Corrections Act 2004

Transitional provisions - Rules preserved

223: Existing rules preserved

You could also call this:

"Old prison rules are still used under the new law"

Illustration for Corrections Act 2004

If you are wondering what happens to old rules when a new law starts, the old rules are still followed. You need to know that some rules were made by superintendents of prisons under the Penal Institutions Act 1954. These rules are now treated as if they were made by the prison manager under section 33 of this Act, which you can find at section 33 of the Corrections Act 2004.

When the new law commenced, the old rules did not change, they are just deemed to have been made by someone else. You should look at who made the rules and when they were made to understand this better. The rules that were in force before the new law started are still in force, but now they are treated as if the prison manager made them.

The old rules are preserved, which means they are still used, even though the new law has started. This means that the rules made by the superintendent under the Penal Institutions Act 1954 are now treated as if they were made under the Corrections Act 2004. The rules are still the same, but who is deemed to have made them has changed to the prison manager under section 33 of 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=DLM297158.


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"What happens to unfinished cases under the old prison laws"


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Part 3Transitional provisions
Rules preserved

223Existing rules preserved

  1. Any rules made by a superintendent of a penal institution under section 7(1) of the Penal Institutions Act 1954 that are in force immediately before the commencement of this section are, on the commencement of this section, deemed to have been made by the manager of that prison under section 33 of this Act.