. Section 73(3) inserted 25 March 2021 section 4(2) Secondary Legislation Act 2021
74: Applicable publication requirements for secondary legislation not published by PCO
1: The applicable publication requirements
aa: the minimum requirements that apply under regulations made under this Act (if any):
a: the requirements recorded and published by the PCO under clause 14
b: the 1 or more requirements to publish, notify, or otherwise make secondary legislation available (together with any exemptions or limits on those requirements) that applied under an Act
c:
2: In addition, if section 75 applicable publication requirements Section 74(1)﻿(aa) inserted 25 March 2021 section 4(2) Secondary Legislation Act 2021 Section 74(1)﻿(b) amended 25 March 2021 section 4(2) Secondary Legislation Act 2021 Section 74(1)﻿(c) repealed 25 March 2021 section 4(2) Secondary Legislation Act 2021 Section 74(2) replaced 25 March 2021 section 4(2) Secondary Legislation Act 2021
75: Additional applicable
1: This section applies to secondary legislation not published by the PCO that—
a: is made by a Minister or a relevant central government entity (even if the Minister or entity is performing a statutorily independent function); and
b: relates to international transparency obligations (because the publishing under this Part of copies of and links to the legislation would help meet those obligations).
2: The additional
a: the secondary legislation is published on the maker’s website as soon as practicable; and
b: the secondary legislation’s details are in, or with, the secondary legislation as published on the maker’s website; and
c: the secondary legislation and its details are, as far as practicable, able to be accessed at, or downloaded from, the maker’s website; and
d: links to the secondary legislation are forwarded to the PCO for publication (without delay and in accordance with any applicable directions under section 76
3: Subsection (2)﻿(b) is taken to be satisfied if—
a: the secondary legislation amends (without replacing wholly) principal secondary legislation; and
b: the details relate to the amendments it makes to the principal secondary legislation; and
c: the details are in or with a consolidation of the principal secondary legislation that is published as required by subsection (2). 2012 No 119 ss 36C(1) 36D(2) 36E(2), (3) 36F(2) Section 75 heading amended 25 March 2021 section 4(2) Secondary Legislation Act 2021 Section 75(2) amended 25 March 2021 section 4(2) Secondary Legislation Act 2021
76: Chief Parliamentary Counsel must support international transparency obligations
1: The Chief Parliamentary Counsel must ensure that, as soon as practicable, links forwarded to the PCO under section 75
a: published electronically; and
b: as far as practicable, able to be accessed at, or downloaded from, the legislation website.
2: The Chief Parliamentary Counsel must give all or any makers, and ensure there is or are in force for all secondary legislation with international transparency obligations, a direction or directions setting out, in general terms,—
a: the nature of their details:
b: the nature of their links and the form and manner in which they must be forwarded.
3: The maker must, if required to do so in writing by the Chief Parliamentary Counsel, republish a copy of the secondary legislation promptly on the maker’s website in a form that complies with section 75
4: A direction under this section is secondary legislation ( see 2012 No 119 ss 36E(4)–(6) 36F(3), (4) 36G The following table is small in size and has 3 columns that are grouped under the heading Requirements under this Act for secondary legislation made under this section. Requirements under this Act for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 s 74(1)﻿(aa) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives ss 115 116 This note is not part of the Act.
77: Definitions for purposes of international transparency obligations
In this section and sections 74 to 76 details international transparency obligations
a: under paragraph 5 of Article 26.2 (publication) of Chapter 26 (transparency and anti-corruption) of the Trans-Pacific Partnership Agreement done at Auckland on 4 February 2016; or
b: under that provision as incorporated into the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago, Chile, on 8 March 2018, by Article 1.1 of that agreement links maker’s website relevant central government entity
a: a department named in Part 1 Part 2
aa: an interdepartmental venture named in Part 4
b: a Crown entity (as defined in section 7(1)
c: the Reserve Bank of New Zealand:
d: any other instrument of the Crown prescribed, for the purposes of this paragraph, by regulations made under this Act (if any). 2012 No 119 s 36C(2) Section 77 relevant central government entity replaced 7 August 2020 section 135 Public Service Act 2020 Section 77 relevant central government entity inserted 7 August 2020 section 135 Public Service Act 2020 Section 77 relevant central government entity amended 1 August 2020 section 668 Education and Training Act 2020 Official versions and related matters
78: Official versions of legislation
1: The PCO may publish—
a: official electronic versions of legislation; and
b: official printed versions of legislation.
2: A printed version of legislation that is produced directly from an official electronic version is also an official version.
3: An electronic or a printed document that is identified as an official version of legislation in accordance with regulations made under this Act must be treated as an official version unless the contrary is shown. 2012 No 119 s 17
79: Legal status of official versions
1: An official version of legislation—
a: (if it is as originally enacted or made) is taken to correctly set out the text of the legislation; and
b: (if it is a consolidation under section 70
c: (if it is a version of legislation that includes changes made under subpart 2
i: is taken to correctly state, as at its stated date, the law enacted or made by the legislation and by the changes made (and paragraph (b) also applies if the legislation is also a consolidation); and
ii: is evidence that those changes are authorised by that subpart.
2: An official version of secondary legislation that states the date of publication by the PCO is evidence that the legislation was published on the date stated.
3: The presumptions in this section apply unless the contrary is shown. 2012 No 119 s 18
79A: Legislative status of publication notes and information
The following, inserted by the PCO in carrying out its functions of publishing and consolidating legislation, do not form part of the text of the official version of legislation (even if published in that version):
a: machine-readable text, links, or other metadata inserted as an aid to assist users of electronic versions of legislation:
b: a record of the legislative history of the legislation (including a record of the fact that changes have been made by the PCO under subpart 2
c: information recorded and published by the PCO under clause 14
d: any other note or information that is clearly identified, in a suitable place on the legislation website, as not forming part of the legislation. Section 79A inserted 25 March 2021 section 4(2) Secondary Legislation Act 2021
80: Evidential status of minimum legislative information
1: This section applies to minimum legislative information published under this Act.
2: Publication of the minimum legislative information for secondary legislation is evidence of the following:
a: that the secondary legislation was made; and
b: if the date of making is stated, that the secondary legislation was made on that date; and
c: if the date of publication of the information is stated with the information, that the information was published on the date stated; and
d: if the date of notification of the making of the secondary legislation is stated in the Gazette Gazette
3: The presumptions in this section apply unless the contrary is shown. 2012 No 119 s 18(3), (4)
81: Judicial notice of legislation
All courts and persons acting judicially must take judicial notice of all legislation. 2012 No 119 s 16
82: Power to revoke spent secondary legislation and other instruments
1: The Governor-General may, by Order in Council, on the recommendation of the Attorney-General, revoke any secondary legislation or other instrument.
2: Before making a recommendation, the Attorney-General must be satisfied that the secondary legislation or other instrument has ceased to have effect or is no longer required.
3: This section is in addition to any other power to revoke the secondary legislation or other instrument.
4: An order under this section is secondary legislation ( see 2012 No 119 s 15 The following table is small in size and has 3 columns that are grouped under the heading Requirements under this Act for secondary legislation made under this section. Requirements under this Act for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives ss 115 116 This note is not part of the Act. Attorney-General directions
83: Attorney-General directions under this Part
1: The PCO must carry out the functions in this Part subject to any directions by the Attorney-General—
a: about the matters set out in section 67
b: consistent with this Act and regulations made under this Act, about—
i: the form in which legislation or consolidations of legislation (or any class of them) must be published (including the omission of signatures and formal or introductory parts); and
ii: any other matters concerning the publication of legislation or proposed legislation or minimum legislative information.
2: A direction given by the Attorney-General under this Part must be given to the PCO in writing. 2012 No 119 ss 6(7) 20 Annual report on exemptions from presentation and other drafting and publication matters Heading inserted 25 March 2021 section 4(2) Secondary Legislation Act 2021
83A: Annual report on exemptions from presentation and other drafting and publication matters
1: The Chief Parliamentary Counsel must, as soon as practicable after the end of each financial year of the PCO, prepare a report on the following matters and provide it to the Attorney-General:
a: the extent to which makers have relied on presentation exemptions during the previous financial year; and
b: any other practices relating to the design, drafting, and publication of legislation that the Chief Parliamentary Counsel thinks fit.
2: The Attorney-General must present the report to the House of Representatives. Section 83A inserted 25 March 2021 section 4(2) Secondary Legislation Act 2021
2: Correcting errors and making other editorial changes
84: Purpose of this subpart
The purpose of this subpart is to enable errors to be corrected and other editorial changes to be made so as to—
a: keep legislation up to date; and
b: improve the ability of users to find, use, and understand that legislation.
85: Interpretation
In this subpart, unless the context otherwise requires,— current drafting practice referential words of this Act of this section of this paragraph the said hereof 2012 No 119 s 23
86: Power to make editorial changes
1: The Chief Parliamentary Counsel may authorise the PCO to make changes referred to in section 87
2: Sections 87 and 89
3: Nothing in this section limits the authority to make changes in reliance on the application of section 38 2012 No 119 s 24
87: Editorial changes
The following changes may be made under this subpart: Updating language, references, and numbering
a: language that indicates or could be taken to indicate a particular gender may be changed to gender-neutral language so that it is consistent with current drafting practice, as long as it is also consistent with the purpose of the legislation being changed: Examples
The word he they The word chairman chairperson The words Her Majesty the Queen the Sovereign
b: language to which section 16
c: a reference to the name or title of a body, an office, a person, a place, or a thing that has been changed may be replaced with a reference to the name or title as changed:
d: a reference to a body, an office, a person, a place, or a thing that has been replaced by another body, office, person, place, or thing may be changed to a reference to the replacement body, office, person, place, or thing:
e: the numbering, renumbering, and consequential amendments authorised by an Order in Council made under section 88 Improving legislation to reflect current drafting practice
f: changes may be made to the way provisions are referred to, so as to be consistent with current drafting practice: Example
Schedule 1 to the Ombudsmen Act 1975 Schedule 1 of the Ombudsmen Act 1975
g: unnecessary referential words may be omitted:
h: changes may be made to words in the Māori language (te reo Māori) to reflect current orthographic conventions:
i: punctuation may be changed or omitted, or new punctuation inserted, so as to be consistent with current drafting practice:
j: conjunctives and disjunctives may be inserted, omitted, or changed so as to be consistent with current drafting practice:
k: changes may be made to the way numbers, dates, times, quantities, measurements, and similar matters, ideas, or concepts are referred to or expressed so as to be consistent with current drafting practice: Example
A reference in a form to this [blank] day of [blank] 19… [ Date Correcting obvious errors
l: obvious errors of the following kinds may be corrected:
i: typographical and clerical errors:
ii: grammatical and spelling errors, and errors of punctuation:
iii: errors in numbering, cross-referencing, and alphabetical ordering:
iv: errors in or arising out of an amendment, by other legislation, to the legislation being changed:
v: any other errors of a similar nature: Examples
In the following provision, the word in bold can be omitted: The board of a company may make offers on on An Act consequentially repeals section 85(3) of another Act. The other Act does not contain a section 85, and it is obvious from the context that the intention was to repeal section 75(3). The error can be corrected. An Act contains amendments to section 6 of another Act. Before the first Act comes into force, the other Act is amended so that section 6 is replaced by section 6A in substantially similar terms. Section 6A can be amended to reflect the intent of the amendments to section 6. Changes to show effect of commencement, transition, amendments, and repeals
m: 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.
n: a provision in the nature of a transitional, savings, validation, or other similar provision that is contained in amending legislation may be incorporated as a provision of the legislation it amends, and all necessary consequential amendments may be made:
o: changes may be made to show the effect of any amendment or repeal, and changes may be made that are purely consequential on any amendment made, by other legislation, to the legislation being changed: Example
The heading to a section may be changed to reflect the effect of an amendment to the section. Changes to secondary legislation Titles
p: changes may be made to the Title of secondary legislation, so as to better identify the legislation or to distinguish it from other legislation: Examples
The Cat Notice Cat Notice 2022 Cat Notice (No 5) 2022 Cat Exemptions Notice 2022 The Exemptions Notice 2022 Dogs and Cats (Exemptions) Notice 2022 Other consequential changes
q: changes may be made that are purely consequential on any other change authorised by this subpart. 2012 No 119 s 25(1)
88: Changes to numbering
1: For the purpose of making legislation easier to find, use, or understand, the Governor-General may, by Order in Council, authorise the PCO to—
a: publish a version of any specified legislation with provisions numbered or renumbered in the manner indicated by the order; and
b: publish a version of any other specified legislation, in the manner indicated by the order, so as to consequentially update any references in that legislation to those numbered or renumbered provisions.
2: An order under this section is secondary legislation ( see 2012 No 119 s 25(2) The following table is small in size and has 3 columns that are grouped under the heading Requirements under this Act for secondary legislation made under this section. Requirements under this Act for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives ss 115 116 This note is not part of the Act.
89: Changes to format
The Chief Parliamentary Counsel may authorise the PCO to make format changes to a version of legislation so that the format of the legislation is consistent with current drafting practice, or the format of the version of the legislation is easier to read or use according to the means used to read it, or both. 2012 No 119 s 26
90: When changes take effect
For the purposes of amendments to, incorporation of, or reference to legislation that has had changes made to it under this subpart, those changes take effect as if enacted or made expressly by other legislation having effect immediately before the date on which the changes were made. 2012 No 119 s 18(5)
91: Changes to legislation to be noted on legislation website
If changes authorised by this subpart are made, the PCO
a: indicate that fact in a suitable place in the legislation or otherwise on the legislation website
b: outline in general terms, and in a suitable place in the legislation or otherwise on the legislation website 2012 No 119 s 27 Section 91 heading replaced 25 March 2021 section 4(2) Secondary Legislation Act 2021 Section 91 amended 25 March 2021 section 4(2) Secondary Legislation Act 2021 Section 91(a) amended 25 March 2021 section 4(2) Secondary Legislation Act 2021 Section 91(b) amended 25 March 2021 section 4(2) Secondary Legislation Act 2021
3: Revision Bills
92: Purpose of this subpart
1: The purpose of this subpart is to enable revision of New Zealand’s legislation to be done progressively and systematically.
2: To that end, this subpart enables revision Bills to re-enact legislation, in an up-to-date and accessible form, but (except as authorised by this subpart) without changing its effect. 2012 No 119 s 29(2)
93: Overview of this subpart
1: This subpart sets out the procedure for the preparation and certification of revision Bills.
2: This subpart contains—
a: a requirement for the preparation and approval of a 3-yearly revision programme:
b: the powers that may be exercised in the preparation of revisions.
3: This section is only a general guide to this subpart.
4: See also sections 59 to 62 2012 No 119 s 29(1), (3)
94: Interpretation
In this subpart, unless the context otherwise requires,— revision Bill revision programme section 95 2012 No 119 s 28 Preparation of revisions
95: Three-yearly revision programme
1: The Attorney-General must prepare a draft 3-yearly revision programme for each new Parliament.
2: A draft revision programme must set out—
a: the revisions that are proposed to be started during the 3-year period; and
b: the revisions that are expected to be enacted during that period; and
c: the revisions on which work is expected to continue during that period.
3: The Attorney-General must—
a: make the draft publicly available and invite submissions on the draft from interested persons and members of the public, allowing a reasonable time for those submissions to be made; and
b: present a revision programme to the House of Representatives as soon as practicable after it is approved by the Government.
4: The Attorney-General may amend, or replace, the 3-yearly revision programme if the Attorney-General complies with subsection (3) (applied as if the amendment or replacement were the draft or programme). 2012 No 119 s 30(1)–(4)
96: Revision powers
1: The Chief Parliamentary Counsel must prepare revision Bills in accordance with the current revision programme and this section.
2: A revision Bill may—
a: revise the whole or part of 1 or more Acts, and for that purpose combine or divide Acts or parts of Acts:
b: adopt a Title that is different from the Title or Titles of the Acts or parts of Acts revised:
c: omit redundant and spent provisions:
d: renumber and rearrange provisions from the Acts or parts of Acts revised:
e: make changes in language, format, and punctuation to achieve a clear, consistent, gender-neutral, and modern style of expression, to achieve consistency with current drafting style and format, and generally to express better the spirit and meaning of the law:
f: include new or additional purpose provisions, outline or overview provisions, examples, diagrams, graphics, flowcharts, readers’ notes, lists of defined terms, and other similar devices to aid accessibility and readability:
g: include new or additional provisions alerting users of the revision to legislation that is not incorporated in the revision but is relevant to the subject matter of the revision:
h: correct typographical, punctuation, and grammatical errors, and other similar errors:
i: make consequential amendments to legislation that is not incorporated, or is incorporated only in part, in the revision:
j: include any necessary repeals, transitional, savings, and related provisions.
3: A revision Bill may also—
a: make minor amendments to clarify Parliament’s intent, to resolve ambiguity, or to reconcile inconsistencies between provisions (or to do all of those things):
b: update any monetary amount (other than an amount specified for the purpose of jurisdiction or an offence or penalty), having regard to movements in the Consumers
c: make minor amendments to update how provisions can be complied with, or operate, in a way that takes account of changes in technology if those amendments are consistent with the spirit and meaning of the law:
d: for the purpose of enabling matters of general principle to be contained in Acts and matters of detail to be contained in secondary legislation,—
i: omit forms, schedules, or other matters of detail from the Acts or parts of Acts revised, and instead authorise those matters to be prescribed by or under secondary legislation:
ii: include matters currently prescribed in secondary legislation made under the Acts or parts of Acts revised:
iii: make any other change that is necessary for the purpose of implementing subparagraph (i) or (ii) or that is consequential on doing so.
3A: In subsection (3)﻿(b), Consumers Price Index
4: A revision Bill must not change the effect of the law, except as authorised by subsection (3).
5: The changes that may be made in a revision Bill include (without limitation) any of the changes that may be made under subpart 2 2012 No 119 s 31 Section 96(3)﻿(b) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 96(3A) inserted 1 September 2022 section 107(1) Data and Statistics Act 2022
97: Format of revision Bill
1: A revision Bill must be in the form of a Bill suitable for introduction in the House of Representatives.
2: A revision Bill’s explanatory note must include a statement setting out, in general terms, the inconsistencies, anomalies, discrepancies, and omissions that were identified in the course of preparing the revision, and how they have been remedied in the Bill.
3: A revision Bill may be structured so that it is able to be divided into 2 or more Bills. 2012 No 119 s 32
98: Certification of revision Bill
1: For the purposes of this subpart, the certifiers are the President of the Law Commission, the Solicitor-General, a retired Judge of the High Court nominated by the Attorney-General, and the Chief Parliamentary Counsel.
2: The Chief Parliamentary Counsel must submit a revision Bill to the certifiers for certification under this section.
3: The certifiers may certify a revision Bill if they are satisfied that—
a: the revision powers set out in section 96
b: the revision Bill does not change the effect of the law, except as authorised by section 96(3)
4: Before certifying a revision Bill, the certifiers may require the Chief Parliamentary Counsel to make whatever changes they consider necessary.
5: When a revision Bill has been certified, the Chief Parliamentary Counsel must give the revision Bill and certificate to the Attorney-General. 2012 No 119 s 33
99: Amendments proposed by revision Bills
1: A revision Bill, as introduced, must not contain any proposed change to the effect of the law unless the amendment is authorised by section 96
2: However, nothing in this Act affects the powers of the House of Representatives to amend a revision Bill for any purpose and to pass it with amendment. 2012 No 119 s 34
100: PCO’s annual report may address matters relating to revision and editorial changes
The PCO’s annual report under section 43
a: recommendations for the repeal of obsolete or redundant legislation or provisions of legislation, if their repeal is not suitable for inclusion in a revision; and
b: recommendations for changes to 1 or more of the following:
i: the revision powers set out in section 96
ii: the powers under subpart 2
iii: the procedure for the certification of revision Bills. 2012 No 119 s 30(5)
4: Disclosure requirements for Government-initiated legislation
101: Purpose of this Part
The purpose of this Part is to—
a: better inform parliamentary and public scrutiny of Government-initiated legislation; and
b: promote good administrative practices for the development of such legislation.
102: Interpretation in this Part
In this Part, unless the context otherwise requires,— central government entity
a: a department (within the meaning of section 2(1)
b: the Reserve Bank of New Zealand:
c: a Crown entity that is a statutory entity (as those terms are defined in section 7(1) legislative guidelines or standards section 107(2)﻿(a)﻿(ii) legislative quality procedures relevant policy agency
a: in relation to any Government Bill, Government amendment, or secondary legislation made by the Governor-General or a Minister, the central government entity that is primarily involved in developing the legislation (excluding the PCO, unless the PCO is also the administering agency); and
b: in relation to any other secondary legislation, the maker responsible Minister
103: Chief executives must prepare and publish disclosure statements for Government-initiated legislation
1: The chief executive of the relevant policy agency must ensure that—
a: a disclosure statement is prepared for each of the following:
i: a Government Bill:
ii: a Government amendment:
iii: secondary legislation of a class that is specified under section 107(3)﻿(a)
b: each disclosure statement complies with—
i: section 104
ii: each notice issued under section 107
iii: each direction given under section 110
c: each disclosure statement is electronically published, in accordance with a notice issued under section 107
i: as soon as practicable after the introduction of the Government Bill or release of the Government amendment; or
ii: in the case of secondary legislation, as soon as practicable after it is published under this Act (or otherwise first made available as required by law).
2: If there is more than 1 relevant policy agency, subsection (1) applies to each chief executive for the part of the legislation or proposed legislation for which the agency is the relevant policy agency (but, in this case, a direction under section 110
104: What must be contained, or linked to, in disclosure statements
1: A disclosure statement for a Government Bill, Government amendment, or secondary legislation must contain (or link to) the following:
a: information about—
i: the policy background of the Bill, amendment, or secondary legislation; and
ii: the main legislative quality procedures that have been carried out by or on behalf of the relevant policy agency in relation to the Bill, amendment, or secondary legislation; and
iii: any provisions of the Bill, amendment, or secondary legislation that, in the chief executive’s opinion, are unusual or involve matters that call for particular attention; and
b: the information about departures from the legislative guidelines or standards that is required by each notice under section 107
2: However, the disclosure statement does not need to include the chief executive’s (or the policy agency’s) reasons or justifications for the decisions taken by the Government on the Government Bill, Government amendment, or secondary legislation.
105: Disclosure statement requirements do not apply to certain Bills and amendments
1: Section 103
a: Imprest Supply Bills or Appropriation Bills:
b: Bills that are Statutes Amendment Bills under the rules and practice of the House of Representatives:
c: Bills that primarily relate to the repeal or revocation of legislation identified as spent:
d: revision Bills prepared under subpart 3 subpart 3
2: Section 103
a: the Bill to which it relates is of a kind referred to in subsection (1); or
b: it is not reasonably practicable to comply with that section before the parliamentary scrutiny of the Government amendment occurs; or
c: in the chief executive’s opinion, the Government amendment would not materially change the Bill.
3: In relation to subsection (2)﻿(c),—
a: the amendment would materially change the Bill
b: the chief executive must ensure that a statement of the chief executive’s opinion is, as soon as practicable after the release of the Government amendment,—
i: provided to the Minister; and
ii: electronically published (in accordance with each notice under section 107
106: Chief executives must act independently and include statement of responsibility
1: The chief executive of the relevant policy agency is responsible for acting independently (and is not responsible to a Minister) when performing the duties under section 103 section 105(2)﻿(c) and (3)
2: Subsection (1) applies despite section 52
3: The chief executive must ensure that the disclosure statement includes a statement of responsibility in the form required by the notice under section 107 Section 106(2) amended 7 August 2020 section 135 Public Service Act 2020
107: Government notice must be issued to support consistent approach across agencies
1: The responsible Minister and the Attorney-General must, in order to support a consistent approach to disclosure under this Part,—
a: jointly issue 1 or more notices under this section; and
b: take all reasonable steps to ensure that at least 1 notice is in force, and remains in force, on and after the date that is 12 months after the date on which this Part comes into force.
2: The notice or notices must—
a: provide for the information that must be contained (or linked to) in disclosure statements under section 104
i: specifying the information about departures from the legislative guidelines or standards that must be contained (or linked) in disclosure statements; and
ii: identifying legislative guidelines or standards (in whole or in part) for that purpose; and
b: state how disclosure statements must be electronically published; and
c: provide for any other matters required, under this subpart, to be done in accordance with the notice.
3: A notice may also—
a: specify 1 or more classes of secondary legislation to which section 103
b: in addition to the information referred to in subsection (2)﻿(a), require a disclosure statement to contain, or have a link to, other information about specified matters (for example, information about the drafting of the legislation or about plans for the implementation, monitoring, or review of the legislation).
4: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Requirements under this Act for secondary legislation made under this section. Requirements under this Act for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 s 74(1)﻿(aa) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 Sch 1 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives ss 115 116 This note is not part of the Act.
108: Government notice may be issued only with approval of House of Representatives
A notice may be issued under section 107
109: Factors to be considered in determining classes of legislation requiring disclosure statements
The responsible Minister and the Attorney-General must, in considering whether a class of secondary legislation should be specified under section 107(3)﻿(a)
a: better inform parliamentary and public scrutiny of legislation in that class; and
b: promote good administrative practices for the development of legislation in that class.
110: Ministerial direction may be given to support consistent approach across agencies
1: The responsible Minister may give 1 or more directions that set requirements for disclosure statements to—
a: contain, or link to, additional or more specific information in connection with the matters specified in section 104(1) section 107
b: contain, or link to, other information about specified matters (in addition to any disclosures required under a notice under section 107(3)﻿(b)
c: be in a specified layout or format (which may include requiring a statement, or joint agency statements, to be in a single document or a series of related documents or to be included as part of 1 or more other documents).
2: The responsible Minister must ensure that, as soon as practicable after a direction is given, the direction is—
a: published on an Internet site maintained by, or on behalf of, the New Zealand Government; and
b: presented to the House of Representatives.
3: A direction—
a: may apply to the chief executives of 1 or more relevant policy agencies; and
b: may be given only if—
i: a notice under section 107
ii: the direction is not inconsistent with any notice under section 107
111: Disclosure relates only to information available to public under Official Information Act 1982
Nothing in this Part requires the disclosure of information if a request for that information could be refused under section 18
112: Validity of legislation not affected by failure to comply with this Part
Failure to comply with this Part does not affect—
a: any power to make any legislation; or
b: the validity of any legislation.
5: Parliament’s oversight of secondary legislation
113: Purpose of this Part
The purpose of this Part is to support Parliament in overseeing and controlling the use of delegated powers to make legislation.
1: Presentation to House of Representatives
114: Secondary legislation must be presented to House of Representatives
1: The relevant Minister must present secondary legislation to the House of Representatives in accordance with the House’s rules and practice.
2: However,—
a: if a presentation exemption applies to secondary legislation (or a part of secondary legislation) under Schedule 3
b: see also section 161A 2012 No 119 s 41 Section 114(2)﻿(a) amended 25 March 2021 section 4(2) Secondary Legislation Act 2021
2: Disallowance by House of Representatives
115: All secondary legislation subject to disallowance, with limited exceptions
This subpart applies to secondary legislation other than—
a: secondary legislation made by resolution of the House of Representatives; or
b: secondary legislation made under the Royal prerogative; or
c: a bylaw as defined in section 2
d: secondary legislation to which a disallowance exemption applies under Schedule 3 2012 No 119 s 38(2), (3) Section 115(d) amended 25 March 2021 section 4(2) Secondary Legislation Act 2021
116: House of Representatives may disallow secondary legislation by resolution
1: The House of Representatives may, by resolution, disallow any secondary legislation, or provision of secondary legislation, to which this subpart applies.
2: Legislation disallowed by a resolution ceases to have effect on the later of—
a: the passing of the resolution; and
b: any date stated in the resolution as the date on which the legislation ceases to have effect. 2012 No 119 s 42
117: Secondary legislation disallowed if House of Representatives does not dispose of motion to disallow
1: Secondary legislation, or a provision of secondary legislation, to which this subpart applies is disallowed if—
a: a member of the Committee of the House of Representatives responsible for the review of secondary legislation gives notice of a motion to disallow it; and
b: none of the following happens before the deadline:
i: the notice is withdrawn:
ii: the House disposes of the motion:
iii: Parliament is dissolved or expires.
2: Legislation disallowed under this section ceases to have effect on the later of—
a: the deadline; and
b: any date stated in the notice of motion as the date on which the legislation ceases to have effect.
3: In this section, the deadline 2012 No 119 s 43
118: Effect of disallowance on legislation
1: If secondary legislation, or a provision of secondary legislation, is disallowed under section 116 117
a: the disallowance has the same effect as a revocation of the secondary legislation or provision (except as set out in this section):
b: any other legislation that was previously amended, repealed, or revoked by the legislation or provision is restored or revived as it was immediately before it was amended, repealed, or revoked:
c: the restoration or revival takes effect at the time the disallowed legislation ceases to have effect.
2: This section alters the effect of section 32 2012 No 119 ss 44 45
119: House of Representatives may amend or replace secondary legislation
1: The House of Representatives may amend or replace any secondary legislation to which this subpart applies by resolution.
2: The amendment or replacement takes effect on the later of—
a: the 28th day after a copy of the resolution is published; and
b: any date stated in the resolution as the date on which it takes effect.
3: Secondary legislation that is amended or replaced by resolution of the House of Representatives may be disallowed as if the amendment or replacement were made by the maker of the secondary legislation (despite section 115(a) 2012 No 119 s 46
120: Resolution or motion is secondary legislation
1: A resolution or a motion that (whether itself or as a result of section 117 see Part 3
2: For that purpose, the Clerk of the House of Representatives must lodge a copy of the resolution or notice of the motion with the PCO, and the PCO must publish it as if it had been drafted by the PCO, under section 69(3)
3: However, sections 116(2) 117(2) 2012 No 119 s 47 The following table is small in size and has 3 columns that are grouped under the heading Requirements under this Act for secondary legislation made under subsection (1). Requirements under this Act for secondary legislation made under subsection (1) Publication PCO must publish it on the legislation website and notify it in the Gazette s 69(1)﻿(c) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 s 114 cl 32(1)﻿(a) Disallowance It is not disallowable ss 115 116 This note is not part of the Act.
3: Confirmation
121: Definitions used in this subpart
In this subpart,— deadline
a: for legislation that is made on or after 1 January but before the close of 30 June in the same year, the close of 30 June in the next year:
b: for legislation that is made on or after 1 July but before the close of 31 December in the same year, the close of 31 December in the next year unconfirmed legislation
122: What secondary legislation must be confirmed under this subpart
1: This subpart applies to secondary legislation if it is made under an empowering provision listed in Schedule 4
2: However, if that schedule limits which matters require confirmation under an empowering provision, this subpart applies to the secondary legislation only if it relates to those confirmable matters.
123: Secondary legislation must be confirmed by deadline (or otherwise will be revoked)
If secondary legislation to which this subpart applies is not confirmed on or before the deadline, the legislation is revoked on the deadline (if it is still in force). 2012 No 119 s 47C
124: How to confirm secondary legislation
1: To confirm secondary legislation by a deadline for the purposes of this subpart,—
a: an Act must contain a provision to the effect that it confirms the legislation; and
b: the provision must commence on or before the deadline.
2: The later repeal of the Act or provision does not affect the confirmation ( see section 32 2012 No 119 s 47E
125: Usual effect of revocation if not confirmed by deadline
1: If unconfirmed legislation is revoked by section 123
a: any duties, levies, or road user charges imposed under the unconfirmed legislation are cancelled and, if paid, must be refunded (except as set out in subsection (2)); and
b: any other legislation that was previously amended, repealed, or revoked by the unconfirmed legislation is restored or revived (as it was immediately before it was amended, repealed, or revoked); and
c: the restoration or revival takes effect at the time the unconfirmed legislation is revoked; and
d: revocation of the unconfirmed legislation does not otherwise affect its previous operation or anything done or suffered under it.
2: Subsection (1)﻿(a) does not apply to any of the following:
a: levies to which section 42C(3) or (4)
b: orders made under section 5(1)
c: fees or charges to which section 270(4) to (6)
d: levy rates set by regulations made under section 41(1)﻿(e)
3: However, this section does not apply if the unconfirmed legislation is made under an empowering provision listed in Part 2 2012 No 119 ss 47G–47I
126: Effect on some legislation of not being confirmed by deadline (whether or not earlier revoked)
1: This section applies to unconfirmed legislation made under an empowering provision listed in Part 2 section 123
2: The legislation is taken, on and from the deadline, to have been invalid for any previous period for which it purported to be in force. 2012 No 119 s 47D
127: Confirmable secondary legislation must state this fact
1: The explanatory note of secondary legislation to which this subpart applies must—
a: state (or contain statements to the effect) that the legislation must be confirmed by an Act before the deadline and that, if it is not confirmed, it will be revoked on that deadline; and
b: state the deadline.
2: However, a failure to include those statements does not affect the validity of the secondary legislation.
6: Parliamentary Counsel Office
128: Parliamentary Counsel Office continues
1: The Parliamentary Counsel Office is continued.
2: The Parliamentary Counsel Office is an instrument of the Crown and a separate statutory office under the Attorney-General’s control.
3: During any period when there is no Minister of the Crown who is Attorney-General, the Parliamentary Counsel Office is under the Prime Minister’s control. 2012 No 119 s 58 Objective and functions of PCO
129: Objective of PCO
The objective of the PCO is to promote high-quality legislation that is easy to find, use, and understand and, to that end, to exercise stewardship of New Zealand’s legislation as a whole.
130: Functions of PCO
The functions of the PCO are—
a: to draft, publish, and consolidate legislation (including, where appropriate, with aids for users and supporting documents) for the purposes of Part 3
b: to revise Acts in accordance with the current revision programme (as provided in subpart 3
c: to examine all local Bills and private Bills, and those Members’ Bills that the Attorney-General directs be examined, and to report to the Attorney-General on their effect (in particular, on whether they affect the rights of the Crown or the public and on their relationship to other legislation):
d: to advise departments and agencies on the drafting and publication of secondary legislation that is not drafted by the PCO:
e: to provide guidance and other support for, and keep under review, practices relating to the design, drafting, and publication of legislation:
f: to perform any other functions set out in this Act or any other legislation:
g: to perform the other functions relating to the drafting and publication of legislation that the Attorney-General directs be performed by the PCO. 2012 No 119 s 59
131: Confidentiality
1: Confidential communications between a client of the PCO and the Chief Parliamentary Counsel (or between a client of the PCO and another counsel in the PCO) are subject to legal professional privilege.
2: However, nothing in this section limits or affects the rules and practice of the House of Representatives.
3: In this section,— client confidential communications
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 section 137(2) 2012 No 119 s 61 Powers of Chief Parliamentary Counsel
132: Powers of Chief Parliamentary Counsel
The Chief Parliamentary Counsel has all the powers that are reasonably necessary or expedient to carry out the functions, duties, and powers imposed on the Chief Parliamentary Counsel by or under this Act or any other legislation. 2012 No 119 s 62
133: Delegation of functions, duties, and powers
1: The Chief Parliamentary Counsel—
a: may, either generally or particularly, delegate in writing to any employee of the PCO any of the functions, duties, and powers of the Chief Parliamentary Counsel, including functions, duties, and powers delegated to the Chief Parliamentary Counsel under any legislation:
b: must ensure that an appropriate delegation is at all times in place under this section to enable a person to act in place of the Chief Parliamentary Counsel during any absence or incapacity of the Chief Parliamentary Counsel or during any vacancy in the office of Chief Parliamentary Counsel.
2: The person to whom any functions, duties, or powers are delegated may perform those functions, or exercise those duties or powers, in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.
3: Subsection (2) is subject to any general or special directions given or conditions imposed by the Chief Parliamentary Counsel.
4: A person purporting to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.
5: A delegation may be made to—
a: a specified person or persons of a specified class; or
b: the holder or holders for the time being of a specified position, or of a specified class of positions.
6: No delegation affects or prevents the exercise of any function, responsibility, duty, or power by the Chief Parliamentary Counsel, or affects the responsibility of the Chief Parliamentary Counsel for the actions of any person acting under the delegation. 2012 No 119 s 63
134: Revocation of delegations
1: A delegation under section 133
2: A delegation made by a Chief Parliamentary Counsel who has ceased to hold office continues to have effect as if made by the successor in office of that Chief Parliamentary Counsel. 2012 No 119 s 65 Chief Parliamentary Counsel and employees of PCO
135: Chief Parliamentary Counsel
1: The Chief Parliamentary Counsel is the chief executive of the PCO and is responsible to the Attorney-General for—
a: carrying out the functions, duties, and powers of the PCO; and
b: the general conduct of the PCO; and
c: managing the activities of the PCO efficiently, effectively, and economically.
2: However, in matters relating to decisions on individual employees, the Chief Parliamentary Counsel is not responsible to the Attorney-General and must act independently.
3: The Chief Parliamentary Counsel—
a: must hold a legal qualification:
b: is appointed by the Governor-General on the recommendation of the Prime Minister:
c: holds office for the period, which may not exceed 7 years, that is specified in the instrument by which the Chief Parliamentary Counsel is appointed:
d: is eligible for reappointment from time to time:
e: may resign from office by written notice to the Attorney-General.
4: The Chief Parliamentary Counsel may at any time be removed or suspended from office by the Governor-General for inability to perform the functions of the office, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Governor-General. 2012 No 119 s 66
136: Parliamentary counsel
1: The Chief Parliamentary Counsel may appoint such people to be parliamentary counsel as the Chief Parliamentary Counsel thinks necessary for the efficient performance or exercise of the functions, duties, and powers of the Chief Parliamentary Counsel and the PCO.
2: A parliamentary counsel must hold a legal qualification.
3: A parliamentary counsel is an employee for the purposes of the Employment Relations Act 2000 2012 No 119 s 67
137: Chief Parliamentary Counsel and parliamentary counsel to hold legal qualification
1: A person meets the qualification requirement in section 135(3)﻿(a)
a: is a lawyer as defined in section 6
b: is eligible to practise law in a country or jurisdiction specified by an Order in Council made under subsection (4); or
c: holds a qualification that the Attorney-General considers is sufficient for the position.
2: A person meets the qualification requirement in section 136(2)
a: is a lawyer as defined in section 6
b: is eligible to practise law in a country or jurisdiction specified by an Order in Council made under subsection (4); or
c: holds a qualification that the Chief Parliamentary Counsel considers is sufficient for the position.
3: To avoid doubt, sections 21 to 24
4: The Governor-General may, by Order in Council made on the recommendation of the Attorney-General, specify countries and jurisdictions for the purposes of subsections (1)﻿(b) and (2)﻿(b).
5: An order under this section is secondary legislation ( see Part 3 2012 No 119 s 68 The following table is small in size and has 3 columns that are grouped under the heading Requirements under this Act for secondary legislation made under this section. Requirements under this Act for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives ss 115 116 This note is not part of the Act.
138: Other employees of PCO
1: The Chief Parliamentary Counsel may appoint such other employees as the Chief Parliamentary Counsel thinks necessary for the efficient performance or exercise of the functions, duties, and powers of the Chief Parliamentary Counsel and the PCO.
2: A person appointed under this section is an employee for the purposes of the Employment Relations Act 2000 2012 No 119 s 69
139: Remuneration and conditions of appointment of Chief Parliamentary Counsel
1: The Chief Parliamentary Counsel is paid the remuneration and allowances determined by the Remuneration Authority.
2: The terms and conditions of appointment of the Chief Parliamentary Counsel are determined from time to time by the Attorney-General unless otherwise provided in this Act. 2012 No 119 s 70
140: Chief Parliamentary Counsel acts as employer
The Chief Parliamentary Counsel has all the rights, duties, and powers of an employer in respect of the parliamentary counsel and other employees for whom the Chief Parliamentary Counsel is responsible. 2012 No 119 s 71
141: Collective agreements
1: The Chief Parliamentary Counsel must conduct any negotiations for a collective agreement under the Employment Relations Act 2000
a: with a union of which employees are members; and
b: in consultation with the Public Service Commissioner
2: In this section, union section 5 2012 No 119 s 72 Section 141(1)﻿(b) amended 7 August 2020 section 135 Public Service Act 2020
142: Employment principles
The Chief Parliamentary Counsel must operate a personnel policy that complies with the principle of being a good employer by following, as if the Chief Parliamentary Counsel were the chief executive of a department, sections 73 74 2012 No 119 s 73 Section 142 amended 7 August 2020 section 135 Public Service Act 2020
143: Appointments on merit
In making an appointment under section 136 138 2012 No 119 s 74
144: Chief Parliamentary Counsel to establish procedure for notifying vacancies and appointments, and reviewing appointments
The Chief Parliamentary Counsel must put in place a procedure that provides for—
a: notifying any vacancy or prospective vacancy in a manner sufficient to enable suitably qualified people to apply for the position, except where it is impracticable to do so; and
b: notifying PCO employees of every appointment (other than the appointment of an acting, temporary, or casual employee) to a vacant position in the PCO; and
c: reviewing those appointments made to an advertised vacant position within the PCO that are the subject of any complaint by an employee of the PCO. 2012 No 119 s 75
145: Secondments from elsewhere in State Services for developing senior leadership and management capability
Sections 143 144 section 64 1988 No 20 s 49 Section 145 amended 7 August 2020 section 135 Public Service Act 2020
146: Protection from liability
1: This section applies to the Chief Parliamentary Counsel and every employee of the PCO.
2: No proceeding may be brought against any person to whom this section applies for—
a: any liability of the PCO; or
b: any act done or omitted by the PCO, or by the person, in good faith in the performance or exercise (or intended performance or exercise) of the functions, duties, or powers of the PCO or the Chief Parliamentary Counsel. 2012 No 119 s 76
7: Regulations and miscellaneous provisions
Regulation-making powers
147: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Attorney-General, make regulations for 1 or more of the following purposes: Requirements for publication on and after main commencement date
a: prescribing additional minimum legislative information for the purposes of the definition of that term in section 5(1)
b: prescribing information for the purposes of the obligation for the PCO to notify the making of secondary legislation in the Gazette section 69
c: prescribing minimum requirements for the manner in which secondary legislation, or a part of secondary legislation, must be published, notified, or otherwise made available for the purpose of the applicable publication requirements under section 74(1) that—
i: are enacted on or after the main commencement date; or
ii: were enacted before the main commencement date and are specified in the regulations as ones to which section 74(1)﻿(aa)
iii: are in this Act:
d: prescribing any instrument of the Crown for the purposes of paragraph (d) of the definition of relevant central government entity in section 77 Requirements for publication and lodgement for publication on and after publication commencement date
e: requiring makers of secondary legislation not drafted by the PCO to lodge with the PCO for publication specified updates or corrections to minimum legislative information that is published under this Act:
f: specifying, for the purposes of section 70(1)﻿(c)
g: in respect of a consolidation required by regulations made under paragraph (f), specifying, for the purpose of section 71(1)
h: prescribing, for the purposes of any requirement for something to be lodged with the PCO for publication under this Act,—
i: by whom, when, where, and how the thing must be lodged (including, in the case of amendments, whether they must be lodged as amendments, as consolidations, or in both forms):
ii: the form, format, method, or medium that must be used in connection with the lodgement (which may be an electronic lodgement system):
iii: what information or other evidence or documents must be provided in connection with the thing that is lodged or the lodgement (including any certification or information, such as the date on which secondary legislation is made):
iv: requirements with which information, evidence, or documents that are provided in connection with lodgement must comply:
v: by whom, when, where, and how any updates or corrections must be made to the thing that must be lodged (and prescribing any other matters under this paragraph in relation to those updates or corrections):
i: authorising the PCO to determine or prescribe, whether by notice or by setting the requirements of an electronic lodgement system, any of the matters under paragraph (h):
j: determining what lodgement requirements imposed under the regulations are the standard requirements for lodgement for the purposes of subsection (6)﻿(a):
k: exempting (on terms and conditions, if any) secondary legislation from any or all of—
i: the requirements to lodge and publish particular minimum legislative information:
ii: the requirements relating to lodgement and publication that are prescribed under paragraphs (e) to (j):
iii: the prohibition on coming into force before publication under section 73
iv: any other requirements as to how or when to lodge or publish under this Act:
l: prescribing, for the purpose of section 76
m: imposing requirements concerning the manner in which legislation and minimum legislative information are to be made available to the public under section 72
n: specifying features by which an electronic document or a printed document is identifiable as an official version for the purpose of section 78
i: imposing requirements as to the form of official versions of legislation:
ii: providing how official versions of legislation in an electronic form can be authenticated: Fees
o: requiring the payment of fees and charges to the PCO to perform or exercise any function, duty, or power under this Act in relation to a discretionary publication request (and authorising the PCO not to act until a required amount is paid to it):
p: prescribing the amounts of those fees and charges or the manner in which those fees and charges are to be calculated:
q: authorising the PCO to require payment of any costs incurred by the PCO in connection with a discretionary publication request to the PCO:
r: authorising the PCO to waive or refund, in whole or in part and with or without conditions set by the regulations, payment of fees, charges, or costs: Other matters
s: providing for matters contemplated by subpart 2
i: deadlines and classes of secondary legislation to which those deadlines apply:
ii: dates and classes of secondary legislation (which may include all secondary legislation that is not listed or published on a particular date) for the purposes of revocations under that subpart:
iii: any matters set out in paragraphs (a) to (l) that are relevant to minimum legislative information or secondary legislation that is lodged under that subpart:
t: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: The Attorney-General must, before making a recommendation to specify an empowering provision under subsection (1)﻿(c)﻿(ii), be satisfied that the maker of the secondary legislation under that empowering provision has recommended that section 74(1)﻿(aa)
3: The Attorney-General must, before making a recommendation in relation to an exemption under subsection (1)﻿(k),—
a: have regard to the purpose of this Act; and
b: be satisfied that there is good reason for granting the exemption that outweighs the interests of the public in having the requirement met; and
c: be satisfied that the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the exemption.
4: If the Attorney-General makes a recommendation in relation to an exemption under subsection (1)﻿(k), the Attorney-General’s reasons for making the recommendation (including why the exemption is appropriate) must be published together with the regulations.
5: The Attorney-General must, before making a recommendation in relation to regulations under subsection (1)﻿(s), have regard to the purpose of subpart 2 clause 11
6: In this section, discretionary publication request
a: to publish secondary legislation that does not meet the prescribed standard requirements for lodgement:
b: to make an editorial change under subpart 2
7: Any fee, charge, or cost payable to the PCO is recoverable by the PCO in any court of competent jurisdiction as a debt due to the PCO.
7A: Regulations made under this section are secondary legislation ( see Part 3
7B: If regulations made under subsection (1)﻿(i) authorise the PCO to determine or prescribe matters by notice,—
a: a notice made under the regulations is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect.
8: References to sections of this Act (or to terms) in subsection (1)﻿(f) to (l) are to sections as in force (and to terms as defined) on and after the publication commencement date.
9: In this section, main commencement date publication commencement date clause 2 The following table is small in size and has 3 columns that are grouped under the heading Requirements under this Act for secondary legislation referred to in subsection (7A). Requirements under this Act for secondary legislation referred to in subsection (7A) Publication PCO must publish it on the legislation website and notify it in the Gazette s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Requirements under this Act for secondary legislation referred to in subsection (7B)﻿(a). Requirements under this Act for secondary legislation referred to in subsection (7B)﻿(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (7A) ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives ss 115 116 This note is not part of the Act. Section 147(1)﻿(c) amended 25 March 2021 section 4(2) Secondary Legislation Act 2021 Section 147(1)﻿(c)﻿(i) inserted 25 March 2021 section 4(2) Secondary Legislation Act 2021 Section 147(1)﻿(c)﻿(ii) inserted 25 March 2021 section 4(2) Secondary Legislation Act 2021 Section 147(1)﻿(c)﻿(iii) inserted 25 March 2021 section 4(2) Secondary Legislation Act 2021 Section 147(2) replaced 25 March 2021 section 4(2) Secondary Legislation Act 2021 Section 147(7A) inserted 25 March 2021 section 4(2) Secondary Legislation Act 2021 Section 147(7B) inserted 25 March 2021 section 4(2) Secondary Legislation Act 2021
147A: Regulations may make consequential amendments to other secondary legislation that authorises sub-delegated legislation
1: This section applies to any secondary legislation that—
a: authorises the making of other secondary legislation ( sub-delegated legislation
b: is required, by its own empowering legislation, to contain a statement to the effect that the sub-delegated legislation is secondary legislation.
2: A failure to contain that statement does not affect the validity of either the secondary legislation or the sub-delegated legislation.
3: However, the Governor-General may, by Order in Council, make regulations to amend the secondary legislation (whether or not made by the Governor-General) to—
a: contain a statement to that effect and refer to Part 3
b: make any other consequential amendments.
4: The only facts, circumstances, or preconditions that must exist or be satisfied before those amendments are made are those that apply under this section.
5: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Requirements under this Act for secondary legislation made under this section. Requirements under this Act for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives ss 115 116 This note is not part of the Act. Section 147A inserted 25 March 2021 section 4(2) Secondary Legislation Act 2021 Review of revision programme provisions
148: Review of revision programme provisions after 30 June 2020
1: The Attorney-General must, as soon as practicable after 30 June 2020, require the Chief Parliamentary Counsel to prepare a report on—
a: the need for, and operation and effectiveness of, sections 59 to 62 subpart 3 Legislation Act 2012
b: whether any amendments to any of those provisions are necessary or desirable.
2: The Attorney-General must ensure that the persons and organisations that the Attorney-General thinks appropriate are consulted during the preparation of the report about the matters to be considered in the report.
3: The Attorney-General must present a copy of the report to the House of Representatives as soon as practicable after the Attorney-General receives the report.
4: This section is repealed on 1 July 2021. 2012 No 119 s 36 2021-07-01 Legislation Act 2019 Section 148 repealed.