Legislation (Repeals and Amendments) Act 2019

1: Title
This Act is the Legislation (Repeals and Amendments) Act 2019.
2: Commencement
1: This Act comes into force as follows:
a: Part 1 Schedule 1 Legislation Act 2012
b: the rest of this Act comes into force—
i: on 1 or more dates set by Order in Council; or
ii: to the extent not brought into force earlier, on the fifth anniversary of the date on which the Secondary Legislation Act 2021
2: One or more Orders in Council may set different dates for different provisions (and, for that purpose, may commence a provision only for the purpose of giving effect to some, but not other, parts of this Act). Section 2(1)﻿(b)﻿(i) brought into force 28 October 2021 clause 2 Legislation (Repeals and Amendments) Act Commencement Order 2021 Section 2(1)﻿(b)﻿(ii) amended 25 March 2021 section 6(2) Secondary Legislation Act 2021
1: Interim amendments
3: Legislation Act 2012 amended
The Legislation Act 2012 Part 1 2019-10-29 Legislation Act 2012 Part 1 of Schedule 1 — see s 2(1)﻿(a)
4: Other Acts amended
The Acts set out in Part 2 2019-10-29 Biosecurity Act 1993 Civil Aviation Act 1990 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Customs and Excise Act 2018 Fisheries Act 1996 Land Transport Act 1998 Maritime Transport Act 1994 Resource Management Act 1991 Tariff Act 1988 See s 2(1)﻿(a)
5: Publication statement taken not to have been required
Copies or reprints of legislation published under the Legislation Act 2012 section 6(6)
2: Repeals, revocations, and related amendments
1: Amendments relating to Part 2 of Legislation Act 2019
Repeal of Interpretation Act 1999
6: Repeal of Interpretation Act 1999
The Interpretation Act 1999 OIC LI 2021/251 2021-10-28 Interpretation Act 1999 Part brought into force by LI 2021/251 Amendments to Imperial Laws Application Act 1988
7: Amendments to Imperial Laws Application Act 1988
Sections 8 9 Imperial Laws Application Act 1988 OIC LI 2021/251 2021-10-28 Imperial Laws Application Act 1988 Part brought into force by LI 2021/251
8: Section 4 amended (Other Imperial enactments and Imperial subordinate legislation not part of laws of New Zealand)
Repeal section 4(4)
9: New section 6A inserted (Application of Legislation Act 2019 to Imperial legislation)
After section 6
6A: Application of Legislation Act 2019 to Imperial legislation
1: For the purposes of the Legislation Act 2019 and all other legislation, an Imperial enactment that is part of the laws of New Zealand is an Act
2: For the purposes of the Legislation Act 2019 and all other legislation, Imperial subordinate legislation that is part of the laws of New Zealand is secondary legislation see
3: For the purposes of applying the Legislation Act 2019 and other legislation to Imperial enactments and Imperial subordinate legislation,—
a: if the effect of the Imperial enactment or Imperial subordinate legislation, as part of the laws of New Zealand, is modified, the modification must be treated as an amendment:
b: if the Imperial enactment or Imperial subordinate legislation ceases to have effect, as part of the laws of New Zealand, the cessation must be treated as a repeal or revocation:
c: an order made under section 82 of the Legislation Act 2019 in respect of any Imperial subordinate legislation—
i: does not revoke it; but
ii: declares that it ceases to have effect as part of the laws of New Zealand.
4: Subsections (1) to (3) apply unless—
a: the legislation provides otherwise; or
b: the context of the legislation requires a different interpretation.
2: Amendments relating to Part 3 of Legislation Act 2019
Repeal of Legislation Act 2012
10: Repeal of Legislation Act 2012
The Legislation Act 2012 OIC 2021/251 2021-10-28 Legislation Act 2012 Part brought into force by LI 2021/251
11: Some instruments revoked and others continue in effect
1: The Legislation (Publication) Order 2013
2: However, the following instruments continue in effect (despite the repeal of the Legislation Act 2012 Legislation Act 2019
a: Inland Revenue Department (Drafting) Order 1995 section 68
b: Legislation (Recognition of Overseas Lawyers) Order 2014 section 137
c: Legislation (Official Versions) Regulations 2015 section 147
d: any order made under section 36C(3) section 147(1)﻿(d)
e: any direction given under section 36E 36F section 76 OIC LI 2021/251 2021-10-28 Legislation (Publication) Order 2013 Part brought into force by LI 2021/251 Section 11(2)﻿(e) amended 25 March 2021 section 6(3) Secondary Legislation Act 2021 Repeal of Reprint of Statutes Act 1931
12: Repeal of Reprint of Statutes Act 1931
The Reprint of Statutes Act 1931 OIC LI 2021/251 2021-10-28 Reprint of Statutes Act 1931 Part brought into force by LI 2021/251 Amendment to Local Government Act 2002
13: Amendment to Local Government Act 2002
Section 14 Local Government Act 2002 principal Act OIC LI 2021/251 2021-10-28 Local Government Act 2002 Part brought into force by LI 2021/251
14: New subpart 1A of Part 8 inserted
After section 161
1A: Local authority legislation
161A: What is local authority legislation
1: A bylaw that is made by a local authority or a council-controlled organisation is secondary legislation for the purposes of the Legislation Act 2019
2: Any other instrument (whatever it is called) that is made by a local authority or a council-controlled organisation is secondary legislation for the purposes of the Legislation Act 2019
3: Subsection (1) applies whether or not the empowering legislation expressly states that the instrument is secondary legislation.
4: However,—
a: for the purposes of the Legislation Act 2019
b: the secondary legislation need not be published under the Legislation Act 2019; and
c: the secondary legislation is disallowable by the House of Representatives unless it is made by bylaws as defined by section 2 of the Bylaws Act 1910 ( see section 115
161B: Instruments that have significant legislative effect
1: An instrument has a significant legislative effect for the purposes of this subpart if the effect of the instrument is to do both of the following:
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 needs to be confirmed by an Act:
c: whether the instrument 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.
161C: Other supporting definitions
1: For the purposes of this subpart, an instrument that determines or alters the temporal application of 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.
2: For the purposes of this subpart,— 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. Amendment to Parliamentary Privilege Act 2014
15: Amendment to Parliamentary Privilege Act 2014
Section 16 Parliamentary Privilege Act 2014 principal Act OIC LI 2021/251 2021-10-28 Parliamentary Privilege Act 2014 Part brought into force by LI 2021/251
16: New subpart 6 of Part 4 inserted (Evidence of parliamentary journals)
In Part 4, after subpart 5
6: Evidence of parliamentary journals
31A: 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 of New Zealand that purport to be printed by the Government Printer or published under the House’s authority.
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. 2012 No 119 s 19
3: Amendments to Legislation Act 2019 for centralised publication requirements
17: Amendments to Legislation Act 2019
Amend the Legislation Act 2019 Schedule 2 2026-03-24 Legislation Act 2019 May be brought into force earlier by OIC — see s 2(1)﻿(b). Note commencement section 2(1)﻿(b)﻿(ii) has now been updated by the Secondary Legislation Act 2021 (section 6(2)). amend notes has been changed to reflect new date by new wording in s 2(1)﻿(b)﻿(ii) (Doreen 7/4/21)