Plain language law

New Zealand law explained for everyone

Imperial Laws Application Act 1988

6: Power to make subordinate legislation under Imperial enactments part of laws of New Zealand

You could also call this:

"Making New Rules Under Old UK Laws That Apply in New Zealand"

Illustration for Imperial Laws Application Act 1988

You can make rules under old laws from the UK that are still part of New Zealand's laws. If you make these rules after this Act starts, they can be part of New Zealand's laws. They must be made in a certain way, with advice from the Executive Council. You can make these rules if you have the power to do so under the old UK law. The Governor-General in Council can also make these rules for New Zealand. They must follow the rules and get advice from the Executive Council. If you make rules under the old UK law in a different way, they will not be part of New Zealand's laws. This is unless it is specifically allowed under this Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM135089.

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6Power to make subordinate legislation under Imperial enactments part of laws of New Zealand

  1. Where, after the commencement of this Act, any Imperial enactment that is part of the laws of New Zealand confers power on the Sovereign to make subordinate legislation,—

  2. any subordinate legislation that is made, after the commencement of this Act, pursuant to that power and that purports to have effect as part of the laws of New Zealand shall have such effect,—
    1. in the case of subordinate legislation that relates to the Judicial Committee of the Privy Council (other than any such subordinate legislation that relates solely to New Zealand), if it is made by the Sovereign in his or her Privy Council, or by the Sovereign acting by and with the advice and consent of the Executive Council:
      1. in any other case, if it is made by the Sovereign in right of New Zealand acting by and with the advice and consent of the Executive Council:
      2. the Governor-General in Council shall have and may exercise that power for the purpose of making subordinate legislation that has effect as part of the laws of New Zealand.

        1. Except as provided by subsection (1), no Imperial subordinate legislation made after the commencement of this Act shall have effect as part of the laws of New Zealand.