Legislation Act 2019

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

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

You could also call this:

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

If you exercise a power under section 43 of the Legislation Act 2019, the result can only take effect when the legislation starts. You can only use the power before the legislation starts if it is necessary to make the legislation work. This includes using the power to amend, revoke, or replace something that was done earlier under section 43 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7298303.


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

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

  1. Anything that results from the exercise of a power under section 43 may take effect only on and after the commencement of the legislation that confers the power.

  2. However, that limit does not apply if the exercise of the power is necessary or desirable—

  3. to bring the legislation into operation; or
    1. in connection with bringing the legislation into operation; or
      1. to amend, revoke, or replace anything previously done in reliance on section 43.
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