Legislation Act 2019

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

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

You could also call this:

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

If you want to stop some secondary legislation, a member of the House of Representatives can give notice of a motion to disallow it. You need to know that the legislation will be disallowed if the House of Representatives does not deal with the motion before a certain deadline. The deadline is 21 sitting days after the notice of motion is given.

If the legislation is disallowed, it will cease to have effect on the deadline or a later date stated in the notice of motion. You can find more information about how this works by looking at the Legislation Act 2019 and similar laws, such as s 43 of 2012 No 119.

The deadline is an important date, and it is defined as the close of the 21st sitting day after the notice of motion is given.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7298433.


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116: House of Representatives may disallow secondary legislation by resolution, or

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


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118: Effect of disallowance on legislation, or

"What happens to laws when they are disallowed and their changes are undone."

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

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

  1. Secondary legislation, or a provision of secondary legislation, to which this subpart applies is disallowed if—

  2. a member of the Committee of the House of Representatives responsible for the review of secondary legislation gives notice of a motion to disallow it; and
    1. none of the following happens before the deadline:
      1. the notice is withdrawn:
        1. the House disposes of the motion:
          1. Parliament is dissolved or expires.
          2. Legislation disallowed under this section ceases to have effect on the later of—

          3. the deadline; and
            1. any date stated in the notice of motion as the date on which the legislation ceases to have effect.
              1. In this section, the deadline is the close of the 21st sitting day after the giving of the notice of motion.

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