Plain language law

New Zealand law explained for everyone

Legislation Act 2019

Interpretation and application of legislation - Amendment and repeal

33: Effect of repeal or amendment on existing rights and proceedings

You could also call this:

"What happens to things that were already happening when a law is changed or cancelled?"

If a law is repealed or amended, it does not affect things that were already happening or rights that people already had. You can still finish something that you started under the old law, and you can still start a court case about something that happened under the old law. If a court case was already underway under the old law, it can still be finished under the old law.

The old law still applies to these situations, even though it has been repealed or amended. This means that the old law is still used for things that were already happening or for court cases that were already started. You can find more information about this by looking at the Legislation Act 1986, which had a similar rule.

When a law is repealed or amended, it does not change what has already happened or what was already true under the old law, this is called a legal position.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7298283.

Topics:
Government and voting > Government departments
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32: Effect of repeal or amendment generally, or

"What happens if a law is changed or cancelled: it doesn't affect what already happened."

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34: Effect of repeal or amendment on prior offences and breaches of legislation, or

"If a law changes, you can still get in trouble for something you did wrong before it changed."

Part 2Interpretation and application of legislation
Amendment and repeal

33Effect of repeal or amendment on existing rights and proceedings

  1. The repeal or amendment of legislation does not affect—

  2. the completion of a matter or thing that relates to an existing right, interest, title, immunity, duty, status, or capacity (a legal position); or
    1. the commencing of a proceeding that relates to an existing legal position; or
      1. the completion of a proceeding commenced or in progress under the legislation.

        1. Repealed or amended legislation continues to have effect for the purposes stated in subsection (1) as if the legislation had not been repealed or amended.

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