Legislation Act 2019

Interpretation and application of legislation - Amendment and repeal

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

You could also call this:

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

If you did something wrong before a law was changed, you can still get in trouble for it. The law change does not stop you from being penalised or given an order for what you did. You can still be investigated and taken to court for what you did, even if the law has changed since then. The court can still give you a penalty or make an order about what you did, even if the law is now different, you can see how this rule has been used in the past by looking at the law from 1986.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7298285.


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

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


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35: Powers exercised under repealed or amended legislation have continuing effect, or

"Things done using an old law still work even if the law changes."

Part 2Interpretation and application of legislation
Amendment and repeal

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

  1. The repeal or amendment of legislation does not affect a liability to a penalty or any other remedy or relief, or to an order or a direction, for an offence or for a breach of any legislation committed before the repeal or amendment.

  2. Repealed or amended legislation continues to have effect as if it had not been repealed or amended for the purpose of—

  3. investigating the offence or breach:
    1. commencing or completing a proceeding for the offence or breach:
      1. imposing a penalty, or any other remedy or relief, or making or giving an order or a direction, for the offence or breach.
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