Legislation Act 2019

Interpretation and application of legislation - Amendment and repeal

38: How to apply references to repealed legislation

You could also call this:

"What happens to other laws when one law is repealed and replaced with a new one?"

When a law is repealed, it does not affect other laws that refer to it. You can still use the other laws even if the original law is no longer in place. The law that replaces the repealed one will be used instead.

If a law mentions another law that has been repealed, it means the new law is being referred to. This new law might be the same or slightly different from the old one. It is the one that replaces or is similar to the repealed law.

One part of this rule is affected by the other part, so you need to consider both together. This is how you apply references to laws that are no longer in place, as seen in the previous law. You follow these steps to understand what happens when a law is repealed.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7298290.


Previous

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"


Next

39: Time of repeal of legislation on particular day, or

"When a law ends on a certain day, it stops working from the start of that day."

Part 2Interpretation and application of legislation
Amendment and repeal

38How to apply references to repealed legislation

  1. The repeal of legislation does not affect legislation in which the repealed legislation is applied, incorporated, or referred to.

  2. A reference in legislation to repealed legislation is a reference to legislation that, with or without modification, replaces, or that corresponds to, the legislation repealed.

  3. Subsection (1) is subject to subsection (2).

Compare