Legislation Act 2019

Parliament’s oversight of secondary legislation - Presentation to House of Representatives

114: Secondary legislation must be presented to House of Representatives

You could also call this:

"New laws must be shown to Parliament, except in some special cases."

When secondary legislation is made, the Minister in charge must present it to the House of Representatives. They have to follow the House's rules and usual practices when doing this. You can find out if there are any exceptions to this rule in Schedule 3 or section 161A of the Local Government Act 2002.

The Minister does not have to present secondary legislation to the House of Representatives if an exemption applies. This means that sometimes the legislation does not have to be shown to the House.

If a local authority or council-controlled organisation makes secondary legislation, it does not have to be presented to the House of Representatives unless the law that allows them to make the legislation says it must be presented.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7298429.


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113: Purpose of this Part, or

"Controlling special powers to make new laws"


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115: All secondary legislation subject to disallowance, with limited exceptions, or

"Most laws made by others can be stopped, except for a few special ones."

Part 5Parliament’s oversight of secondary legislation
Presentation to House of Representatives

114Secondary legislation must be presented to House of Representatives

  1. The relevant Minister must present secondary legislation to the House of Representatives in accordance with the House’s rules and practice.

  2. However,—

  3. if a presentation exemption applies to secondary legislation (or a part of secondary legislation) under Schedule 3, this requirement does not apply to that legislation or part; and
    1. see also section 161A of the Local Government Act 2002, which provides that this requirement does not apply to secondary legislation made by a local authority or a council-controlled organisation unless the empowering legislation (or other legislation) expressly requires presentation to the House of Representatives.
      Compare
      Notes
      • Section 114(2)(a): amended, on , by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).