Legislation Act 2019

Drafting and publishing of legislation - Drafting and publishing legislation - Key drafting responsibilities

67: What legislation is drafted by PCO

You could also call this:

"What laws are written by the Parliamentary Counsel Office?"

The PCO drafts legislation for the Government, including Government Bills and any changes to them. You can think of a Bill as a proposal for a new law. The PCO also helps with drafting local Bills and private Bills, which are proposed by individuals or groups, not the Government. The PCO drafts other types of legislation, like secondary legislation, which can be made by Order in Council, and this is a decision made by the Governor-General, usually on the advice of the Ministers.

The PCO drafts secondary legislation that changes an Act, which is a law that has already been passed. They also draft secondary legislation when the agency responsible for it and the Chief Parliamentary Counsel agree, or when the Attorney-General tells them to. The Attorney-General is a Minister who is in charge of legal matters.

The PCO can draft or help with drafting other legislation if the Attorney-General directs them to, you can find more information about this in the Legislation Act 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=DLM7298346.


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Part 3Drafting and publishing of legislation
Drafting and publishing legislation: Key drafting responsibilities

67What legislation is drafted by PCO

  1. The main functions of the PCO, in relation to drafting legislation, are—

  2. to draft Government Bills and amendments to them; and
    1. to advise on, or assist with, the drafting of local Bills and private Bills and amendments to them; and
      1. to draft Members’ Bills, and amendments to them, if the Attorney-General directs; and
        1. to draft the following:
          1. any secondary legislation made by Order in Council (unless the Attorney-General otherwise directs):
            1. any secondary legislation that amends an Act:
              1. any secondary legislation if the administering agency and the Chief Parliamentary Counsel agree:
                1. any secondary legislation if the Attorney-General directs; and
                2. to draft, or advise on or assist in the drafting of, any other legislation that the Attorney-General directs.
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