Legislation Act 2012

1: Title
This Act is the Legislation Act 2012.
2: Commencement
1: Part 1 subpart 3 Part 4 section 77(2), (3), (4), (6), and (7)
2: Subparts 1 2 Part 3 section 77(2), (3), (4), (6), and (7) Schedule
a: a date appointed by the Governor-General by Order in Council:
b: 1 July 2014
3: One or more Orders in Council may be made under subsection (2) appointing different dates for different provisions. Section 2(2)﻿(a) brought into force 5 August 2013 clause 2 Legislation Act Commencement Order 2013 Section 2(2)﻿(a) brought into force 1 February 2014 clause 2 Legislation Act Commencement Order (No 2) 2013
1: General provisions
3: Purposes
The purposes of this Act are—
a: to bring together in this Act the main provisions of New Zealand legislation that relate to the drafting, publication, and reprinting of legislation, and the disallowing and confirming
b: to provide for electronic and printed copies of Acts and legislative instruments to be published:
c: to provide for official versions of Acts and legislative instruments to be published in electronic form:
d: to facilitate the production of up-to-date reprints that are modernised and made consistent with current drafting practice concerning their mode of expression, style, and format:
e: to make New Zealand statute law more accessible, readable, and easier to understand by facilitating the progressive and systematic revision of the New Zealand statute book so that—
i: statute law is rationalised and arranged more logically:
ii: inconsistencies and overlaps are removed:
iii: obsolete and redundant provisions are repealed:
iv: expression, style, and format are modernised and made consistent:
ea: to provide for the publishing, to help meet international transparency obligations, of copies of and links to certain subordinate legislation:
f: to enable certain kinds of subordinate legislation to incorporate material by reference in reliance on this Act, subject to compliance with consultation and other requirements:
g: to replace the Statutes Drafting and Compilation Act 1920 Section 3(a) amended 1 January 2016 section 4 Legislation (Confirmable Instruments) Amendment Act 2015 Section 3(ea) inserted 30 December 2018 section 60 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
4: Interpretation
In this Act, unless the context otherwise requires,— Chief Parliamentary Counsel section 66 confirmable instrument section 47B deadline section 47C(2) disallowable instrument section 38 Imperial enactment Imperial Laws Application Act 1988 Imperial subordinate legislation Imperial Laws Application Act 1988 legislation legislative instrument
a: an Order in Council other than—
i: an Order in Council that the empowering Act requires to be published in the Gazette
ii: an Order in Council that relates exclusively to an individual:
b: an instrument made by a Minister of the Crown that amends an Act or defines the meaning of a term used in an Act:
c: an instrument that an Act requires to be published under Part 2
d: resolutions of the House of Representatives that—
i: revoke a disallowable instrument in whole or in part; or
ii: amend a disallowable instrument; or
iii: revoke and substitute a disallowable instrument official version section 17 PCO section 58 reprint
a: states, as at the date at which it is stated to be reprinted, the law enacted or made by the legislation reprinted and by the amendments (if any) to that legislation; and
b: is published under Part 2 1989 No 142 ss 2 16B(2) Section 4 confirmable instrument inserted 1 January 2016 section 5 Legislation (Confirmable Instruments) Amendment Act 2015 Section 4 deadline inserted 1 January 2016 section 5 Legislation (Confirmable Instruments) Amendment Act 2015 Section 4 legislative instrument amended 30 December 2018 section 61(1) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 4 reprint amended 30 December 2018 section 61(2) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
4A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 4A inserted 1 January 2016 section 6 Legislation (Confirmable Instruments) Amendment Act 2015
5: Act binds the Crown
This Act binds the Crown.
2: Law relating to publishing, reprinting, and revising legislation
1: Publishing legislation
Responsibilities and requirements
6: Chief Parliamentary Counsel to arrange publication
1: The Chief Parliamentary Counsel must arrange for the publication of—
a: copies of every Act enacted by Parliament after the commencement of this section; and
b: copies of all legislative instruments made after the commencement of this section; and
c: any reprints of Acts and legislative instruments, and any reprints of regulations made before the commencement of this section, issued by him or her in addition to reprints to which subsection (5) applies; and
d: reprints of Imperial enactments and Imperial subordinate legislation.
2: A copy of every Act must be published in electronic form as soon as practicable after the Act is enacted.
3: A copy of every legislative instrument must be published in electronic form as soon as practicable after the instrument is made.
4: The Governor-General may, by Order in Council,—
a: authorise or direct the Chief Parliamentary Counsel to arrange for the publication in printed form of any legislation or class of legislation specified in the order; and
b: specify conditions to which the authorisation or direction is subject.
5: When an Act or a legislative instrument is amended after the commencement of this section, the Chief Parliamentary Counsel—
a: must arrange for a reprint of the Act or legislative instrument to be published in electronic form so that an up-to-date version of the legislation is available in accordance with section 9
b: may also arrange for the reprint to be published in printed form.
6:
7: The Chief Parliamentary Counsel performs functions under this section subject to any directions given by the Attorney-General.
8: An Order in Council made under subsection (4) is a legislative instrument and a disallowable instrument for the purposes of this Act and must be presented to the House of Representatives under section 41 1989 No 142 s 4 Section 6(6) repealed 29 October 2019 section 3 section 5 Legislation (Repeals and Amendments) Act 2019 Availability
7: Designation of places where printed copies of legislation may be purchased
Section 7 repealed 29 October 2019 section 3 Legislation (Repeals and Amendments) Act 2019
8: Sale of copies of legislation
Section 8 repealed 29 October 2019 section 3 Legislation (Repeals and Amendments) Act 2019
9: Availability of electronic versions of legislation
1: The Chief Parliamentary Counsel must ensure that, as far as practicable, official electronic versions of legislation issued under section 17
2: Official electronic versions of legislation must be made available under this section free of charge.
3: This section applies to all enacted legislation other than legislation that ceased to be in force before the commencement of this section.
4: This section is subject to any regulations made under section 22 Forwarding to Chief Parliamentary Counsel
10: Copies of legislative instruments to be forwarded to Chief Parliamentary Counsel
A copy of every legislative instrument made after the commencement of this section must be forwarded to the Chief Parliamentary Counsel without delay. 1989 No 142 s 5 Numbering and notification
11: Numbering of legislative instruments
1: All copies of legislative instruments published under section 6
2: Legislative instruments may be cited by the number given to them and by a reference to the year in which copies of them are published.
3: Subsection (2) does not limit any other mode of citation. 1989 No 142 s 11
12: Notice of making of legislative instruments
1: The Chief Parliamentary Counsel must notify the making of legislative instruments.
2: A notice under subsection (1) must be published in the Gazette
a: the title of the legislative instrument:
b: the date on which the legislative instrument was made:
c: the Act or other authority under which the legislative instrument was made:
d: the number allocated to the legislative instrument under section 11
e: information about ways that copies of the legislative instrument may be accessed or purchased:
f: any other information the Chief Parliamentary Counsel considers appropriate. 1989 No 142 s 12 Section 12(2)﻿(e) replaced 29 October 2019 section 3 Legislation (Repeals and Amendments) Act 2019
13: Complying with requirement to publish or notify in
Gazette Part
1: This section applies if an Act requires that an instrument be published or notified in the Gazette
2: It is sufficient compliance with the requirement to publish or notify the instrument in the Gazette Part Gazette section 12 1989 No 142 s 13 Section 13 heading amended 30 December 2018 section 62(1) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 13(2) amended 30 December 2018 section 62(2) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Other instruments
14: Publication of instruments other than legislative instruments
1: The Attorney-General or the Chief Parliamentary Counsel may arrange for an instrument that is not a legislative instrument to be published in accordance with section 6
2: An instrument is not a legislative instrument for the purposes of this subpart just because it is published under this section.
3: The following provisions apply to every instrument that is published under this section:
a: section 11
b: section 12
c: section 13 Gazette
d: section 16
e: section 17
f: section 18
g: section 20
h: section 21 1989 No 142 s 14 Revocation of spent instruments
15: Power to revoke spent instruments
1: The Governor-General may, by Order in Council, on the recommendation of the Attorney-General, revoke any instrument or (as the case requires) declare that the instrument ceases to have effect as part of the law of New Zealand.
2: Before making a recommendation under subsection (1), the Attorney-General must be satisfied that the instrument has ceased to have effect or is no longer required.
3: This section is in addition to any other enactment relating to the revocation of instruments.
4: In this section, instrument
a: any regulations:
b: any legislative instrument:
c: any of the following kinds of instrument made or given by the Governor-General or any Minister of the Crown or any person in the service of the Crown, or made or given under any Imperial Act:
i: any Order in Council or Proclamation:
ii: any notice, warrant, order, direction, determination, rules, or other instrument of authority. 1989 No 142 s 16 Judicial notice of legislation
16: Judicial notice of Acts, regulations, and legislative instruments
All courts and persons acting judicially must take judicial notice of all Acts, regulations, and legislative instruments. 1989 No 142 ss 16A 16B Official versions of legislation
17: Electronic and printed official versions of legislation
1: The Chief Parliamentary Counsel may issue—
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 printed document that is identifiable as an official version of legislation in accordance with regulations made under section 22
4: This section applies whether the legislation is enacted, made, printed, or published before or after the commencement of this section.
18: Legal status of official version
1: An official version of legislation as originally enacted or made is taken to correctly set out the text of the legislation.
2: An official version that is a reprint—
a: is taken to correctly state, as at the date at which it is stated to be reprinted, the law enacted or made by the legislation reprinted and by the amendments (if any) to that legislation; and
b: is evidence that any changes made in the reprint are authorised by subpart 2
3: An official version of regulations or a legislative instrument, or of a reprint of regulations or a legislative instrument, that shows the date of the notification of the regulations or legislative instrument in the Gazette Gazette
4: The presumptions in subsections (1) to (3) apply unless the contrary is shown.
5: For the purposes of the amendment of, incorporation of, or reference to legislation that has been reprinted under subpart 2 Reprints Act 1992 s 9 (Qld) Evidence of parliamentary journals
19: Copies of parliamentary journals to be evidence
1: This section applies to copies of the Journals of the Legislative Council or the House of Representatives that purport to be printed by the Government Printer or published by order or under the authority of the House of Representatives.
2: All courts and all persons acting judicially must admit those copies as evidence of the matters stated in them, without further proof that they were so printed or published. 1989 No 142 s 16E Form of copies and reprints of legislation
20: Directions as to form of copies and reprints of legislation
1: The Attorney-General may give directions about the form in which 1 or more of the following must be published under this subpart:
a: copies of Acts:
b: reprints of Acts:
c: copies of legislative instruments:
d: reprints of regulations and legislative instruments:
e: reprints of Imperial enactments and Imperial subordinate legislation.
2: A direction may include provision for the omission of signatures and formal or introductory parts. 1989 No 142 s 7
21: Special requirements for copies of legislative instruments
1: A published copy of a legislative instrument must contain references to the following:
a: the Act or other authority under which the legislative instrument was made:
b: the date on which the legislative instrument was made:
c: the date (if any) on which the legislative instrument is stated to come into force.
2: This section overrides section 20(2) 1989 No 142 s 8 Regulations
22: Regulations
The Governor-General may, by Order in Council, make regulations for 1 or more of the following purposes:
a: imposing requirements or conditions concerning the manner in which official versions of legislation in electronic form are to be made available to the public under section 9
b: specifying features by which an electronic document or a printed document is identifiable as an official version for the purpose of section 17
i: imposing requirements or conditions as to the form of official versions of legislation:
ii: providing how official versions of legislation in an electronic form can be authenticated:
c: providing for any other matters contemplated by this subpart, necessary for its administration, or necessary for giving it full effect.
2: Reprints
23: Interpretation
In this subpart, unless the context otherwise requires,— current drafting practice legislation section 14 referential words of this Act of this section of this paragraph the said hereof 1989 No 142 s 17A
24: Power to make changes in reprints
1: Changes authorised by sections 25 26
2: Sections 25 26
3: Nothing in this section limits the authority to make changes in a reprint in reliance on the application of section 22 1989 No 142 s 17C
25: Editorial changes
1: The Chief Parliamentary Counsel may make the following changes in a reprint:
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 reprinted: Examples
The word he he or she The word chairman chairperson The words Her Majesty the Queen the Sovereign
b: the numbering, renumbering, and consequential amendments authorised by an Order in Council made under subsection (2):
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, office, person, place, or 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: 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
f: unnecessary referential words may be omitted:
g: changes may be made to words in the Māori language (te reo Māori) to reflect current orthographic conventions:
h: punctuation may be changed or omitted, or new punctuation inserted, so as to be consistent with current drafting practice:
i: conjunctives and disjunctives may be inserted, omitted, or changed so as to be consistent with current drafting practice:
j: 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 another enactment, to the legislation reprinted:
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.
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
ka: 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.
l: a provision in the nature of a savings, transitional, validation, or other similar provision that is contained in an amending enactment may be incorporated as a provision of the enactment it amends, and all necessary consequential amendments may be made:
m: 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 another enactment, to the legislation reprinted: Example
The heading to a section may be changed to reflect the effect of an amendment to the section.
n: changes may be made that are purely consequential on any other change authorised by this subpart.
2: For the purpose of making legislation consistent with current drafting practice, the Governor-General may, by Order in Council, authorise the Chief Parliamentary Counsel to—
a: reprint any specified legislation by numbering provisions or renumbering provisions, as the case may be, in the manner indicated by the order; and
b: reprint any other specified legislation, in the manner indicated by the order, so as to update any references in that legislation to provisions that are numbered or renumbered under paragraph (a).
3: Alternative text that is inserted in a reprint to indicate the effect of an element (for example, a graphical image such as a crest, map, or medal) does not form part of an official version of the reprinted enactment. 1989 No 142 s 17E Section 25(1)﻿(ka) inserted 29 October 2019 section 3 Legislation (Repeals and Amendments) Act 2019
26: Changes to format
1: The Chief Parliamentary Counsel may make format changes so that the format of the reprint is consistent with current drafting practice.
2: Changes authorised by this section include (without limitation)—
a: changes to the setting out of provisions, tables, and schedules:
b: the repositioning of marginal notes or section headings:
c: changes to typeface and type size:
d: the addition or removal of boldface, italics, and similar textual attributes:
e: the addition or removal of quotation marks and rules:
f: changes to the case of letters or words: Example
Small capitals may be changed to ordinary capitals or to lower case.
g: the repositioning of the date of Royal assent. 1989 No 142 s 17D
27: Changes to be noted in reprint
If changes authorised by this subpart are made in a reprint, the reprint must—
a: indicate that fact in a suitable place; and
b: outline in general terms, and in a suitable place, the changes made. 1989 No 142 s 17F
3: Revision Bills
Preliminary provisions
28: Interpretation
In this subpart, unless the context otherwise requires,— revision Bill revision programme section 30
29: Overview
1: This subpart sets out the procedure for the preparation and certification of revision Bills.
2: The purpose of revision is to re-enact, in an up-to-date and accessible form, the law previously contained in all or part of 1 or more Acts, but (except as authorised by this subpart) revision is not intended to change the effect of a law.
3: 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. Preparation of revisions
30: 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 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.
4: The Attorney-General must present a revision programme to the House of Representatives as soon as practicable after it is approved by the Government.
4A: The Attorney-General may amend, or replace, the 3-yearly revision programme if the Attorney-General complies with subsections (3) and (4) (applied as if the amendment or replacement were the draft or programme).
5: The PCO's annual report under section 43
a: recommendations for the repeal of obsolete or redundant enactments or provisions of enactments, 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 31
ii: the reprint powers under subpart 2
iii: the procedure for the certification of revision Bills. Section 30(4A) inserted 29 October 2019 section 3 Legislation (Repeals and Amendments) Act 2019
31: 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 enactments that are not incorporated in the revision but are relevant to the subject matter of the revision:
h: correct typographical, punctuation, and grammatical errors, and other similar errors:
i:
j:
k:
l: make consequential amendments to enactments that are not incorporated, or are incorporated only in part, in the revision:
m: include any necessary repeals, savings, and transitional provisions.
2A: 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 New Zealand Consumers Price Index over the relevant period, or provide for the amount to be prescribed by Order in Council:
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 Orders in Council:
ii: include matters currently prescribed by Order in Council 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.
2B: A revision Bill must not change the effect of the law, except as authorised by subsection (2A).
3: A revision Bill must not change the effect of the law, except as authorised by subsection (2)﻿(i) or (j).
4: To avoid doubt, the changes that may be made in a revision Bill include (without limitation) any of the changes that may be made in a reprint under subpart 2 Section 31(2)﻿(i) repealed 29 October 2019 section 3 Legislation (Repeals and Amendments) Act 2019 Section 31(2)﻿(j) repealed 29 October 2019 section 3 Legislation (Repeals and Amendments) Act 2019 Section 31(2)﻿(k) repealed 29 October 2019 section 3 Legislation (Repeals and Amendments) Act 2019 Section 31(2A) inserted 29 October 2019 section 3 Legislation (Repeals and Amendments) Act 2019 Section 31(2B) inserted 29 October 2019 section 3 Legislation (Repeals and Amendments) Act 2019
32: Format of revision Bill
1: A revision Bill must be in the form of a Bill suitable for introduction into the House of Representatives.
2: A revision Bill must include, as part of its explanatory note, a statement setting out, in general terms, the inconsistencies, anomalies, discrepancies, and omissions that were identified in the course of the preparation of 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.
33: 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 31
b: the revision Bill does not change the effect of the law, except as authorised by section 31(2A)
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. Section 33(3)﻿(b) amended 29 October 2019 section 3 Legislation (Repeals and Amendments) Act 2019
34: 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 31
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. Interpretation of revision Acts
35: Revision Acts not intended to change effect of law
1: A revision Bill prepared and certified under this subpart becomes a revision Act
2: A provision of a revision Act is not intended to change the effect of the law as expressed in the Acts or parts of Acts repealed by and incorporated in the revision Act.
3: However, if a revision Act expressly provides that a particular provision is intended to change the effect of the law, subsection (2) is overridden to the extent necessary to give effect to the change. 2007 No 97 s ZA 3(3) Review of this subpart
36: Review after 6 years
1: The Attorney-General must, as soon as practicable after the end of the 6-year period specified in subsection (2), require the Chief Parliamentary Counsel to prepare a report on—
a: the need for this subpart; and
b: this subpart's operation and effectiveness; and
c: whether any amendments to this subpart are necessary or desirable.
2: The 6-year period
3: The Attorney-General must ensure that the persons and organisations that he or she thinks appropriate are consulted during the preparation of the report about the matters to be considered in the report.
4: The Attorney-General must present a copy of the report to the House of Representatives as soon as practicable after he or she receives the report.
2A: Publishing, for international transparency, of copies of and links to certain subordinate legislation
Part 2A inserted 30 December 2018 section 63 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Purpose, overview, and definitions Heading inserted 30 December 2018 section 63 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
36A: Purpose of this Part
The purpose of this Part is to help New Zealand meet its international transparency obligations. Section 36A inserted 30 December 2018 section 63 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
36B: Overview of this Part
1: This Part applies to instruments if—
a: they are made under an enactment by a Minister of the Crown or a central government entity, and have a significant legislative effect; and
b: they are not published (under Part 2
c: publication under this Part of copies of them, and links to them, would help New Zealand meet its international transparency obligations.
2: This Part—
a: requires copies of the instruments to be published on the maker’s website, if no other enactment requires that; and
b: requires to be in or with the copies, as so published, all the details necessary or desirable for meeting all applicable international transparency obligations; and
c: requires links to them, as so published, to be forwarded to the Chief Parliamentary Counsel, and published on the central website.
3: This section is only a general guide to this Part. Section 36B inserted 30 December 2018 section 63 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
36C: Instrument, and other terms, defined
1: Instrument
a: that is made under an enactment by a Minister of the Crown or a central government entity (even if the Minister or entity is performing a statutorily independent function); and
b: that has, or a portion of which has, under section 39 sections 37 40
c: that is related to international transparency obligations (because the publishing under this Part of copies of and links to the instrument would help meet those obligations); and
d: that is not, and is not an instrument published (under section 14
2: In this Part, unless the context otherwise requires,— central government entity
a: a government department named in Part 1 see Part 2
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 an order made under subsection (3) central website 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 maker’s website published and made available
3: The Governor-General may, by Order in Council, prescribe any other instrument of the Crown for the purposes of paragraph (d) of the definition of central government entity in subsection (2). Section 36C inserted 30 December 2018 section 63 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 36C(2) central government entity replaced 7 August 2020 section 135 Public Service Act 2020 Section 36C(2) central government entity amended 1 August 2020 section 668 Education and Training Act 2020 Duty to publish and make available copies on maker’s website Heading inserted 30 December 2018 section 63 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
36D: Maker must ensure instrument is published and made available
1: This section applies to an instrument—
a: made after the commencement of Part 5
b: unless an enactment other than this section requires a copy of the instrument to be published and made available on the maker’s website.
2: The maker must ensure that a copy of the instrument is as soon as practicable published and made available on the maker’s website. Section 36D inserted 30 December 2018 section 63 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Duty to ensure details are in or with copies as on maker’s website Heading inserted 30 December 2018 section 63 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
36E: Maker must ensure details are in or with instrument
1: This section applies to an instrument—
a: made after the commencement of Part 5
b: a copy of which is published and made available on the maker’s website.
2: The maker must ensure that the instrument’s details are in or with a copy of the instrument as published and made available on the maker’s website.
3: However, details of an instrument are taken to be in or with a copy of the instrument as published and made available on the maker’s website if—
a: the instrument amends (without also replacing wholly) a principal instrument; and
b: the details relate to the amendments the instrument makes to the principal instrument; and
c: the details are in or with a compilation of the principal instrument published and made available on the maker’s website.
4: The Chief Parliamentary Counsel must give all or any makers, and ensure there is or are in force for all instruments, a direction or directions setting out, in general terms, the nature of their details.
5: A direction given under this section—
a: must as soon as practicable be published and made available on the central website:
b: is not a legislative instrument, or a disallowable instrument, for the purposes of this Act, and does not have to be presented to the House of Representatives under section 41
6: The maker must, if required to do so by a document given by the Chief Parliamentary Counsel, republish a copy of the instrument promptly on the maker’s website in a form that complies with this section. Section 36E inserted 30 December 2018 section 63 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Links to be forwarded and made available on central website Heading inserted 30 December 2018 section 63 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
36F: Links to be forwarded as directed
1: This section applies to an instrument—
a: made after the commencement of Part 5
b: a copy of which is published and made available on the maker’s website.
2: The maker must forward the instrument’s links to the Chief Parliamentary Counsel, without delay and in line with all applicable directions given under this section.
3: The Chief Parliamentary Counsel must give all or any makers, and ensure there is or are in force for all instruments, a direction or directions setting out, in general terms, the nature of their links and the form and manner in which they are to be forwarded.
4: A direction given under this section—
a: must as soon as practicable be published and made available on the central website:
b: is not a legislative instrument, or a disallowable instrument, for the purposes of this Act, and does not have to be presented to the House of Representatives under section 41 Section 36F inserted 30 December 2018 section 63 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
36G: Links forwarded and other instruments must be published and made available
The Chief Parliamentary Counsel must ensure that the following are as soon as practicable published and made available on the central website:
a: links forwarded under section 36F
b: legislative instruments published under section 6 section 14 Section 36G inserted 30 December 2018 section 63 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
3: Subordinate legislation: Disallowable instruments
, confirmable instruments, Part 3 heading amended 1 January 2016 section 7 Legislation (Confirmable Instruments) Amendment Act 2015
1: Disallowable instruments
Interpretation
37: Interpretation
In this subpart, unless the context otherwise requires,— obligations
a: duties or liabilities:
b: obligations to comply with prohibitions:
c: ineligibility for rights, benefits, entitlements, interests, powers, or privileges rights
a: benefits, entitlements, interests, powers, or privileges:
b: eligibility for rights, benefits, entitlements, interests, powers, or privileges. Section 37 confirmation provision repealed 1 January 2016 section 8 Legislation (Confirmable Instruments) Amendment Act 2015
38: Disallowable instruments
1: An instrument made under an enactment is a disallowable instrument
a: the instrument is a legislative instrument:
b: that enactment or another enactment contains a provision (however expressed) that has the effect of making the instrument disallowable for the purposes of this Act:
c: the instrument has a significant legislative effect.
2: However, an instrument is not a disallowable instrument for the purposes of this Act if the instrument—
a: is made or approved by a resolution of the House of Representatives; or
b: is one that the House of Representatives could, by resolution, prevent from coming into force or taking effect; or
c: is one made by a court, Judge, or person acting judicially.
3: A bylaw that is subject to the Bylaws Act 1910
4: This section is subject to other enactments that limit or affect when, or the extent to which, a kind of instrument is a disallowable instrument for the purposes of this Act.
39: Instruments that have significant legislative effect
1: An instrument has a significant legislative effect
a: create, alter, or remove rights or obligations; and
b: determine or alter the content of the law applying to the public or a class of the public.
2: For the purposes of subsection (1),—
a: an instrument that determines or alters the temporal application of rights or obligations must be treated as having the effect described in paragraph (a) of that subsection; and
b: an instrument that determines or alters the temporal application of the law applying to the public or a class of the public must be treated as having the effect described in paragraph (b) of that subsection.
3: In applying subsection (1), the following must be disregarded:
a: the description, form, and maker of the instrument:
b: whether all or a portion of the instrument makes it a confirmable instrument:
c: whether it also contains provisions that are administrative.
4: An instrument does not have a significant legislative effect if it explains or interprets rights or obligations in a non-binding way, as long as the instrument does not do anything else that would bring it within subsection (1).
5: An instrument that is made in the exercise of a statutory power and imposes obligations in an individual case does not determine or alter the content of the law just because the statutory power applies generally or to a class of persons. Legislative Instruments Act 2003 ss 4–11 (Aust) Section 39(3)﻿(b) replaced 1 January 2016 section 9 Legislation (Confirmable Instruments) Amendment Act 2015
40: Instruments that determine or alter temporal application
An instrument that determines or alters the temporal application of rights or obligations includes (without limitation) one that does 1 or more of the following to the enactments or other laws that directly or indirectly confer or impose those rights or obligations:
a: appoints or prescribes a date on which, or other time at which, they come into force:
b: defers the date on which, or other time at which, they apply or come into force:
c: suspends, or in any way cancels, for a period or until a time, their application or operation:
d: continues or extends (with or without a break), for a period or until a time, their application or operation:
e: defers the date on which, or other time at which, they are abolished, repealed, or revoked:
f: on a date, or at any other time, abolishes, repeals, or revokes them. Presentation to House of Representatives
41: Legislative instruments and disallowable instruments to be presented to House of Representatives
1: This section applies to—
a: legislative instruments; and
b: every instrument stated by an Act to be a disallowable instrument.
2: All legislative instruments and those disallowable instruments must be presented to the House of Representatives not later than the 16th sitting day of the House of Representatives after the day on which they are made. 1989 No 143 s 4 How instruments are disallowed
42: Disallowance of instruments by resolution of House of Representatives
1: The House of Representatives may, by resolution, disallow any disallowable instrument or provisions of a disallowable instrument.
2: An instrument or provisions disallowed by resolution of the House of Representatives cease to have effect on the later of—
a: the passing of the resolution; or
b: any date specified in the resolution as the date on which the instrument or provisions cease to have effect.
3: This section does not apply to any resolution to which section 46 1989 No 143 s 5
43: Disallowance of instrument if motion to disallow not disposed of
1: This section applies if—
a: a member of the Committee of the House of Representatives responsible for the review of disallowable instruments gives notice of a motion to disallow a disallowable instrument or any provisions of a disallowable instrument; and
b: none of the following things happens within 21 sitting days after the date on which the notice is given:
i: the notice is withdrawn:
ii: the House disposes of the motion:
iii: Parliament is dissolved or expires.
2: When this section applies, the instrument or provisions specified for disallowance in the motion must be treated as having been disallowed.
3: An instrument or provisions disallowed under subsection (2) cease to have effect on the later of—
a: the close of the 21st sitting day after the giving of notice of the motion; or
b: any date specified in the motion as the date on which the instrument or provisions cease to have effect. 1989 No 143 s 6 Effect of disallowance
44: Effect of disallowance generally
1: A disallowance under section 42 43
2: This section is subject to section 45 1989 No 143 s 7
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 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) see section 4(1)﻿(a) 1989 No 143 s 8 Section 45 replaced 1 January 2016 section 10 Legislation (Confirmable Instruments) Amendment Act 2015 Amendment or substitution of instrument by House of Representatives
46: Amendment or substitution of disallowable instrument by House of Representatives
1: The House of Representatives may, by resolution,—
a: amend any disallowable instrument; or
b: revoke any disallowable instrument and substitute another instrument.
2: The amendment or the revocation and substitution, as the case may be, takes effect on the later of—
a: the 28th day after the date of the publication of the notice required by section 47
b: any date specified in the notice required by section 47 1989 No 143 s 9 Notification of disallowance, amendment, or substitution
47: Notice of resolution or motion
1: This section applies in any of the following circumstances:
a: the House of Representatives resolves to disallow or revoke a disallowable instrument:
b: the House of Representatives resolves to amend a disallowable instrument or to revoke a disallowable instrument and substitute another instrument:
c: notice of a motion to disallow a disallowable instrument or any provisions of a disallowable instrument has been given and the instrument or provisions specified for disallowance in the motion are treated as having been disallowed under section 43
2: When this section applies, the Clerk of the House of Representatives must immediately forward to the Chief Parliamentary Counsel a notice of that resolution or notice of motion.
3: The notice forwarded under subsection (2)—
a: must be accompanied by the text of the resolution or the text of the notice of motion, as the case requires; and
b: in the case of a resolution, must show the date on which the resolution was passed; and
c: in the case of a notice of motion, must show—
i: the date of the sitting day on which the notice of motion was given; and
ii: the date of the 21st sitting day after the giving of the notice of motion.
4: The notice is conclusive evidence of the matters stated in subsection (3)﻿(b) and (c).
5: The Chief Parliamentary Counsel must arrange for every notice forwarded under subsection (2) to be published under section 6 1989 No 143 s 10
1A: Confirmable instruments
Subpart 1A inserted 1 January 2016 section 11 Legislation (Confirmable Instruments) Amendment Act 2015
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 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 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 Section 47A inserted 1 January 2016 section 11 Legislation (Confirmable Instruments) Amendment Act 2015
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)
b: section 30(2)
c: section 423(1)﻿(c)
d: section 452(1) clause 55(6)
e:
f: section 190(2) Section 47B inserted 1 January 2016 section 11 Legislation (Confirmable Instruments) Amendment Act 2015 Section 47B(2)﻿(c) replaced 26 November 2018 section 459 Social Security Act 2018 Section 47B(2)﻿(d) replaced 26 November 2018 section 459 Social Security Act 2018 Section 47B(2)﻿(e) repealed 26 November 2018 section 459 Social Security Act 2018
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
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 Section 47C inserted 1 January 2016 section 11 Legislation (Confirmable Instruments) Amendment Act 2015
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)
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) Section 47D inserted 1 January 2016 section 11 Legislation (Confirmable Instruments) Amendment Act 2015
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) 1964 No 136 s 61H(6) 1996 No 27 s 286B(2) 2012 No 1 s 85(6) Section 47E inserted 1 January 2016 section 11 Legislation (Confirmable Instruments) Amendment Act 2015
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)
3: This section is subject to section 47H Section 47F inserted 1 January 2016 section 11 Legislation (Confirmable Instruments) Amendment Act 2015
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) see section 4(1)﻿(a) Section 47G inserted 1 January 2016 section 11 Legislation (Confirmable Instruments) Amendment Act 2015
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) Section 47H inserted 1 January 2016 section 11 Legislation (Confirmable Instruments) Amendment Act 2015
47I: Effect of revocation: exceptions to section 47H
1: Section 47H(2) section 42C(3) and (4) section 47C(1)﻿(a) or (b)
2: Section 47H(2) section 47C(1)﻿(a) or (b)
3: Section 47H(2) section 270(4) to (6) 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 section 42A energy resources levy rate orders section 5(1) land transport fees or charges regulations
a: made under section 269 269A
b: prescribing fees or charges waste minimisation levy rate regulations section 41(1)﻿(e) Section 47I inserted 1 January 2016 section 11 Legislation (Confirmable Instruments) Amendment Act 2015
2: Incorporation by reference in instruments
48: Interpretation
1: In this subpart, unless the context otherwise requires,— administering department chief executive inspection sites instrument
a: means any instrument (whether called regulations, rules, an Order in Council, a notice, bylaws, a code, a framework, or by any other name) that has legislative effect and that is authorised by an enactment; but
b: does not include a bylaw that is subject to the Bylaws Act 1910 material
a: material referred to in section 49(3)
b: does not include anything incorporated by reference by that material parent Act section 49
2: For the purposes of this subpart, unless the context otherwise requires, an instrument incorporates material by reference if the instrument 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 53
49: Instruments that may incorporate material by reference
1: An instrument that may be made under any Act (the parent Act
2: A purpose of the instrument must be to define terms, prescribe matters, or make other provision in relation to an activity or thing, including (without limitation) any asset, equipment, facility, goods, information, material, practice, premises, process, product, programme, service, or system.
3: This section, in so far as it applies, is sufficient authority for the instrument 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 and that can reasonably be regarded as being too large or impractical to include in, or publish as part of, the instrument.
4: Material incorporated by reference in reliance on this section has legal effect as part of the instrument that incorporates the material. 1988 No 5 s 22(1)
50: Application of this subpart
1: This subpart applies in relation to the making of an instrument that incorporates material by reference in reliance on section 49
2: This subpart applies, subject to the exception stated in subsection (1), regardless of whether the parent Act—
a: is an Act passed before or after the commencement of this section; or
b: provides for the incorporation of material by reference in an instrument; or
c: expressly mentions the incorporation of material by reference in reliance on section 49
51: Requirement to consult on proposal to incorporate material by reference
1: Before an instrument incorporating material by reference in reliance on section 49
a: make copies of the material proposed to be incorporated by reference (the proposed material
b: state where copies of the proposed material are available for purchase; and
c: make copies of the proposed material available, free of charge, on an Internet site maintained by or on behalf of the administering department, unless doing so would infringe copyright; and
d: give notice in the Gazette
i: that the proposed material is available for inspection during working hours, free of charge, and stating the places at which it can be inspected and the period during which it can be inspected; and
ii: that copies of the proposed material can be purchased and stating the places at which they can be purchased; and
iii: if applicable, that the proposed material is available on the Internet, free of charge, and stating the Internet site address; and
e: allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed material by reference; and
f: consider any comments made.
2: The chief executive—
a: may make copies of the proposed material available in any other way that he or she considers appropriate in the circumstances; and
b: must, if paragraph (a) applies, give notice in the Gazette
3: The chief executive may comply with subsection (1)﻿(c) (if applicable) by providing a hypertext link from an Internet site maintained by or on behalf of the department to a copy of the proposed material that is available, free of charge, on an Internet site that is maintained by or on behalf of someone else.
4: The references in this section to material include, if the material is not in an official New Zealand language, as well as the material itself, an accurate translation in an official New Zealand language of the material.
5: A failure to comply with this section does not invalidate an instrument that incorporates material by reference in reliance on section 49
6: For the purposes of subsection (1)﻿(c), a chief executive may not rely on section 66
52: Access to material incorporated by reference
1: This section applies if an instrument incorporating material by reference in reliance on section 49
2: The chief executive must—
a: make the material (the incorporated material
b: state where copies of the incorporated material are available for purchase; and
c: make copies of the incorporated material available, free of charge, on an Internet site maintained by or on behalf of the administering department, unless doing so would infringe copyright; and
d: give notice in the Gazette
i: that the incorporated material is incorporated in the instrument and stating the date on which the instrument was made; and
ii: that the incorporated material is available for inspection during working hours, free of charge, and stating the places at which it can be inspected; and
iii: that copies of the incorporated material can be purchased and stating the places at which they can be purchased; and
iv: if applicable, that the incorporated material is available on the Internet, free of charge, and stating the Internet site address.
3: The chief executive—
a: may make copies of the incorporated material available in any other way that he or she considers appropriate in the circumstances; and
b: must, if paragraph (a) applies, give notice in the Gazette
4: The chief executive may comply with subsection (2)﻿(c) (if applicable) by providing a hypertext link from an Internet site maintained by or on behalf of the administering department to a copy of the incorporated material that is available, free of charge, on an Internet site that is maintained by or on behalf of someone else.
5: The references in this section to material are to—
a: material incorporated by reference in the instrument; and
b: if the material is not in an official New Zealand language, the material itself together with an accurate translation in an official New Zealand language of the material.
6: A failure to comply with this section does not invalidate an instrument that incorporates material by reference.
7: For the purposes of subsection (2)﻿(c), a chief executive may not rely on section 66
53: Effect of amendments to material incorporated by reference
1: This section applies if the material incorporated by reference in reliance on section 49
2: 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.
3: Amendments made by the originator of the material have no legal effect as part of the instrument unless they are specifically incorporated by a later instrument made in accordance with this subpart.
54: Proof of material incorporated by reference
1: A copy of material incorporated by reference in an instrument in reliance on section 49
a: certified as a correct copy of the material by the chief executive; and
b: retained by the chief executive.
2: The production in proceedings of a certified copy of the material is, in the absence of evidence to the contrary, sufficient evidence of the material incorporated by reference in the instrument.
55: Application of subpart 1 of Part 2 to instrument and material incorporated by reference
1: Subpart 1 section 49
2: To avoid doubt, the material does not have to be presented to the House of Representatives under section 41 section 56
56: Application of subpart 1 of this Part to instrument incorporating material by reference
An instrument that incorporates material by reference in reliance on section 49 subpart 1
57: Application of
Standards and Accreditation Act 2015 Nothing in this subpart affects the application of sections 29 to 32 Section 57 heading amended 1 March 2016 section 45(1) Standards and Accreditation Act 2015 Section 57 amended 1 March 2016 section 45(1) Standards and Accreditation Act 2015
4: Parliamentary Counsel Office
Constitution and functions
58: Parliamentary Counsel Office continues as separate statutory office
1: The Parliamentary Counsel Office continues as an instrument of the Crown and a separate statutory office under the Attorney-General's control.
2: 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.
3: Every reference to the Parliamentary Counsel Office in any enactment, agreement, deed, instrument, application, notice, or other document in force immediately before the commencement of this section must, on and after that commencement, be read as a reference to the Parliamentary Counsel Office as continued by this section, unless the context otherwise requires. 1920 No 46 s 2
59: Functions of PCO
1: The functions of the PCO are—
a: to draft Government Bills and amendments to them:
b: to draft instruments specified in subsection (2) and amendments to them:
c: to arrange for the printing and publication of Bills and amendments to them (as provided in Part 2
d: to arrange for the printing and publication of Acts, legislative instruments, and reprints of legislation in electronic form and printed form (as provided in Part 2
e: to undertake reprints of Acts, regulations, and legislative instruments (as provided in Part 2
f: to revise Acts in accordance with the current revision programme (as provided in Part 2
fa: to arrange for the publication, to help meet international transparency obligations, of copies of and links to certain subordinate legislation (as provided in Part 2A
g: to advise departments and agencies on the drafting of disallowable instruments that are not drafted by the PCO:
h: to examine all local Bills and private Bills, and to examine the Members' Bills that the Attorney-General directs be examined, and to report to the Attorney-General on the effect of Bills examined, in particular on whether they affect the rights of the Crown or the public, and on their relationship to other legislation:
i: to advise on and assist with the drafting of all local Bills and private Bills, and to draft Members' Bills that the Attorney-General directs be drafted by the PCO:
j: to perform the other functions relating to the drafting and publication of legislation that the Attorney-General directs be performed by the PCO.
2: The instruments to be drafted by the PCO are—
a: Orders in Council other than—
i: Orders in Council that are required by their empowering Act to be published in the Gazette
ii: Orders in Council that relate exclusively to an individual:
b: instruments made by a Minister that amend an Act or define the meaning of a term used in an Act:
c: instruments that are required by an Act to be published under Part 2 section 4
d: other instruments that the Attorney-General or the Chief Parliamentary Counsel directs in writing be drafted by the PCO. 1920 No 46 ss 4 5 Section 59(1)﻿(fa) inserted 30 December 2018 section 64(1) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 59(2)﻿(c) amended 30 December 2018 section 64(2) Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
60: Power to authorise drafting and printing of Government Bills by Inland Revenue Department
1: Despite section 59(1)﻿(a)
a: to draft (subject to the exceptions specified in the order) the Government Bills (being Bills intended to become Acts administered by that department) that the Minister of the Crown who is responsible for that department may direct be prepared for the consideration of Parliament, and amendments to them; and
b: to supervise the printing of the Bills and amendments referred to in paragraph (a).
2: An Order in Council made under subsection (1) is a legislative instrument and a disallowable instrument for the purposes of this Act.
3: The Inland Revenue Department (Drafting) Order 1995 1920 No 46 s 8A
61: 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, but nothing in this subsection limits or affects the Standing Orders of the House of Representatives.
2: 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 68(2)
3: Legislative Standards Act 1992 (Qld) s 9A(2) Section 61(2) replaced 29 October 2019 section 3 Legislation (Repeals and Amendments) Act 2019 Section 61(3) repealed 29 October 2019 section 3 Legislation (Repeals and Amendments) Act 2019 Powers of Chief Parliamentary Counsel
62: Powers of Chief Parliamentary Counsel
The Chief Parliamentary Counsel has all the powers that are reasonably necessary or expedient to enable him or her to carry out the functions, responsibilities, and duties imposed on the Chief Parliamentary Counsel by or under this Act or any other enactment. 1988 No 20 s 34(2)
63: Delegation of functions, responsibilities, duties, or powers
1: The Chief Parliamentary Counsel—
a: may from time to time, either generally or particularly, delegate to any employee of the PCO any of the functions, responsibilities, duties, or powers of the Chief Parliamentary Counsel, including functions or powers delegated to the Chief Parliamentary Counsel under any Act:
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, responsibilities, duties, or powers are delegated under this section may exercise those functions 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 any delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.
5: A delegation under this section 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 under this section 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. 1988 No 126 s 12
64: Absence or incapacity of Chief Parliamentary Counsel or vacancy
1: A person who holds a delegation referred to in section 63(1)﻿(b)
2: No acts done by the person acting in place of the Chief Parliamentary Counsel under subsection (1) may, in any proceedings, be questioned on the ground that the occasion for the authorisation had not arisen or had ceased.
65: Revocation of delegations
1: A delegation under section 63
2: A delegation, until it is revoked, continues to have effect according to its terms even if the Chief Parliamentary Counsel by whom it was made has ceased to hold office.
3: 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. 1988 No 126 s 13 Chief Parliamentary Counsel and employees of PCO
66: 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, responsibilities, and duties 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. 1920 No 46 s 6(1)–(3) ss 32 33 s 10(1)
67: Parliamentary counsel
1: The Chief Parliamentary Counsel may appoint such people to be parliamentary counsel as he or she thinks necessary for the efficient exercise of the functions, responsibilities, 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
68: Chief Parliamentary Counsel and parliamentary counsel to hold legal qualification
1: A person meets the qualification requirement in section 66(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 (3); or
c: holds a qualification that the Attorney-General considers is sufficient for the position.
2: A person meets the qualification requirement in section 67(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 (3); or
c: holds a qualification that the Chief Parliamentary Counsel considers is sufficient for the position.
3: 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).
69: Other employees of PCO
1: The Chief Parliamentary Counsel may appoint such other employees as he or she thinks necessary for the efficient exercise of the functions, responsibilities, duties, and powers of the Chief Parliamentary Counsel and the PCO.
2: A person appointed under this section is also an employee for the purposes of the Employment Relations Act 2000. 1920 No 46 s 6(1), (3), (4)
70: 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. 1920 No 46 s 6A(1)
71: 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.
72: 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 1988 No 126 ss 25 26 Section 72(1)﻿(b) amended 7 August 2020 section 135 Public Service Act 2020
73: 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 he or she were the chief executive of a department, the provisions of sections 73 74 2008 No 72 s 58 Section 73 amended 7 August 2020 section 135 Public Service Act 2020
74: Appointments on merit
In making an appointment under section 67 69 2008 No 72 s 59(1)
75: 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 that 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. 1988 No 20 ss 61 64 65
75A: Secondments from elsewhere in State services for developing senior leadership and management capability
Sections 74 75 section 64 1988 No 20 s 49 Section 75A inserted 29 October 2019 section 3 Legislation (Repeals and Amendments) Act 2019 Section 75A amended 7 August 2020 section 135 Public Service Act 2020
76: Protection from liability
1: This section applies to the Chief Parliamentary Counsel and every employee of the PCO.
2: No action lies 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 him or her, in good faith in the performance or intended performance of the functions, duties, or powers of the PCO or the Chief Parliamentary Counsel. 1988 No 20 s 86 Repeals, consequential amendments, and savings
77: Repeals, consequential amendments, and savings about legislative matters
1: The Statutes Drafting and Compilation Act 1920
2: The Acts and Regulations Publication Act 1989 Regulations (Disallowance) Act 1989
3: The Acts specified in the Schedule
4: The definition of regulations section 29
e: an instrument that is a legislative instrument or a disallowable instrument for the purposes of the Legislation Act 2012:
5: The repeal of the Statutes Drafting and Compilation Act 1920 section 59
6: Despite the repeal of the Acts and Regulations Publication Act 1989
a: a notice given under section 9 section 7(1)
b: sections 16C 16D section 17
c: for the purpose of paragraph (b), a legislative instrument must be treated as a regulation within the meaning of section 16C 16D
7: In any regulations in force immediately before the commencement of this subsection, material incorporated by reference in reliance on an enactment repealed by subsection (3) must be treated as having effect under subpart 2
8: Until the repeal of the Acts and Regulations Publication Act 1989 section 59(1) 2012-12-12 Statutes Drafting and Compilation Act 1920 refer to section 77(1) OIC SR 2013/242 2013-08-05 Acts and Regulations Publication Act 1989 Regulations (Disallowance) Act 1989 refer to section 77(2). Replace date above if this comes into force earlier by OIC OIC SR 2013/479 2014-02-01 Biosecurity Act 1993 refer to section 77(3). In SR 2013/242 items relating to Biosecurity Act 1993 do not come into force on 5 August 2013. “It is intended that those items will be replaced by an amending Act.” (From explanatory note in SR 2013/242). Replace date above if this comes into force earlier by OIC OIC SR 2013/242 2013-08-05 Accident Compensation Act 2001 Agricultural Compounds and Veterinary Medicines Act 1997 Airport Authorities Act 1966 Animal Products Act 1999 Animal Welfare Act 1999 Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Anti-Personnel Mines Prohibition Act 1998 Anzac Day Act 1966 Arms Act 1983 Auckland Regional Amenities Funding Act 2008 Auditor Regulation Act 2011 Broadcasting Act 1989 Building Act 2004 Cadastral Survey Act 2002 Canterbury Earthquake Recovery Act 2011 Charities Act 2005 Chartered Professional Engineers of New Zealand Act 2002 Chemical Weapons (Prohibition) Act 1996 Civil Aviation Act 1990 Civil Defence Emergency Management Act 2002 Civil List Act 1979 Climate Change Response Act 2002 Cluster Munitions Prohibition Act 2009 Commerce Act 1986 Commissions of Inquiry Act 1908 Commodity Levies Act 1990 Conservation Act 1987 Copyright Act 1994 Crimes Act 1961 Criminal Investigations (Bodily Samples) Act 1995 Crown Entities Act 2004 Crown Minerals Act 1991 Crown Pastoral Land Act 1998 Customs and Excise Act 1996 Dairy Industry Restructuring Act 2001 District Courts Act 1947 Dog Control Act 1996 Education Act 1989 Education Lands Act 1949 Electoral Act 1993 Electoral (Administration) Amendment Act 2011 Electricity Act 1992 Electricity Industry Act 2010 Energy Resources Levy Act 1976 Epidemic Preparedness Act 2006 Extradition Act 1999 Finance Act (No 2) 1990 Financial Advisers Act 2008 Financial Reporting Act 1993 Fire Service Act 1975 Fisheries Act 1996 Food Act 1981 Forests Act 1949 Gambling Act 2003 Gas Act 1992 Goods and Services Tax Act 1985 Governor-General Act 2010 Hazardous Substances and New Organisms Act 1996 Health Act 1956 Health and Disability Services (Safety) Act 2001 Health Practitioners Competence Assurance Act 2003 Health Sector (Transfers) Act 1993 Housing Restructuring and Tenancy Matters Act 1992 Immigration Act 2009 Immigration Advisers Licensing Act 2007 Imperial Laws Application Act 1988 Incorporated Societies Act 1908 Industry Training Act 1992 Inspector-General of Intelligence and Security Act 1996 Insurance (Prudential Supervision) Act 2010 Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 Intelligence and Security Committee Act 1996 International War Crimes Tribunal Act 1995 Judicature Act 1908 KiwiSaver Act 2006 Land Transport Act 1998 Land Transport Management Act 2003 Lawyers and Conveyancers Act 2006 Local Government Act 2002 Local Government (Auckland Transitional Provisions) Act 2010 Local Government Official Information and Meetings Act 1987 Major Events Management Act 2007 Maori Land Amendment and Maori Land Claims Adjustment Act 1926 Marine and Coastal Area (Takutai Moana) Act 2011 Maritime Security Act 2004 Maritime Transport Act 1994 Meat Board Act 2004 Medicines Act 1981 Military Decorations and Distinctive Badges Act 1918 Military Manoeuvres Act 1915 Misuse of Drugs Act 1975 Misuse of Drugs Amendment Act 2005 Modern Apprenticeship Training Act 2000 National Animal Identification and Tracing Act 2012 National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003 National Parks Act 1980 National Provident Fund Restructuring Act 1990 National Provident Fund Restructuring Amendment Act 1997 New Zealand Horticulture Export Authority Act 1987 New Zealand Institute of Chartered Accountants Act 1996 New Zealand Stock Exchange Restructuring Act 2002 Ngāti Manawa Claims Settlement Act 2012 Nuclear-Test-Ban Act 1999 Official Information Act 1982 Ombudsmen Act 1975 Parental Leave and Employment Protection Act 1987 Parliamentary Service Act 2000 Petroleum Demand Restraint Act 1981 Plumbers, Gasfitters, and Drainlayers Act 2006 Policing Act 2008 Port Companies Act 1988 Privacy Act 1993 Public Finance Act 1989 Public Transport Management Act 2008 Racing Act 2003 Radiocommunications Act 1989 Railways Act 2005 Rating Valuations Act 1998 Real Estate Agents Act 2008 Reciprocal Enforcement of Judgments Act 1934 Registered Architects Act 2005 Remuneration Authority Act 1977 Reprint of Statutes Act 1931 Reserve Bank of New Zealand Act 1989 Resource Management Act 1991 Retirement Villages Act 2003 Securities Act 1978 Securities Markets Act 1988 Securities Transfer Act 1991 Securities Trustees and Statutory Supervisors Act 2011 Sleepover Wages (Settlement) Act 2011 Social Security Act 1964 Social Workers Registration Act 2003 Sports Anti-Doping Act 2006 State-Owned Enterprises Act 1986 Student Loan Scheme Act 2011 Takeovers Act 1993 Taratahi Agricultural Training Centre (Wairarapa) Act 1969 Tariff Act 1988 Tax Administration Act 1994 Telecommunications Act 2001 Tourist and Health Resorts Control Act 1908 Trans-Tasman Mutual Recognition Act 1997 Trans-Tasman Proceedings Act 2010 United Nations Act 1946 Utilities Access Act 2010 Veterinarians Act 2005 War Pensions Act 1954 Wellington Airport Act 1990 Wildlife Act 1953 Wine Act 2003 refer to section 77(3). Replace date above if this comes into force earlier by OIC OIC SR 2013/242 2013-08-05 Interpretation Act 1999 refer to section 77(4). Replace date above if this comes into force earlier by OIC
78: Savings about former principal officers and other PCO staff
1: On the commencement of this section,—
a: the person holding the offices of Chief Parliamentary Counsel and Compiler of Statutes under the Statutes Drafting and Compilation Act 1920 section 66
b: the office of Compiler of Statutes is abolished:
c: the Parliamentary Counsel (other than the Chief Parliamentary Counsel) in the PCO become parliamentary counsel under section 67
d: the other members of the staff of the PCO become employees under section 69
2: The person to whom subsection (1)﻿(a) applies continues to be engaged on the same terms and conditions applying to that person immediately before the commencement of this section.
3: Each person to whom subsection (1)﻿(c) applies—
a: is entitled to terms and conditions of employment no less favourable than the terms and conditions applying to the person immediately before the commencement of this section, except that the person is no longer to be regarded as serving at the Governor-General's pleasure; and
b: continues to be entitled to those terms and conditions of employment until those terms and conditions are varied by agreement between the person and the Chief Parliamentary Counsel.
4: The employment agreements of all other members of staff of the PCO that were in effect immediately before the commencement of this section continue in effect as if those persons were employed under section 69
5: For the purposes of any enactment, no person's service as an officer or employee in the PCO is broken by the repeal of the Statutes Drafting and Compilation Act 1920 section 77
6: This Act does not affect any entitlement of an office holder or employee of the PCO under the Government Superannuation Fund Act 1956
79: Continuation of annual regulations series
1: This section applies despite sections 11 12(2)﻿(d)
2: The Chief Parliamentary Counsel—
a: may continue publishing the statutory regulations series until the end of the year in which those provisions come into force:
b: must start a legislative instruments series no later than the start of the next year.
3: It is sufficient compliance with section 11
4: It is sufficient compliance with section 12(2)﻿(d)