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Legislation Act 2019

Interpretation and application of legislation - Forms

53: Extension of power to approve or prescribe forms

You could also call this:

"More power to create and approve forms for sharing information"

The law gives people the power to approve or prescribe forms that you use to give information to others. You use these forms to supply information that must or may be given to any person. This power is called power A.

Power A includes another power, called power B, which lets you do things like decide what information to give or how to give it. You can use power B instead of power A, or you can use them both. When you use power B, the information you give must still follow the rules.

If power A is a power to make secondary legislation, and secondary legislation made under power A lets a person approve or prescribe a form, then that form is like secondary legislation. You can find out more about secondary legislation in the Part 3 of this law. The secondary legislation must say that the form is like secondary legislation.

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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=DLM7298313.

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Part 2Interpretation and application of legislation
Forms

53Extension of power to approve or prescribe forms

  1. This section applies to a power (power A) conferred by legislation to approve or prescribe a form used to supply information that must or may be supplied to any person, or made available, for any purpose.

  2. Power A includes a power (power B) to do any 1 or more of the following:

  3. identify the information to be supplied or made available:
    1. approve or prescribe a method, format, or medium for supplying information or making information available:
      1. if power A is a power to prescribe a form, authorise a prescribed person to approve or prescribe a form or a method, format, or medium for supplying information or making information available.

        1. Power B may be exercised in place of, or as well as, power A.

        2. Information supplied or made available under power B complies with legislation that refers to, requires, or otherwise operates with the form as if the information had been supplied or made available in an approved or a prescribed form (and the legislation applies, with all necessary modifications, accordingly).

        3. Subsection (6) applies if—

        4. power A is itself a power to make secondary legislation; and
          1. secondary legislation made under power A (and in reliance on the power B referred to in subsection (2)(c)) authorises a person to approve or prescribe a form and, in doing so, to determine the information to be supplied or made available; and
            1. the form, rather than the secondary legislation, will identify the information to be supplied or made available.

              1. If this subsection applies,—

              2. the instrument by which the person approves or prescribes the form is secondary legislation (see Part 3 for publication requirements); and
                1. the secondary legislation referred to in subsection (5)(b) must contain a statement to that effect.

                  Compare
                  Notes
                  • Section 53(1): amended, on , by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).
                  • Section 53(2): amended, on , by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).
                  • Section 53(2)(c): amended, on , by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).
                  • Section 53(3): replaced, on , by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).
                  • Section 53(4): amended, on , by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).
                  • Section 53(5): inserted, on , by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).
                  • Section 53(6): inserted, on , by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).