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New Zealand law explained for everyone

Legislation Act 2019

Interpretation and application of legislation - Amendment and repeal

36: Legislation made under repealed legislation has continuing effect

You could also call this:

"Rules made under an old law still apply even if the old law is repealed."

If a law is repealed, you might wonder what happens to the rules made under that law. Any rules made under the repealed law that are still in force keep being enforced as if they were made under a different law. This different law is one that replaces or is similar to the repealed law.

If a rule continues to be in force, it can be changed or cancelled as if it was made under the new law that replaced the old one. You can find more information about this by looking at the law from 1986. This helps you understand what happens to rules when a law is repealed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7298287.

Topics:
Government and voting > Government departments
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35: Powers exercised under repealed or amended legislation have continuing effect, or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."

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37: How to apply references to new legislation that is not yet in force, or

"How to use references to new laws that haven't started yet"

Part 2Interpretation and application of legislation
Amendment and repeal

36Legislation made under repealed legislation has continuing effect

  1. Any legislation made under repealed legislation, and that is in force immediately before that repeal, continues in force as if it had been made under any other legislation—

  2. that, with or without modification, replaces, or that corresponds to, the legislation repealed; and
    1. under which it could be made.

      1. Legislation that continues in force may be amended or revoked as if it had been made under the legislation that replaces, or that corresponds to, the repealed legislation.

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