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Legislation Act 2019

Parliament’s oversight of secondary legislation - Disallowance by House of Representatives

116: House of Representatives may disallow secondary legislation by resolution

You could also call this:

"The House of Representatives can cancel laws made by others with a formal decision."

The House of Representatives can stop secondary legislation by making a resolution. You can think of a resolution like a formal decision made by the House of Representatives. When they make this decision, the secondary legislation will no longer be in effect.

This happens on the later of two dates: the date they make the decision or a date they specify in the resolution. If they specify a date, the legislation will stop being in effect on that date. The House of Representatives has the power to make this decision about secondary legislation that this part of the law applies to, as seen in the Legislation Act 2019, which is similar to section 42 of a previous law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7298432.

Topics:
Government and voting > Government departments
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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."

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117: Secondary legislation disallowed if House of Representatives does not dispose of motion to disallow, or

"A law can be stopped if MPs don't discuss it within 21 sitting days."

Part 5Parliament’s oversight of secondary legislation
Disallowance by House of Representatives

116House of Representatives may disallow secondary legislation by resolution

  1. The House of Representatives may, by resolution, disallow any secondary legislation, or provision of secondary legislation, to which this subpart applies.

  2. Legislation disallowed by a resolution ceases to have effect on the later of—

  3. the passing of the resolution; and
    1. any date stated in the resolution as the date on which the legislation ceases to have effect.

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