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Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Local authority legislation

161A: What is local authority legislation

You could also call this:

“Local authorities can make rules that are like laws, but with some special conditions”

When your local authority or council-controlled organisation makes a bylaw, it is considered secondary legislation under the Legislation Act 2019. Other instruments they create can also be secondary legislation if they have a significant legislative effect.

This rule applies even if the law that allows them to make these rules doesn’t specifically say they are secondary legislation.

However, there are some special rules for this type of secondary legislation:

  1. You don’t need to show it to the House of Representatives unless the law specifically says you must.

  2. You don’t have to publish it under the Legislation Act 2019.

  3. The House of Representatives can reject it, unless it’s a bylaw as defined in section 2 of the Bylaws Act 1910.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS599195.

Topics:
Government and voting > Local councils
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161: Transfer of bylaw-making power, or

“Councils can give their rule-making power to other councils”

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161B: Instruments that have significant legislative effect, or

“Rules that make big changes to people's rights and duties”

Part 8 Regulatory, enforcement, and coercive powers of local authorities
Local authority legislation

161AWhat 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 if it has significant legislative effect.

  3. Subsection (1) applies whether or not the empowering legislation expressly states that the instrument is secondary legislation.

  4. However,—

  5. for the purposes of the Legislation Act 2019, the secondary legislation has a presentation exemption (and so does not need to be presented to the House of Representatives), unless the empowering legislation (or other legislation) expressly requires presentation; and
    1. the secondary legislation need not be published under the Legislation Act 2019; and
      1. 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 of the Legislation Act 2019).

        Notes
        • Section 161A: inserted, on , by section 14 of the Legislation (Repeals and Amendments) Act 2019 (LI 2021/247).