Plain language law

New Zealand law explained for everyone

Legislation Act 2019

Interpretation and application of legislation - Exercise of powers in legislation generally

43: When powers can be exercised before commencement

You could also call this:

"Using new law powers before they officially start"

When new laws are made, you might wonder if they can be used before they officially start. You can use some powers before the law starts if it is to make other laws or documents. You can also use these powers to give someone a new role or create a new group.

You can only use these powers if it is necessary to get the new law working. This means you can use them to prepare for the law to start or to make it work properly. When you use these powers, it is like the new law has already started, even if it has not.

You can use these powers to give someone a new legal position, like a right or a duty. This is only allowed if it is necessary to get the new law working. You can find more information about this 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=DLM7298301.

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42: Amendments made to secondary legislation by Act do not prevent later amendments, or

"Changes made by an Act to secondary laws don't stop further changes being made later."

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44: Limit on when pre-commencement exercise of powers takes effect, or

"When new laws start, they can't be used before that date unless it's really necessary."

Part 2Interpretation and application of legislation
Exercise of powers in legislation generally

43When powers can be exercised before commencement

  1. A power conferred by legislation may be exercised before the legislation comes into force or takes effect to—

  2. make secondary legislation or another instrument; or
    1. serve a notice or document; or
      1. appoint a person to an office; or
        1. establish a body of persons; or
          1. confer or impose on a person a right, interest, title, immunity, duty, status, or capacity (a legal position); or
            1. do any other act or thing for the purposes of the legislation.

              1. However, the power may be exercised only if the exercise of the power is necessary or desirable—

              2. to bring the legislation into operation; or
                1. in connection with bringing the legislation into operation.

                  1. Subsection (1) applies as if—

                  2. the legislation that confers the power, and all other legislation that is relevant to the power’s exercise and that has not yet commenced, had commenced; and
                    1. a legal position that would be conferred or imposed by legislation that is relevant to the power’s exercise, and that has not yet commenced, has been conferred or imposed.

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