Legislation (Confirmable Instruments) Amendment Act 2015

1: Title
This Act is the Legislation (Confirmable Instruments) Amendment Act 2015.
2: Commencement
This Act comes into force on 1 January 2016.
3: Principal Act
This Act amends the Legislation Act 2012 principal Act 2016-01-01 Legislation Act 2012
4: Section 3 amended (Purposes)
In section 3(a) disallowing and confirming
5: Section 4 amended (Interpretation)
In section 4 confirmable instrument section 47B deadline section 47C(2) section 47C(1)﻿(a) or (b)
6: New section 4A inserted (Transitional, savings, and related provisions)
After section 4
4A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
7: Part 3 heading amended
In the Part 3 Disallowable instruments , confirmable instruments,
8: Section 37 amended (Interpretation)
In section 37 confirmation provision
9: Section 39 amended (Instruments that have significant legislative effect)
Replace section 39(3)﻿(b)
b: whether all or a portion of the instrument makes it a confirmable instrument:
10: Section 45 replaced (Effect of disallowance on enactment amended, repealed, or revoked by disallowed instrument)
Replace section 45
45: Effect of disallowance on enactment amended, repealed, or revoked by disallowed instrument
1: This section applies if some or all provisions of a disallowable instrument—
a: amend an Act or instrument, repeal an Act, or revoke an instrument; and
b: are provisions that are later disallowed under section 42 or 43.
2: The Act or instrument is restored or revived—
a: as it was immediately before it was amended, repealed, or revoked by the disallowed provisions; and
b: with effect from when the disallowed provisions cease to have effect.
3: This section alters an outcome under section 17(1)﻿(d) of the Interpretation Act 1999 ( see 1989 No 143 s 8
11: New subpart 1A of Part 3 inserted
After section 47
1A: Confirmable instruments
47A: Overview
1: This subpart ensures some instruments are revoked by this Act at a deadline unless earlier confirmed by an Act of Parliament.
2: The instruments are made under the section or sections listed in Schedule 2 see section 47B
3: The deadline differs depending on whether the instrument is made in the first or second half of a year ( see section 47C
4: If the instrument is one of a subset of confirmable instruments called annual confirmable instruments, and has been revoked before the deadline, then it is invalid for its past operation unless confirmed by an Act ( see sections 47B and 47D
5: Revocation by this Act of the instrument generally does not affect the validity of acts done under it before it is revoked ( see section 47F
6: Amendments, revocations, or repeals effected by the instrument are undone with effect from when the instrument is revoked by this Act ( see section 47G
7: Any duties, levies, or road user charges collected under the instrument must, with some exceptions, be refunded if the instrument is later revoked by this Act ( see sections 47H and 47I
8: This section is only a general guide to this subpart, which replaces and standardises former inconsistent confirmation provisions in the Acts listed in Schedule 2
47B: Confirmable instruments, etc, defined
1: An instrument made under an enactment is a confirmable instrument
a: is made under the empowering section or sections in a row of the table in Schedule 2
b: complies with any restriction in that row.
2: A confirmable instrument is an annual confirmable instrument
a: section 15(2) of the New Zealand Superannuation and Retirement Income Act 2001:
b: section 30(2) of the New Zealand Superannuation and Retirement Income Act 2001:
c: section 61H(1) (apart from, or with, clause 3(6) of Schedule 32) of the Social Security Act 1964:
d: section 61HA(2) (apart from, or with, clause 3(6) of Schedule 32) of the Social Security Act 1964:
e: section 61I(1) of the Social Security Act 1964:
f: section 190(2) of the Veterans’ Support Act 2014.
47C: Instruments revoked unless confirmed
1: A confirmable instrument is revoked at the following applicable deadline:
a: if it is made during the first half of a year, it is revoked at the middle of the next year:
b: if it is made during the second half of a year, it is revoked at the end of the next year.
2: However, a confirmable instrument is not revoked by subsection (1)﻿(a) or (b) so far as it—
a: has been revoked, or expires, with effect before or on the deadline; or
b: has ceased, or will cease, to have effect before or on the deadline by virtue of subpart 1 of Part 3 (disallowable instruments); or
c: has before or on the deadline been confirmed by an Act of Parliament.
3: In this section,—
a: the first half of a year
b: the second half of a year
c: the middle of the next year
d: the end of the next year 1990 No 127 s 12; 1993 No 95 ss 100S, 100ZH, 138, 151; 2011 No 81 s 387(3); 2012 No 1 s 85(4); 2014 No 32 s 214
47D: Operation of annual instruments invalid if revoked before, and not confirmed by, deadline
1: This section applies to an annual confirmable instrument so far as it—
a: has been revoked with effect before or on the deadline; and
b: is therefore under section 47C(2)﻿(a) section 47C(1)﻿(a) or (b)
2: The instrument is, after the deadline, taken to have been invalid in respect of the period for which it purported to have effect.
3: Subsection (2) does not apply so far as the instrument has before or on the deadline been confirmed by an Act of Parliament. 1964 No 136 ss 61H(4), 61HA(6), 61I(2); 2001 No 84 ss 15(5), 30(5); 2014 No 56 s 190(5)
47E: How instrument is confirmed by Act
1: A confirmable instrument is for the purposes of this subpart confirmed by an Act of Parliament—
a: only if the Act contains a provision to the effect that the instrument is confirmed; and
b: only on and after that provision’s commencement.
2: The later repeal of the Act or provision does not affect the confirmation of the instrument (in line with section 17(1)﻿(c) of the Interpretation Act 1999). 1964 No 136 s 61H(6); 1996 No 27 s 286B(2); 2012 No 1 s 85(6)
47F: Effect of revocation: general
1: This section applies to the revocation by section 47C(1)﻿(a) or (b)
2: That revocation does not affect the previous operation of the instrument or anything done or suffered under it (in line with section 17(1)﻿(e) of the Interpretation Act 1999).
3: This section is subject to section 47H
47G: Effect of revocation: amendments, etc
1: This section applies if a confirmable instrument—
a: amends an Act or instrument, repeals an Act, or revokes an instrument; and
b: is later revoked by section 47C(1)﻿(a) or (b)
2: The Act or instrument is restored or revived—
a: as it was immediately before it was amended, repealed, or revoked by the confirmable instrument; and
b: with effect from when the confirmable instrument is later revoked by section 47C(1)﻿(a) or (b)
3: This section alters an outcome under section 17(1)﻿(d) of the Interpretation Act 1999 ( see
47H: Effect of revocation: duties, levies, or charges
1: This section applies if the effect of the instrument revoked by section 47C(1)﻿(a) or (b)
2: Any duties, levies, or road user charges collected under the instrument (or, if the effect of the instrument is to vary any duties, levies, or road user charges, any duties, levies, or road user charges collected after the variation takes effect) must, unless an Act of Parliament provides otherwise, be refunded.
3: This section is subject to section 47I 1988 No 155 s 11(2); 1996 No 27 s 80(2); 2012 No 1 s 85(5)
47I: Effect of revocation: exceptions to section 47H
1: Section 47H(2) section 47C(1)﻿(a) or (b)
2: Section 47H(2) section 47C(1)﻿(a) or (b)
3: Section 47H(2) section 47C(1)﻿(a) or (b)
4: Section 47H(2) section 47C(1)﻿(a) or (b)
5: In this section,— civil aviation safety levy orders energy resources levy rate orders land transport fees or charges regulations
a: made under section 269 or 269A of the Land Transport Act 1998; and
b: prescribing fees or charges waste minimisation levy rate regulations
12: New Schedule 1AA inserted
Before the Schedule Schedule 1
13: New Schedule 2 inserted
After the Schedule Schedule 2
14: Consequential amendments to other Acts
Amend the Acts specified in Schedule 3 2016-01-01 Agricultural Compounds and Veterinary Medicines Act 1997 Animal Products Act 1999 Antarctica (Environmental Protection) Act 1994 Arms Act 1983 Biosecurity Act 1993 Civil Aviation Act 1990 Climate Change Response Act 2002 Commodity Levies Act 1990 Criminal Procedure Act 2011 Customs and Excise Act 1996 Education Act 1989 Electronic Transactions Act 2002 Energy (Fuels, Levies, and References) Act 1989 Energy Resources Levy Act 1976 Fisheries Act 1996 Food Act 2014 Forests Act 1949 Gambling Act 2003 Industry Training and Apprenticeships Act 1992 KiwiSaver Act 2006 Land Transport Act 1998 Maritime Security Act 2004 National Animal Identification and Tracing Act 2012 New Zealand Superannuation and Retirement Income Act 2001 Parental Leave and Employment Protection Act 1987 Petroleum Demand Restraint Act 1981 Policing Act 2008 Primary Products Marketing Act 1953 Reserve Bank of New Zealand Act 1989 Road User Charges Act 2012 Social Security Act 1964 Tariff Act 1988 Tax Administration Act 1994 Veterans' Support Act 2014 Waste Minimisation Act 2008 Wine Act 2003