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Biosecurity Act 1993

Miscellaneous provisions

166A: Certain secondary legislation or published instruments may be consolidated

You could also call this:

"The person in charge can combine rules and documents into one, making it easier to understand."

You can think of secondary legislation as rules made under a law. The person in charge, called the maker, can combine these rules into one document. This is called consolidating the rules. The maker can do this with rules they have already made or will make in the future. The maker can also consolidate other documents, like instruments, that are not secondary legislation. An instrument is a document that has a specific meaning, which you can find in section 5 of the Legislation Act 2019. When the maker consolidates rules or instruments, they can replace old ones with new ones. The new rules or instruments can have the same effect as the old ones, or they can have new effects. The maker must follow the same rules for making the new documents as they did for the old ones, except for the rules about publishing them. If a rule or instrument is replaced, it still applies to things that happened before it was replaced.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS793109.

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166: General provisions as to regulations, or

"Rules about creating and using regulations to keep people and the environment safe"

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167: Repeals and revocations, or

"Stopping old laws from being used anymore, called repeals and revocations, in the Biosecurity Act 1993."

Part 9Miscellaneous provisions

166ACertain secondary legislation or published instruments may be consolidated

  1. The responsible Minister or the Director-General (the maker) may at any time apply this section to any secondary legislation that—

  2. the maker has made, or may make, under a provision of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the secondary legislation; and
    1. is not drafted by the PCO (see section 67 of the Legislation Act 2019).

      1. The responsible Minister, the Director-General, a chief technical officer, or a management agency (the maker) may at any time apply this section to any instruments that—

      2. the maker has made, or may make, under any provisions of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the instruments; and
        1. are not secondary legislation.

          1. The powers of the maker to amend or replace the specific instruments (whether given by a specific empowering provision, section 48 of the Legislation Act 2019, or otherwise) authorise the maker to—

          2. revoke any specific instruments that have been made (a revoked instrument); and
            1. make an instrument under any of the specific empowering provisions (the new instrument) that—
              1. has the same effect that all or part of the revoked instrument or instruments had immediately before being revoked; and
                1. otherwise has any further effect (if any) authorised by the specific empowering provisions (the new or amended parts).

                2. For each part of the new instrument (the replacement part) that has the same effect as part of a revoked instrument (the revoked part),—

                3. the replacement part must be treated as being made under the specific empowering provision under which the revoked part was made; and
                  1. any requirements for making the replacement part or for revoking the revoked part, other than the requirements for publication, must be treated as being satisfied to the extent that the requirements for making the revoked part were satisfied when it was made.

                    1. To avoid doubt,—

                    2. the new or amended parts of the new instrument (if any) are made under the relevant specific empowering provisions; and
                      1. any requirements of the relevant specific empowering provisions must be satisfied in making those parts.

                        1. A revoked instrument continues to have effect, as if it had not been revoked, in relation to any matter in a period to which the revoked instrument applied.

                        2. In this section,—

                          instrument has the meaning given in section 5 of the Legislation Act 2019

                            maker, in relation to an instrument, means the person empowered to make it, as defined by subsection (1) or (2)

                              specific empowering provisions means the provisions of this Act, or of regulations, that—

                              1. empower the making of the specific instruments; and
                                1. are referred to in the subsection under which the maker applies this section to the specific instruments

                                  specific instruments means the 1 or more instruments to which the maker applies this section, whether the instruments—

                                  1. have been made (and are to be revoked); or
                                    1. are able to be made.

                                    Notes
                                    • Section 166A: inserted, on , by section 16 of the Statutes Amendment Act 2022 (2022 No 75).